Title 22 — Judiciary
9 chapters · 151 sections in this title.
AS 22.05.010 Jurisdiction.
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(a) The supreme court has final appellate jurisdiction in all actions and proceedings. However, a party has only one appeal as a matter of right from an action or proceeding commenced in either the district court or the superior court. (b) Appeal to the supreme court is a matter …
AS 22.05.015 Transfer of appellate cases.
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(a) The supreme court may transfer to the court of appeals for decision a case pending before the supreme court if the case is within the jurisdiction of the court of appeals. (b) The supreme court may take jurisdiction of a case pending before the court of appeals if the court o…
AS 22.05.020 Composition and general powers of supreme court.
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(a) The supreme court is a court of record and consists of five justices including the chief justice. (b) The supreme court is vested with all power and authority necessary to carry into complete execution all its judgments, decrees, and determinations in all matters within its j…
AS 22.05.025 Court facilities.
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(a) The supreme court has authority over (1) all matters relating to the (A) maintenance, occupancy, and operation of all court facilities; (B) rent or lease of facilities for court system purposes, subject to AS 36.30.080(c); and (C) acquisition of facilities for court system pu…
AS 22.05.030 Session of court.
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The supreme court shall always be open for the transaction of business in the manner determined by rule of the court. The supreme court shall hold sessions on dates and at places fixed by court rule.
AS 22.05.040 Effect of adjournment.
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An adjournment from day to day, or from time to time, is a recess in the session, and does not prevent the court from sitting at any time.
AS 22.05.050 Process.
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Process of the supreme court shall be in the name of the State of Alaska, signed by the clerk of the court or the deputy clerk, dated when issued, sealed with the seal of the court, and made returnable according to rule prescribed by the court.
AS 22.05.060 Seals of court.
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The seal of the supreme court is a vignette of the official flag of the state with the words “Seal of the Supreme Court of the State of Alaska” surrounding the vignette. The supreme court shall prescribe by rule the seals of court for the court of appeals and for the superior and…
AS 22.05.070 Qualifications of justices.
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[Repealed or reserved.]
AS 22.05.080 Vacancies.
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(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of supreme court justice within 45 days after receiving nominations from the judicial council, by appointing one of two or more persons nominated by the judicial council for ea…
AS 22.05.090 Oath of office.
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Each supreme court justice, 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 22.05.100 Approval or rejection.
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Each supreme court justice is subject to approval or rejection as provided in AS 15 (Alaska Election Code). The judicial council shall conduct an evaluation of each justice before the retention election and shall provide to the public information about that justice and may provid…
AS 22.05.110 Incapacity. [Repealed, § 3 ch 213 SLA 1968.]
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[Repealed or reserved.]
AS 22.05.120 Impeachment.
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A supreme court justice is subject to impeachment by the legislature for malfeasance or misfeasance in the performance of official duties. Impeachment shall originate in the senate and shall be approved by a two-thirds vote of its members. The motion for impeachment must list ful…
AS 22.05.130 Restrictions.
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A supreme court justice 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 justice, nor may a justice hold…
AS 22.05.140 Compensation.
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(a) Except as provided in (d) of this section, the monthly base salary of the chief justice is $13,808, and for each other justice, the monthly base salary is $13,767. (b) A salary disbursement may not be issued to a justice of the supreme court until the justice has filed with t…
AS 22.05.150 [Renumbered as AS 22.20.300.]
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[Repealed or reserved.]
AS 22.05.160 Recording districts. [Repealed, § 4 ch 118 SLA 1976. For current law, see AS 44.37.020(b) and 44.37.025.]
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[Repealed or reserved.]
AS 22.07.010 Establishment.
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There is established the court of appeals, consisting of four judges. The court of appeals is a court of record.
AS 22.07.020 Jurisdiction.
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(a) The court of appeals has appellate jurisdiction in actions and proceedings commenced in the superior court involving (1) criminal prosecution; (2) post-conviction relief; (3) matters under AS 47.12, including waiver of jurisdiction over a minor under AS 47.12.100; (4) extradi…
AS 22.07.030 Review by supreme court.
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A party may apply to the supreme court for review of a final decision of the court of appeals in accordance with AS 22.05.010 and rules adopted by the supreme court. Review is in the discretion of the supreme court as set out in AS 22.05.010(d). In this section, “final decision” …
AS 22.07.040 Qualifications of judges.
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A judge of the court of appeals shall be a citizen of the United States and of the state, a resident of the state for five years immediately preceding appointment, have been engaged for not less than eight years immediately preceding appointment in the active practice of law, and…
AS 22.07.050 Oath of office.
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Each judge of the court of appeals, upon entering office, shall take and subscribe to the oath or affirmation of office required of all officers under the constitution.
AS 22.07.060 Approval or rejection.
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Each judge of the court of appeals 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 information to the public about the judge and may pro…
AS 22.07.070 Vacancies.
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(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of judge of the court of appeals within 45 days after receiving nominations from the judicial council, by appointing one of two or more persons nominated by the council for eac…
AS 22.07.075 Impeachment.
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A judge of the court of appeals 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…
AS 22.07.080 Restrictions.
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A judge of the court of appeals while holding office may not practice law, or 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 h…
AS 22.07.090 Compensation.
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(a) Except as provided in (c) of this section, the monthly base salary of a judge of the court of appeals is $13,007. The compensation of a judge may not be diminished during the term of office, unless by a general law applying to all salaried officers of the state. (b) A salary …
AS 22.07.100 Process.
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Process of the court of appeals shall be in the name of the State of Alaska, signed by the clerk of the court or the deputy clerk, dated when issued, sealed with the seal of court, and made returnable according to rule prescribed by the supreme court.
AS 22.10.010 Establishment of superior court.
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There shall be one superior court for the state. The court shall consist of four districts bounded as follows: First District: the area within election districts numbered one to six, both inclusive, as those districts are described in art. XIV of the state constitution on March 1…
AS 22.10.020 Jurisdiction of the superior court.
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(a) The superior court is the trial court of general jurisdiction, with original jurisdiction in all civil and criminal matters, including probate and guardianship of minors and incompetents. Except for a petition for a protective order under AS 18.66.100 — 18.66.180, an action t…
AS 22.10.025 Powers of superior court in action for divorce, separation, or child support.
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(a) The superior court, in an action for divorce, separation, or child support affecting inalienable stock in a corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), may order the stock transferred to the spouse, a child, or a guardian or custo…
AS 22.10.030 Where actions are to be brought.
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Venue for all actions shall be set under rules adopted by the supreme court.
AS 22.10.040 Change of venue.
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The superior court in which the action is pending may change the place of trial in an action from one place to another place in the same judicial district or to a designated place in another judicial district for any of the following reasons: (1) when there is reason to believe t…
AS 22.10.050 General powers and sessions.
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The superior court shall always be open, except on judicial holidays as determined by rule of the supreme court. Injunctions, writs of prohibition, mandamus, and habeas corpus may be issued and served on holidays and nonjudicial days. The superior court is a court of record and i…
AS 22.10.060 Effect of adjournment.
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An adjournment from day to day, or from time to time, is a recess in the session, and does not prevent the court from sitting at any time.
AS 22.10.070 Seal of court. [Repealed, § 2 ch 64 SLA 1974. For current law, see AS 22.05.060.]
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[Repealed or reserved.]
AS 22.10.080 Process.
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Process of the superior court shall be in the name of the State of Alaska, signed by the clerk of the court or the deputy clerk in the judicial district where the process is issued, dated when issued, sealed with the seal of the court, and made returnable according to rule prescr…
AS 22.10.090 Qualifications of judges.
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A judge of the superior court shall be a citizen of the United States and of the state, a resident of the state for five years immediately preceding appointment, have been engaged for not less than five years immediately preceding appointment in the active practice of law, and at…
AS 22.10.100 Vacancies.
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(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of superior court 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 …
AS 22.10.110 Oath of office.
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Each superior court judge, 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 as may be prescribed by law.
AS 22.10.120 Number of judges.
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The superior court consists of 45 judges, six of whom shall be judges in the first judicial district, three of whom shall be judges in the second judicial district, 28 of whom shall be judges in the third judicial district, and eight of whom shall be judges in the fourth judicial…
AS 22.10.130 Appointment and duties of presiding judges.
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The chief justice of the supreme court shall designate a presiding judge for each district. The presiding judge shall, in addition to regular judicial duties, (1) assign the cases pending to the judges made available within the district; (2) supervise the judges and their court p…
AS 22.10.140 Chief justice may assign superior court judges.
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The chief justice may assign a superior court judge and that judge's court personnel for temporary duty from time to time not to exceed 90 days annually anywhere in the state except to permit completion of hearings in progress. A judge may be temporarily assigned for longer and a…
AS 22.10.150 Approval or rejection.
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Each superior 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 22.10.160 Incapacity. [Repealed, § 3 ch 213 SLA 1968.]
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[Repealed or reserved.]
AS 22.10.170 Impeachment.
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A superior court judge is subject to impeachment by the legislature for malfeasance or misfeasance in the performance of official duties. Impeachment shall originate in the senate and must be approved by two-thirds vote of its members. The motion for impeachment must list fully t…
AS 22.10.180 Restrictions.
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A superior court 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 offi…
AS 22.10.190 Compensation.
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(a) Except as provided in (d) of this section, the monthly base salary for each superior court judge is $12,730. (b) A salary disbursement may not be issued to a superior court judge until the judge has filed with the state officer designated to issue salary disbursements an affi…
AS 22.15.010 Establishment of the district court of the State of Alaska.
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There is established a district court of the State of Alaska for each of the four judicial districts of the superior court of this state.