Title 22 — Judiciary
9 chapters · 151 sections in this title.
AS 22.20.010 Judicial officer defined.
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The term “judicial officer” means a supreme court justice, including the chief justice, a judge of the court of appeals, a judge of the superior court, a district judge, and a magistrate.
AS 22.20.020 Disqualification of judicial officer for cause.
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(a) A judicial officer may not act in a matter in which (1) the judicial officer is a party; (2) the judicial officer is related to a party or a party's attorney by consanguinity or affinity within the third degree; (3) the judicial officer is a material witness; (4) the judicial…
AS 22.20.022 Peremptory disqualification of a judge.
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(a) If a party or a party's attorney in a district court action or a superior court action, civil or criminal, files an affidavit alleging under oath the belief that a fair and impartial trial cannot be obtained, the presiding district court or superior court judge, respectively,…
AS 22.20.030 Powers of judicial officers.
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A judicial officer may (1) preserve and enforce order in the immediate presence of the court and in the proceedings before the court, when engaged in the performance of a duty imposed by law on the judicial officer; (2) compel obedience to the lawful orders of the court, as provi…
AS 22.20.035 Powers of judicial employees.
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The clerk of a court, and a deputy clerk designated by order of a court, may exercise the powers of judicial officers specified in AS 22.20.030(4)-(7), and other powers authorized by law.
AS 22.20.037 Employment of judicial employees.
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Article 2. Attorneys. (a) Judicial employees shall be employed subject to classification and wage plans based on the merit principle and adapted to the special needs of the judiciary, as determined by the administrative director of the Alaska Court System. Except as otherwise pro…
AS 22.20.040 Appearance.
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(a) An action or proceeding may be prosecuted or defended by a party in person or by attorney. However, (1) the United States shall appear by an attorney in all cases; and (2) a corporation, either public or private, shall appear by an attorney in all cases unless an exception to…
AS 22.20.050 Authority to bind client, receive money or property, and give discharge.
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(a) An attorney may (1) bind the attorney's client in any of the proceedings in an action or proceeding by agreement filed with the clerk or entered upon the journal of the court, and not otherwise; (2) receive money or property claimed by the client in an action or proceeding du…
AS 22.20.060 Appearance of attorney without authority.
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If it is alleged by a party for whom an attorney appears that the attorney does so without authority, and the allegation is verified by the affidavit of the party, the court may, if it finds the allegation true, at any stage of the proceedings, relieve the party for whom the atto…
AS 22.20.070 Requiring proof of authority.
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The court may, on motion of either party, and on showing reasonable grounds therefor, require the attorney for an adverse party to produce or prove the authority under which the attorney appears, and until the attorney does so may stay all proceedings by the attorney on behalf of…
AS 22.20.080 Compelling attorney to deliver over money or papers.
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When an attorney refuses to deliver over money or papers to a person from or for whom the attorney has received them in the course of professional employment, whether in a judicial proceeding or not, a court may, by order, require the attorney to do so within a specified time or …
AS 22.20.090 Court order to deliver over money or papers.
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Article 3. Commissioner of Public Safety. If an attorney claims a lien upon the money or papers under AS 34.35.430, the court, in making an order under AS 22.20.080, shall (1) impose, as a condition of making the order, that the client give security, in form and amount to be dire…
AS 22.20.100 Duty of the commissioner in the supreme court.
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The commissioner is the executive officer of the supreme court and shall serve and execute all process issued by the supreme court or a justice of the supreme court, and shall attend the supreme court, and has the authority necessary for the execution of these duties.
AS 22.20.110 Duty of the commissioner in the court of appeals, the superior court, and district courts.
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When required by the supreme court, and except as otherwise provided in AS 18.66.160, the commissioner shall serve and execute all process issued by the court of appeals, the superior court, and the district courts; attend to and wait upon grand and petit juries; maintain order; …
AS 22.20.120 General authority and duty of the commissioner.
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The authority necessary for the lawful performance of the duties of execution of service of process, seizure and detention of property, the sale of property forfeited or levied upon, and arrest of persons, in connection with civil matters, is vested in the commissioner. Any court…
AS 22.20.130 Assistance for commissioner.
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(a) The commissioner shall be assisted in the execution of the authority and duty vested by AS 22.20.100 — 22.20.140 by members of the division of state troopers or Alaska state constabulary who the commissioner designates. The commissioner is responsible on official bond for the…
AS 22.20.140 Definitions.
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Article 4. Judicial Council. In AS 22.20.100 — 22.20.140, (1) “commissioner” means the commissioner of public safety; (2) “district courts” includes sessions presided over by a magistrate; (3) “process” means any summons, writ, process, order, or subpoena.
AS 22.20.200 DNA evidence information.
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The judicial council shall periodically review and distribute information relevant to the technical, legal, and scientific use of deoxyribonucleic acid (DNA) profiles in criminal proceedings to (1) judges and magistrates; (2) the Department of Law; (3) the Public Defender Agency;…
AS 22.20.210 Staff and support for criminal justice commission.
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[Repealed or reserved.]
AS 22.20.211 Staff and support for Alaska Criminal Justice Data Analysis Commission.
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The judicial council shall provide staff and administrative support to the Alaska Criminal Justice Data Analysis Commission established in AS 44.19.641.
AS 22.20.220 Prison inmate characteristics information
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[Repealed or reserved.]
AS 22.20.221 Prison inmate characteristics information.
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Article 5. Administrative Director. (a) The judicial council shall design and implement a project for the purposes of studying risk factors related to criminal activity, informing the legislature's policy and funding decisions related to primary crime prevention, and improving pr…
AS 22.20.300 Administrative director.
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The chief justice of the supreme court shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the Alaska Court System.
AS 22.20.310 Court system report.
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The administrative director of the Alaska Court System shall, not later than March 15 of each year, make available to the public and file with the senate secretary and the chief clerk of the house of representatives a report regarding the Alaska Court System. The report must incl…
AS 22.20.320 Information systems guidelines and plan.
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Article 6. Public Administrators. The administrative director of the Alaska Court System shall establish information systems guidelines and prepare a short-range and long-range information systems plan for the court system. The guidelines and plan must be consistent with the tele…
AS 22.20.410 Appointment.
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When authorized by the supreme court, the presiding judge in each judicial district shall appoint a person to act as public administrator of the estates of deceased persons.
AS 22.20.420 Administration of decedents' estates.
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When letters of administration are issued to a public administrator by the superior court in the district, the public administrator is the legal custodian of and shall administer the estates of deceased persons who leave property within the district. Letters of administration sha…
AS 22.20.430 Bond.
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Before entering upon the duties of a public administrator, the public administrator shall execute and file with the administrative director of the Alaska Court System a surety bond in the form and amount to be determined by rule of the supreme court. The costs of the bond shall b…
AS 22.20.440 Compensation.
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A public administrator is entitled to annual compensation in an amount to be determined by the supreme court and is not entitled to fees as other administrators.