Title 22 — Judiciary
9 chapters · 151 sections in this title.
AS 22.15.020 Number of district judges and magistrates.
0.8K chars
(a) Except as hereinafter provided, each district court of the state shall have the number of district judges set out below opposite the name of the judicial district over which the court has jurisdiction: First Judicial District 3 Second Judicial District 1 Third Judicial Distri…
AS 22.15.030 Civil jurisdiction.
2.2K chars
(a) The district court has jurisdiction of civil cases, including foreign judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170 or 09.43.530 to the extent permitted by AS 09.43.010 and 09.43.300, as follows: (1) for the recovery of money or damages whe…
AS 22.15.040 Small claims.
0.9K chars
(a) Except as otherwise provided in this subsection, when a claim for relief does not exceed $10,000, exclusive of costs, interest, and attorney fees, and request is so made, the district judge or magistrate shall hear the action as a small claim unless important or unusual point…
AS 22.15.050 Actions not within civil jurisdiction.
0.2K chars
The jurisdiction of the district courts does not extend to (1) an action in which the title to real property is in question; (2) an action of an equitable nature, except as otherwise provided by law.
AS 22.15.060 Criminal jurisdiction.
0.5K chars
(a) The district court has jurisdiction (1) of the following crimes: (A) a misdemeanor, unless otherwise provided in this chapter; (B) a violation of an ordinance of a political subdivision; (C) a violation of AS 04.16.050 or AS 11.76.105; (2) to provide post-conviction relief un…
AS 22.15.070 Extent of jurisdiction.
0.1K chars
The civil jurisdiction and the criminal jurisdiction of the district court of the State of Alaska extend over the entire state.
AS 22.15.080 Change of venue.
0.8K chars
The court in which an action is pending shall change the place of trial of the action from one place to another place in the same judicial district or to a designated place in another judicial district when the court finds any of the following: (1) there is reason to believe that…
AS 22.15.090 Sessions and general powers of district court.
0.8K chars
(a) The district court shall always be open for the transaction of business, except on judicial holidays as determined by rule of the supreme court. However, the court may at any time (1) exercise its powers in a criminal action, or in a proceeding of a criminal nature, including…
AS 22.15.100 Functions and powers of district judge and magistrate.
2.2K chars
Each district judge and magistrate has the power (1) to issue writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, returnable before a judge of the superior court, and the same proceedings shall be had on the writ as if it had been granted b…
AS 22.15.110 Additional duties of district judge and magistrate.
0.6K chars
(a) Each district judge and magistrate shall (1) record birth, death, and marriage certificates presented to them for record in the manner prescribed by law; (2) authorize the burial or disposition of bodies under AS 12.65.100; and (3) upon application by an appropriate person, a…
AS 22.15.120 Limitations on proceedings which magistrate may hear.
2.2K chars
(a) A magistrate shall preside only in cases and proceedings under AS 22.15.040, 22.15.100, and 22.15.110, and as follows: (1) for the recovery of money or damages only when the amount claimed, exclusive of costs, interest, and attorney fees, does not exceed $10,000; (2) for the …
AS 22.15.130 Seal of court. [Repealed, § 2 ch 64 SLA 1974. For current law, see AS 22.05.060.]
0.0K chars
[Repealed or reserved.]
AS 22.15.140 Process.
0.4K chars
Process of the district court shall be in the name of the State of Alaska, signed by the district judge, magistrate, clerk, or deputy clerk of the district court in the judicial district where the process is issued, dated when issued, sealed with the seal of the court, and made r…
AS 22.15.150 Jury trials.
0.1K chars
The trial jury in the district courts consists of a body of six persons in number.
AS 22.15.160 Qualifications of district judges and magistrates.
0.8K chars
(a) A district judge shall be a citizen of the United States and of the state, at least 21 years of age, a resident of the state for at least five years immediately preceding appointment, and (1) have been engaged in the active practice of law for not less than three years immedi…
AS 22.15.170 Selection of district judges and magistrates.
2.5K chars
(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in an office of district judge within 45 days after receiving nominations from the judicial council by appointing one of two or more persons nominated by the council for each actual or impen…
AS 22.15.180 Oath of office.
0.2K chars
Each district judge and magistrate, upon entering office, shall take and subscribe to an oath of office required of all officers under the constitution and any further oath or affirmation that may be prescribed by law.
AS 22.15.190 Assignment of district judges and magistrates.
0.5K chars
Each district judge and each magistrate shall hold court at times and places that are assigned by the presiding judge of the superior court of the district. The presiding judge in any judicial district may assign any district judge or magistrate within the district to serve tempo…
AS 22.15.195 Approval or rejection.
0.9K chars
Each district court judge is subject to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial council shall conduct an evaluation of each judge before the retention election and shall provide to the public information about the judge and may provide a re…
AS 22.15.200 Incapacity. [Repealed, § 2 ch 213 SLA 1968.]
0.0K chars
[Repealed or reserved.]
AS 22.15.205 Impeachment.
0.7K chars
A district judge is subject to impeachment by the legislature for malfeasance or misfeasance in the performance of official duties. Impeachment must originate in the senate and must be approved by two-thirds vote of its members. The motion for impeachment must list fully the basi…
AS 22.15.210 Restrictions.
1.3K chars
(a) A district judge while holding office may not practice law, nor engage in the conduct of any other profession, vocation, or business for profit or compensation, which conduct would interfere with the performance of the judicial duties of the judge, nor may a judge hold office…
AS 22.15.220 Compensation.
2.0K chars
(a) Except as provided in (e) of this section, the monthly base salary for each district court judge is $10,793. (b) Each magistrate shall receive annual compensation including geographic differential pay to be determined by the supreme court. Salary increases shall be determined…
AS 22.15.230 Additional compensation.
0.2K chars
Subject to rule of the supreme court, a district judge or magistrate shall receive a per diem allowance and a transportation allowance commensurate with that authorized for other state employees.
AS 22.15.240 Appeal.
0.9K chars
(a) Either party may appeal a judgment of the district court in a civil action to the superior court. (b) The defendant may appeal a judgment of conviction given in the district court in a criminal action to the superior court. When the judgment is given on a plea of guilty, an a…
AS 22.15.250 Disposition of fines.
0.3K chars
When by law any fees, fines, forfeitures, or penalties are levied and collected by the district judge or magistrate, the proceeds and all other money collected shall be accounted for and transmitted to the administrative director of the Alaska Court System for transfer to the gen…
AS 22.15.260 Bond. [Repealed, § 1 ch 27 SLA 1995.]
0.0K chars
[Repealed or reserved.]
AS 22.15.270 Retention of fines, etc., by political subdivisions.
0.4K chars
All fines, penalties, and forfeitures resulting from violations of ordinances of political subdivisions shall be returned to the political subdivision whose ordinance is involved in the manner provided by rule of the supreme court. Fines, penalties, and forfeitures imposed after …
AS 22.15.310 [Renumbered as AS 22.20.410.]
0.0K chars
[Repealed or reserved.]
AS 22.15.320 [Renumbered as AS 22.20.420.]
0.0K chars
[Repealed or reserved.]
AS 22.15.330 [Renumbered as AS 22.20.430.]
0.0K chars
[Repealed or reserved.]
AS 22.15.340 [Renumbered as AS 22.20.440.]
0.0K chars
[Repealed or reserved.]
AS 22.15.350 Other duties of public administrator. [Repealed, § 18 ch 103 SLA 1996.]
0.0K chars
[Repealed or reserved.]
AS 22.20.010 Judicial officer defined.
0.2K chars
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.
2.6K chars
(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.
1.2K chars
(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.
1.0K chars
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.
0.2K chars
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.
1.5K chars
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.
0.6K chars
(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.
0.7K chars
(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.
0.4K chars
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.
0.3K chars
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.
0.4K chars
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.
0.6K chars
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.
0.3K chars
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.
0.5K chars
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.
0.4K chars
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.
1.4K chars
(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.
0.3K chars
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.