Highest Court
The highest court in Alaska is the Supreme
Court of Alaska. The Supreme Court consists of 5 justices. It has
jurisdiction over (1) Appeals, as a matter of right from final judgments.
(2) Discretionary review of decisions of court of appeals. (3) Discretionary
review of any order or decision not appealable. (4) Criminal cases
appealed by state only for testing sufficiency or indictment or leniency
of sentence. (5) Sentence review.
Intermediate Courts
Court Of Appeals
The Court of Appeals consists of
3 judges. It has jurisdiction over (1) Appeals for judgment in criminal
cases, cases involving probation and parole, and juvenile delinquency actions.
(2) Discretionary review of district court criminal appeals to supreme
court.
General Courts
Superior Court
The Superior Court consist of 32
judges. It has jurisdiction over (1) Original jurisdiction in all
civil. Exclusive jurisdiction in domestic relations, probate, guardianship,
and civil commitments. (2) Original jurisdiction in all criminal.
(3) Exclusive jurisdiction in juvenile cases and appeals on record unless
trial de novo granted.
Jury trials.
Limited Courts
District Court
The District Court consist of 18
judges. It has jurisdiction over (1) Civil actions up to $50,000
and small claims up to $7,500. (2) Misdemeanors, ordinance violations,
and felony preliminaries.
Jury trials
Magistrate Court
The Magistrate consist of 39 full
and part-time magistrates. It has jurisdiction over (1) Civil actions
under $7,500. (2) Small claims up to $7,500. (3) Misdemeanors,
ordinance violations, and felony preliminaries.
No jury trials are overseen by this
court.
Additional Information:
Supreme Court Vacancies
Vacancies that are created by the
occurrence of an actual vacancy, the certification of rejection after an
election, or an election following failure of a justice to file a declaration
of candidacy shall be filled in the manner detailed in Section 22.05.080
of the Alaska Statutes. As pertaining to the mentioned statute, the
judicial council shall meet within 90 days and submit to the governor the
names of two of more qualified people, however, this 90 day period may
be extended by the council with the concurrrence of the supreme court.
The judicial council shall then submit the nominations to the governor.
The governor shall fill the vacancy or appoint a successor within 45 days
after receiving the nominations.
Impeachment
According to Section 22.05.120 of
the Alaska Statutes, a supreme court justice may be impeached for malfeasance
or misfeasance in the performance of official duties. The impeachment
of a supreme court justice originates in the senate and must be approved
by a 2/3 vote. The motion for impeachment must detail the reason for the
proceeding. The impeachment trial shall occur within the house of
representatives and shall be presided by a supreme court justice designated
by the court. For the supreme court justice to be impeached, a concurrence
of two-thirds of the members of the house is required. The judgment
may not extend beyond removal from office, however, the judgment does not
prevent proceedings in the courts on the same or related charges.
Restrictions Regarding Court
of Appeals Judge
A judge of the court of appeals
may not practice law, engage in any conduct of any profession, vocation,
or business that would interfere with their judicial performance.
A court of appeals judge may not hold office in a political party or any
other type of office or position of profit under the United States, the
state, or its political subdivisions. A judge of the court of appeals
forfeits his/her judicial position when filing for another elective public
office other than as a delegate to a state related or national constitutional
convention. (Section 22.07.080 of the Alaska Statutes)
Venue
The venue for all actions shall
be set under rules adopted by the supreme court of the state of Alaska.
(Section 22.10. 030 of the Alaska Statutes)
Small Claims (Sec. 22.15.040)
A claim of relief that does not
exceed $7500 (excluding costs, interest, and attorney fees) shall be heard
by the district judge or magistrate as a small claim action, unless important
or unusual points of law are involved or if the state is a defendant.
The Department of Labor and Workforce
Development may bring an action as a small claim under this statutes for
wages under Alaska Statutes 23.05.220, for an amount not to exceed $20000
(excluded costs, interest, and attorney fees).
To assure simplicity and expeditious
handling of all small claims, the supreme court shall prescribe the procedural
rules and standard forms to be used. Also, all potential small claim
litigants shall be informed if mediation, conciliation, and arbitration
services are available as an alternative to litigation.
Criminal Jurisdiction
According to the Alaska Statutes,
Section 22.15.060, the district court has jurisdiction over the following
crimes and areas: (1) a misdemeanor, unless otherwise provided in
this chapter (2) a violation of an ordinance of political subdivision (3)
violation of AS 04.16.050 or AS 11.76.105 (4) to provide post-conviction
relief under the Alaska Rules of Criminal Procedure, if the conviction
occurred in -the district court.
Such as the criminal jurisdiction
of the district courts and the superior court is the same, such jurisdiction
is concurrent.
Qualifications of District Judges
and Magistrates
The qualifications of district judges
and magistrates are outlined in Alaska Statutes, Section 22.15.160.
The qualifications for a district judge are as follows : (1) A citizen
of the United States and Alaska, (2) at least 21 years of age, (3) a resident
of Alaska for at least 5 years immediately preceding appointment, (4) Engaged
in the active practice of law for at least 3 years immediately preceding
appointment and at the time of appointment be licensed to practice
law in the State of Alaska OR have served for at least seven years
as a magistrate in the state.
A magistrate must (1) be a citizen
of the United States and Alaska, (2) be at least 21 years of age, (3) A
resident of the state for at least 6 months immediately preceding appointment.
The supreme court has the power
to prescribe additional qualifications for both the district judges and
magistrates.
