AS Title 22, Chapter 20: Judicial Officers, Employees, and Council; Attorneys

Chapter 20. Judicial Officers, Employees, and Council; Attorneys. Article 1. Judicial Officers. Sec. 22.20.010. Judicial officer defined. 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. Sec. 22.20.020. Disqualification of judicial officer for cause. (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 officer or the spouse of the judicial officer, individually or as a fiduciary, or a child of the judicial officer has a direct financial interest in the matter; (5) a party, except the state or a municipality of the state, has retained or been professionally counseled by the judicial officer as its attorney within two years preceding the assignment of the judicial officer to the matter; (6) the judicial officer has represented a person as attorney for the person against a party, except the state or a municipality of the state, in a matter within two years preceding the assignment of the judicial officer to the matter; (7) an attorney for a party has represented the judicial officer or a person against the judicial officer, either in the judicial officer's public or private capacity, in a matter within two years preceding the filing of the action; (8) the law firm with which the judicial officer was associated in the practice of law within the two years preceding the filing of the action has been retained or has professionally counseled either party with respect to the matter; (9) the judicial officer feels that, for any reason, a fair and impartial decision cannot be given. (b) A judicial officer shall disclose, on the record, a reason for disqualification specified in (a) of this section at the commencement of a matter in which the judicial officer participates. The disqualifications specified in (a)(2), (a)(5), (a)(6), (a)(7), and (a)(8) of this section may be waived by the parties and are waived unless a party raises an objection. (c) If a judicial officer is disqualified on the officer's own motion or consents to disqualification, the presiding judge of the district shall immediately transfer the action to another judge of that district to which the objections of the parties do not apply or are least applicable and if there is no such judge, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. If a judicial officer denies disqualification the question shall be heard and determined by another judge assigned for the purpose by the presiding judge of the next higher level of courts or, if none, by the other members of the supreme court. The hearing may be ex parte and without notice to the parties or judge. Sec. 22.20.022. Peremptory disqualification of a judge. (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, shall at once, and without requiring proof, assign the action to another judge of the appropriate court in that district, or if there is none, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. The affidavit must contain a statement that it is made in good faith and not for the purpose of delay. (b) A judge or court may not punish a person for contempt for making, filing, or presenting the affidavit provided for in this section, or a motion founded on the affidavit. (c) The affidavit shall be filed within five days after the case is at issue upon a question of fact, or within five days after the issue is assigned to a judge, whichever event occurs later, unless good cause is shown for the failure to file it within that time. (d) A party or a party's attorney may not file more than one affidavit under this section in an action and no more than two affidavits in an action. Sec. 22.20.030. Powers of judicial officers. 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 provided by law; (3) compel the attendance of persons to testify in a pending proceeding in the cases and manner provided by law; (4) administer oaths in a proceeding pending before the court and in all other cases where it may be necessary in the exercise of the powers and the performance of the duties of the judicial officer; (5) take and certify the proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged; (6) take and certify the acknowledgment of satisfaction of a judgment in any court; (7) take and certify an affidavit or deposition to be used in any court of justice or other tribunal of the state. Sec. 22.20.035. Powers of judicial employees. 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. Sec. 22.20.037. Employment of judicial employees. (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 provided by law, all employees of the Alaska Court System and the judicial council are subject to the general state laws regarding leave, retirement, and travel. (b) This section does not deprive employees of the judiciary of the right to participate in the state employees retirement system, a group insurance plan, or any other program, benefits, or rights provided by law or personnel rule for state employees in the classified service. (c) The administrative director of the Alaska Court System shall conduct a salary survey annually to ensure that employees of the Alaska Court System receive salaries consistent with those paid to employees in the classified and partially exempt state service. (d) The administrative director of the Alaska Court System shall file a travel and compensation report with the legislature by January 31 of each year. The report must contain detailed information for the previous calendar year of the salaries, per diem, travel expenses, relocation expenses, and any additional allowances for (1) each justice of the supreme court; (2) each judge of the court of appeals; and (3) the administrative director of the Alaska Court System. Article 2. Attorneys. Sec. 22.20.040. Appearance. (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 the corporation's appearance by an attorney has been explicitly made by law. (b) When a party appears by attorney, the written proceedings shall be in the name of the attorney, who is the sole representative of the client as between the client and the adverse party. Sec. 22.20.050. Authority to bind client, receive money or property, and give discharge. (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 during its pendency, or within three years after judgment, and, upon the payment or delivery of it, discharge the claim or acknowledge satisfaction of the judgment. (b) However, this section does not prevent a party from employing a new attorney to issue execution upon a judgment, or to take the other proceedings prescribed by law for its enforcement, and when the party does so the authority of the former attorney ceases. Sec. 22.20.060. Appearance of attorney without authority. 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 attorney has assumed to appear from the consequences of the attorney's act. Sec. 22.20.070. Requiring proof of authority. 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 the party for whom the attorney assumes to appear. Sec. 22.20.080. Compelling attorney to deliver over money or papers. 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 show cause why punishment for a contempt should not be imposed on the attorney. Sec. 22.20.090. Court order to deliver over money or papers. 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 directed, to satisfy the lien when determined in an action; (2) summarily inquire into the facts on which the claim of a lien is founded, and determine it; or (3) direct the trial of the controversy by a jury, or refer it, and upon the verdict or report determine it as in other cases. Article 3. Commissioner of Public Safety. Sec. 22.20.100. Duty of the commissioner in the supreme court. 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. Sec. 22.20.110. Duty of the commissioner in the court of appeals, the superior court, and district courts. 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; attend the sessions of the courts; and exercise the power and perform the duties concerning all matters within the jurisdiction of the courts as may be assigned. The commissioner is the executive officer of the court of appeals, the superior court, and district courts. Sec. 22.20.120. General authority and duty of the commissioner. 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 of the state issuing any process may direct the process for execution of service to the commissioner or the designee of the commissioner. Sec. 22.20.130. Assistance for commissioner. (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 acts of all persons designated under this subsection. The persons designated under this subsection have the same authority and duty granted to the commissioner and are subject to orders of the courts of the state in the same manner as the commissioner. They are responsible to the commissioner and to the courts, and shall be executive officers of the courts. In order to be designated under this section, the commissioner may require the person to submit the person's fingerprints and the fees required under AS 12.62.160 for criminal justice information and a national criminal history record check. The commissioner may obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . (b) The commissioner has the responsibility of providing sufficient personnel to effectively execute the authority and duty vested by AS 22.20.100 — 22.20.140, and shall adopt the necessary regulations within the Department of Public Safety for the efficient direction, control, and discipline of the members designated by the commissioner under this section. Sec. 22.20.140. Definitions. 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. Article 4. Judicial Council. Sec. 22.20.200. DNA evidence information. 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; (4) the office of public advocacy. Sec. 22.20.210. Staff and support for criminal justice commission. Sec. 22.20.211. Staff and support for Alaska Criminal Justice Data Analysis Commission. The judicial council shall provide staff and administrative support to the Alaska Criminal Justice Data Analysis Commission established in AS 44.19.641 . Sec. 22.20.220. Prison inmate characteristics information Sec. 22.20.221. Prison inmate characteristics information. (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 primary crime prevention strategies in the state. Under the project, the Department of Corrections shall transmit information about offenders sentenced to serve terms of incarceration of 30 days or more, and the judicial council shall analyze the information and provide to the legislature the judicial council's conclusions and recommendations in the report required under (b) of this section. The judicial council shall, in consultation with the Justice Center at the University of Alaska, the Department of Corrections, and other relevant entities or state agencies, create a list of the types of information and inmate characteristics the Department of Corrections shall collect for the project and may revise the list when necessary to meet project goals. The information may include data relating to adverse childhood experiences, mental health and substance abuse history, education, income, and employment of inmates. The Department of Corrections shall adopt policies establishing procedures for collecting the information identified in the list required under this subsection and providing the information to the judicial council. The procedures may provide for the collection of the information as part of the risk assessment program established under AS 33.30.011 (a)(7). In this subsection, “primary crime prevention” means intervention programs and strategies designed to reduce crime risk factors among the general population and prevent crime from happening. (b) The judicial council shall prepare an annual report summarizing the information collected and analyzed under (a) of this section. The judicial council shall (1) provide a summary in the form of tables, charts, graphs, or other formats that are easily understood; (2) include a review of the data and the judicial council's interpretations, findings, and conclusions related to the information collected; (3) describe any changes in the types of information collected during the preceding fiscal year; (4) make the report required under this subsection available to the public; the judicial council may not publish or present individually identifiable information relating to an inmate; (5) include, when possible, information from the previous fiscal year, comparisons to previous fiscal years, and cumulative information; (6) not later than February 14 of each year, submit the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available; and (7) present the summary and analysis to the legislature within 10 days after the convening of the next regular session of the legislature following the submission of the report. Article 5. Administrative Director. Sec. 22.20.300. Administrative director. 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. Sec. 22.20.310. Court system report. 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 include (1) a profile of the Alaska Court System and its justices, judges, and magistrates; (2) a summary description of the administration of the court system, including detailed descriptions of its facilities, programs, and personnel; (3) average, mean, minimum, and maximum time periods between initial receipt and final disposition of cases classified by courts and by each justice, judge, and magistrate; (4) information identifying each justice, judge, or magistrate who has had salary withheld under the authority of AS 22.05.140 (b), AS 22.07.090 (b), AS 22.10.190 (b), or AS 22.15.220 (c) and the number of times and the time periods of the occurrences; (5) other information and data relevant to aiding the public and the legislature in understanding the organization, administration, caseload, disposition of cases, and accomplishments of the court system; (6) the travel expenses and per diem for each justice, judge, or magistrate for the previous calendar year. Sec. 22.20.320. Information systems guidelines and plan. 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 telecommunications information guidelines and plan adopted by the commissioner under AS 44.21.350 — 44.21.390 and must be adapted to the special needs of the judicial branch as determined by the administrator of the Alaska Court System. Article 6. Public Administrators. Sec. 22.20.410. Appointment. 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. Sec. 22.20.420. Administration of decedents' estates. 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 shall be issued to the public administrator when (1) administration of a decedent's estate is required by law, and (2) a period of 30 days has elapsed from the date of death with no letters testamentary or letters of administration having been applied for and issued to any other person entitled by law to administer the estate of the deceased person. Except as otherwise provided in AS 22.20.410 — 22.20.440, a public administrator shall administer estates as other administrators, and has all the rights and authority, and is subject to all the duties and liabilities of other administrators. Sec. 22.20.430. Bond. 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 be paid by the court system. Sec. 22.20.440. Compensation. 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.