Title 22 — Judiciary
9 chapters · 151 sections in this title.
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[Repealed or reserved.]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[Repealed or reserved.]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.
AS 22.25.010 Mandatory and voluntary retirement of justices and judges.
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(a) A justice or judge shall be retired on the date that the justice or judge reaches the age of 70. A justice or judge is eligible for retirement pay with five or more years of service at the time of retirement as a justice or judge. (b) A justice or judge may be retired for inc…
AS 22.25.011 Contributions of justices and judges.
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Each justice and judge appointed after July 1, 1978, is a member under the judicial retirement system as of the date of the justice's or judge's appointment and shall contribute seven percent of the base annual salary received by the justice or judge to the judicial retirement sy…
AS 22.25.012 Retirement benefits of administrative director.
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(a) An administrative director of the Alaska Court System appointed under art. IV, sec. 16, Constitution of the State of Alaska, is a member under the judicial retirement system as of the date of the administrative director's appointment and is entitled to retirement benefits und…
AS 22.25.020 Retirement pay.
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Except as provided in AS 22.25.023(b), a retired justice or judge eligible for retirement pay shall receive from the date of eligibility until death monthly retirement pay equal to five percent per year of service, to a maximum of 75 percent, of the monthly salary authorized for …
AS 22.25.021 Distribution requirements.
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(a) The entire interest of a member must be distributed or must begin to be distributed not later than the member's required beginning date. (b) If a member dies after the distribution of the member's interest has begun but before the distribution has been completed, the remainin…
AS 22.25.022 Rollover distributions and rollover contributions.
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(a) A distributee may elect, at the time and in the manner prescribed by the administrator, to have all or part of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in the direct rollover. (b) The system does not accept co…
AS 22.25.023 Limitation on benefits; maximum annual compensation.
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(a) Notwithstanding any other provisions of this chapter, the projected annual benefit provided by this chapter and the benefit from all other defined benefit plans required to be aggregated with the benefits from this system under the provisions of 26 U.S.C. 415 may not increase…
AS 22.25.025 Administration; federal qualification requirements.
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(a) The commissioner of administration is responsible for the administration of the judicial retirement system. The system is intended to qualify as a governmental plan established and maintained by the government of this state for the state's employees, as permitted under 26 U.S…
AS 22.25.027 Regulations.
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(a) The commissioner of administration may adopt regulations to implement this chapter. Regulations adopted by the commissioner under this chapter relate to the internal management of state agencies and their adoption is not subject to AS 44.62 (Administrative Procedure Act). (b)…
AS 22.25.030 Survivors' benefits.
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(a) Upon the death of a justice or judge who has served for at least two years, the surviving spouse is entitled to receive survivors' benefits equal to one-half of the monthly retirement pay the justice or judge would thereafter have been entitled to receive if retired at the ti…
AS 22.25.033 Claim for survivor's benefits.
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A person claiming entitlement to benefits payable under this chapter as a consequence of a justice's or judge's death shall provide the commissioner of administration with a marriage certificate, divorce or dissolution judgment, or other evidence of entitlement. Documents establi…
AS 22.25.035 Rights under a qualified domestic relations order.
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A former spouse who was married to a justice or judge for at least one year shall be treated as a spouse or surviving spouse under this chapter to the extent required by a qualified domestic relations order. Rights under the order do not take effect until the order is filed with …
AS 22.25.040 Refund of contributions. [Repealed, § 16 ch 83 SLA 1967.]
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[Repealed or reserved.]
AS 22.25.041 Refund of contributions.
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(a) Except as provided in (c) of this section, a justice or judge who vacates office for any reason and who has not then accrued five years of creditable service under this chapter is entitled to receive a refund of the total amount of contributions, including principal and inter…
AS 22.25.045 Appropriations. [Repealed, § 42 ch 146 SLA 1980.]
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[Repealed or reserved.]
AS 22.25.046 Employer contributions.
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(a) The state court system shall contribute to the judicial retirement system at the rate established by the commissioner of administration. The contribution rate shall be based on the results of an actuarial valuation of the judicial retirement system. The results of the actuari…
AS 22.25.048 Judicial retirement trust fund; accounting and investment.
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(a) The commissioner of administration shall establish a judicial retirement trust fund for the judicial retirement system in which the assets of the system are deposited and held. The trust fund is subject to the restrictions of (h) of this section. The commissioner shall mainta…
AS 22.25.050 Secs. 22.25.050 — 22.25.070. Financing and administration; contributions; transfer of contributions. [Repealed, § 16 ch 83 SLA 1967.]
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[Repealed or reserved.]
AS 22.25.080 Tax exemption.
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Benefits paid under this chapter are exempt from state and municipal income taxes.
AS 22.25.090 Medical benefits.
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(a) Except as provided in (c) of this section, the following persons are entitled to major medical insurance coverage: (1) a person receiving a monthly benefit under this chapter; (2) the spouse of a person receiving a monthly benefit under this chapter; (3) a natural or adopted …
AS 22.25.100 Exemption of retirement funds and benefits.
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Employee contributions and other amounts held in the judicial retirement system and benefits payable under this chapter are exempt from garnishment, execution, and levy as provided in AS 09.38 (Alaska Exemptions Act).
AS 22.25.110 Special rules for treatment of qualified military service.
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(a) Notwithstanding any contrary provisions of this chapter, with respect to qualified military service, contributions shall be made and benefits and service credit shall be provided in accordance with 26 U.S.C. 414(u). (b) To the extent required by 26 U.S.C. 401(a)(37), if a mem…
AS 22.25.800 Pension forfeiture.
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The provisions of AS 37.10.310 apply to pension benefits under this chapter.
AS 22.25.900 Definitions.
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In this chapter, unless the context otherwise requires, (1) “actuarial equivalent” means the adjustment necessary to obtain equality in value of the aggregate expected payments under two different forms of pension payments, considering expected mortality and interest earnings on …
AS 22.30.010 Commission on Judicial Conduct.
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The Commission on Judicial Conduct shall consist of nine members as follows: three persons who are justices or judges of state courts, elected by the justices and judges of the state courts; three members who have practiced law in this state for 10 years, appointed by the governo…
AS 22.30.011 Powers and duties of the commission.
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(a) The commission shall on its own motion or on receipt of a written complaint inquire into an allegation that a judge (1) has been convicted of a crime punishable as a felony under state or federal law or convicted of a crime that involves moral turpitude under state or federal…
AS 22.30.015 Term of office.
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The term of office for a commission member is four years.
AS 22.30.020 Employment and compensation generally.
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The commission may employ officers, assistants, and other employees that it considers necessary for the performance of the duties and exercise of the powers conferred upon the commission; it may arrange for and compensate medical and other experts and reporters, may arrange for t…
AS 22.30.030 Travel expenses and per diem.
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Each member of the commission shall be allowed travel expenses and per diem as provided by AS 39.20.180, but may not receive compensation for services.
AS 22.30.040 Preparation of budget.
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The commission shall be responsible for preparing and presenting to the legislature its proposed annual budgets.
AS 22.30.050 Validity of acts of the commission.
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An act of the commission is not valid unless concurred in by a majority of the members serving on the commission at the time the act is taken.
AS 22.30.060 Rules and confidentiality.
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(a) The commission shall adopt rules implementing this chapter and providing for confidentiality of proceedings. (b) All proceedings, records, files, and reports of the commission are confidential and disclosure may not be made except (1) upon waiver in writing by the judge at an…
AS 22.30.066 Inquiry.
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(a) The commission may subpoena witnesses, administer oaths, take the testimony of any person under oath, and require the production for examination of documents or records relating to its inquiry under AS 22.30.011. (b) In the course of an inquiry under AS 22.30.011 into judicia…
AS 22.30.068 Minority reports.
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A member of the commission who believes that the commission failed to impose an appropriate disciplinary measure after a hearing under AS 22.30.011(b) may submit a report recommending a different disciplinary measure. The report shall accompany the majority report and may be subm…
AS 22.30.070 Disqualification, suspension, removal, retirement, and censure of judges.
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(a) A judge is disqualified from acting as a judge, without loss of salary, while there is pending (1) an indictment or an information charging the judge in the United States with a crime punishable as a felony under Alaska or federal law, or (2) a recommendation to the supreme c…
AS 22.30.080 Definitions.
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In this chapter, (1) “commission” means the Commission on Judicial Conduct provided for in § 10, art. IV, Constitution of the State of Alaska and this chapter; (2) “judge” means a justice of the supreme court, a judge of the court of appeals, a judge of the superior court, or a j…
AS 22.35.010 Geographic cost-of-living adjustment. [Repealed, § 19 ch 47 SLA 2013.]
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[Repealed or reserved.]
AS 22.35.020 Copies of records for child support purposes.
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If a copy of a court record is requested by the child support services agency created in AS 25.27.010 or a child support agency of another state, the official custodian of the record shall provide the requesting agency with a copy of the record, including any social security numb…