The Alaska Court System is the unified, centrally administered, and totally state-funded
judicial system
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
for the
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
of
Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...
. The Alaska District Courts are the primary
misdemeanor trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s, the Alaska Superior Courts are the primary
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
trial courts, and the
Alaska Supreme Court
The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. The Alas ...
and the
Alaska Court of Appeals
The Alaska Court of Appeals is an intermediate court of appeals for criminal cases in the State of Alaska's judicial department ( Alaska Court System), created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden ...
are the primary
appellate courts
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
. The chief justice of the Alaska Supreme Court is the administrative head of the Alaska Court System.
Courts
![Anchorage in February](https://upload.wikimedia.org/wikipedia/commons/0/0c/Anchorage_in_February.jpg)
Alaska has four levels of
state courts:
* the
supreme court;
* the
court of appeals
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
;
* the superior courts; and
* the district courts.
The district courts are the primary
misdemeanor trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s, the superior courts are the primary
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
trial courts although they also sometimes hear
appeals
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
from the district courts, and the supreme court and the court of appeals are the primary
appellate courts
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
.
Alaska is separated into 4 judicial districts.
Supreme Court
The
Alaska Supreme Court
The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. The Alas ...
is the
state supreme court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in b ...
. The supreme court is composed of the
chief justice and four associate
justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
. They choose one of their own members to serve a three-year term as chief justice.
The decisions of the Alaska Supreme Court are binding on all other Alaska
state courts, and the only other courts that may reverse or modify those decisions are the
United States federal courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
. The Supreme Court hears
appeals
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
from lower state courts and also administers the state's judicial system. The Alaska Supreme Court is required to hear appeals in civil cases in the first instance and is not able to exercise its discretion whether to consider appeals previously heard by other appellate courts.
Court of Appeals
![Rabinowitz Courthouse Fairbanks Alaska](https://upload.wikimedia.org/wikipedia/commons/7/76/Rabinowitz_Courthouse_Fairbanks_Alaska.jpg)
The
Alaska Court of Appeals
The Alaska Court of Appeals is an intermediate court of appeals for criminal cases in the State of Alaska's judicial department ( Alaska Court System), created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden ...
is an intermediary court of appeals for criminal cases, and is composed of a chief judge and two associate judges. The chief judge of the court of appeals is selected from among the three by the
chief justice of the supreme court to serve a two-year term. The court of appeals has
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
to hear appeals from judgments in
criminal cases and certain other quasi-criminal cases in which a minor is accused of committing a crime (
juvenile delinquency cases), cases in which
prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, corre ...
ers are challenging the legality of their confinement (
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
and post-conviction relief matters), and cases involving
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
and
parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
decisions. Also, a
defendant in a criminal case who appeals from district court to superior court can ask the court of appeals to review the resulting decision of the superior court, but the court of appeals may, in its discretion, refuse to hear the appeal.
Superior courts
The Alaska superior courts are the
trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s of
general jurisdiction
{{Globalize, article, USA, 2name=the United States, date=December 2010
A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth.
United States
All federal courts ar ...
.
The court hears appeals from the district court.
District courts
![Homer Courthouse August 17, 2010](https://upload.wikimedia.org/wikipedia/commons/5/50/Homer_Courthouse_August_17%2C_2010.jpg)
The Alaska district courts are lower trial courts that can hear
misdemeanor criminal cases and civil cases where the amount in controversy is less than $100,000. They have historically been Alaska's busiest courts. District court judges also issue
arrest warrants and
search warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
s and handle
arraignments, and may also serve as
coroners, hold
inquests, and record vital statistics. In 1992 there were 17 statewide.
Magistrate courts
Magistrates may issue writs, marriage licenses, summonses, arrest and search warrants, and notarizations. They may also handle preliminary proceedings in criminal cases.
Administration
The chief justice of the Alaska Supreme Court is the administrative head of the Alaska court system. An administrative director is appointed by the chief justice with concurrence of the supreme court. The director supervises the administration of all courts in the state. Rules governing the administration of all courts and the rules of practice and procedure for civil and criminal cases are promulgated by the supreme court. The
Alaska legislature
The Alaska Legislature is the state legislature of the U.S. state of Alaska. It is a bicameral institution consisting of the 40-member Alaska House of Representatives (lower house) and the 20-member Alaska Senate (upper house). There are 40 Ho ...
may change the court's procedural rules by passing an act expressing its intent to do so by a two-thirds majority of both houses.
The
Alaska Bar Association
The Alaska Bar Association is a mandatory bar association responsible for the Alaska Supreme Court and for the admission and discipline process of attorneys for the state of Alaska.
Governance
The association is governed by a Board of Governo ...
is the mandatory association responsible for the admission and discipline process of attorneys and administering the bar examination. It is responsible to the
Alaska Supreme Court
The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. The Alas ...
. It is governed by a board of governors with nine attorneys and three public members.
The Alaska Judicial Council nominates judges for vacancies after accepting applications and surveying Alaska Bar Association members to assess each candidate. The Alaska Judicial Council also solicits opinions from Alaska Bar Association members, police officers, and probation officers concerning judges in retention elections and publish recommendations that appear in voter pamphlets.
The Alaska Commission on Judicial Conduct makes recommendations regarding disqualification, suspension, removal, retirement, and censure of judges. It is composed of 3 judges appointed by judges, 3 lawyers appointed by the Alaska Bar Association, and 3 citizens appointed by the governor and confirmed by the legislature.
In addition, the office of the clerk of the appellate courts supports the work of the supreme court and the court of appeals. The clerk is required to be an attorney. The clerk's responsibilities include monitoring the caseflow through the supreme court and the court of appeals and making recommendations for improvements in appellate procedure. The clerk is also responsible for all case filing and calendaring, publishing opinions, and related tasks. The clerk's office is located in
Anchorage, and deputy clerks are located in
Juneau
The City and Borough of Juneau, more commonly known simply as Juneau ( ; tli, Dzánti K'ihéeni ), is the capital city of the state of Alaska. Located in the Gastineau Channel and the Alaskan panhandle, it is a unified municipality and the s ...
, Anchorage, and
Fairbanks. Marilyn May was appointed clerk of the appellate courts in October 1998.
Officers
Judges
Alaska uses a
Missouri Plan merit selection system for judges and justices. The
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
appoints a justice or judge from a list of qualified candidates submitted by the
Alaska Judicial Council. The governor has 45 days from receipt of the list to make the appointment. All judges and justices in Alaska must stand for judicial
retention election
A judicial retention election (or retention referendum) is a periodic process in some jurisdictions whereby a judge is subject to a referendum held at the same time as a general election. The judge is removed from office if a majority of votes ar ...
s (approval by the voters) on a nonpartisan ballot at the first statewide general election held more than three years after appointment (two for District Court judges), and periodically thereafter. Magistrates are appointed by the presiding superior court judge of a judicial district.
History
The supreme court and the superior courts were established in the
Alaska constitution, which took effect upon statehood in 1959. Later that year, the
Alaska legislature
The Alaska Legislature is the state legislature of the U.S. state of Alaska. It is a bicameral institution consisting of the 40-member Alaska House of Representatives (lower house) and the 20-member Alaska Senate (upper house). There are 40 Ho ...
created a district court for each judicial district and granted power to the supreme court to increase or decrease the number of district court
judges. In 1980, to ease the appellate burden on the supreme court, the legislature created a court of appeals.
See also
*
Law enforcement in Alaska
This is a list of law enforcement agencies in the state of Alaska.
According to the US Bureau of Justice Statistics' 2008 ''Census of State and Local Law Enforcement Agencies,'' the state had 50 law enforcement agencies employing 1,298 sworn po ...
References
External links
Alaska Court SystemNational Center for State Courts*
{{Alaska
Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...