Judicial Branch
Alaska Court System
"All courts of justice below the federal level are considered state courts, even though many of them serve only local areas and may be called county or city courts. Federal judges are all appointed, but in about three fourths of the states judges are elected by popular vote. In some states judicial candidates run on a nonpartisan ballot.The chief justice of the Alaska Supreme Court is the administrative head of all courts. An administrative director is appointed by the chief justice with the approval of the Supreme Court. The administrative director supervises the administrative operations of the judicial system.
There are four levels of state court in Alaska: the Supreme Court, the Court of Appeals, the Superior Court, and the District Court as established in the Alaska Constitution. The District Court was established by state statute in 1959. The Court of Appeals, a three-judge panel, was established by state statute in 1980.
The Alaska Supreme Court is the highest level of state court in Alaska and has a chief justice and four associate justices. An appeal may be taken to the Supreme Court from a final judgment entered by the Superior Court in any civil action or proceeding. In criminal actions (and in certain quasi-criminal matters, like juvenile delinquency cases), the Supreme Court has the discretion to accept or deny litigant requests that it review decisions made by the Court of Appeals. The Supreme Court may assume jurisdiction over a case pending before the Court of Appeals if the Court of Appeals certifies that the case involves a significant question of constitutional law or an issue of substantial public interest. The Court of Appeals has the authority to hear appeals from judgment in criminal cases and cerain other quasi-criminal cases in which a minor is accused of committing a crime. The Court of Appeals also hears appeals of habeas corpus and cases involving probation and parole decisions.
The Alaska Constitution grants the Supreme Court power to establish rules governing the administration af all courts in the state and rules governing practice and procedure in civil and criminal cases. The Supreme Court has also adopted rules governing the practice of law in the State of Alaska, rules governing practice and procedure in children's matters, rules of probate procedure, and rules of appellate procedure. The Alaska Legislature may change rules governing the practice and procedure by an act expressing its intent to do so that is passed by a two-thirds majority of the House of Representatives and the Senate.
Criminal appeals from the District Court can be taken to the Superior Court or to the Court of Appeals, at the option of defendant. A defendant who appeals a case from District Court to Superior Court can ask the Court of Appeals to reveiw the resulting decision on the Superior Court, but the Court of Appeals may, at its discretion, refuse to hear the appeal.
Alaska's trial courts are the Superior Court and the District Court. The Superior Court is the trial court of general jurisdiction with original jurisdiction in all civil and criminal matters. The Superior Court serves as an appellate court for appeals from the District Court. Appeals to the Superior Court from final judgement of the District Court are a matter of right. The Superior Court has the exclusive power to hear all domestic relations matters (for example, divorces and dissolutions), cases involving children who have committed crimes or who are abused or neglected, cases involving the property of dead persons or incompetent persons, and cases involving the involuntary commitment of persons in institutions for the mentally ill.
The chief justice designates a superior court judge from each of Alaska's four judicial districts to serve as presiding judge for that district for a term of one year. The presiding judge, in addition to his regular judicial duties, is responsible for the administration of trial courts within that district, including the assignment of cases, the supervision of court personnel, the efficient handling of court business and the appointment of the magistrates.
Alaska does not have a separate division of court called "juvenile court" or family court." Cases involving criminal offenses committed by juveniles and cases involving abused, neglected, or abandoned children are heard in the Superior Court. However, different court procedures are followed in these cases, as is required by state statute. State statutes require that juvenile proceedings be kept confidential and restrict the period of time that a judge can order a juvenile held in custody for two years.
The Alaska Constitution provides that the Legislature shall establish such lower or inferior courts as may be necessary. The Legislature has created a District Court for each judicial district, and has granted to the Supreme Court the power to increase or decrease the number of District Court judges within each judicial district.
In criminal matters, the District Court has jurisdiction over all state misdemeanor violations and violations of city and borough ordinances. The judge may issue summonses, arrest warrants and search warrants, and conduct first appearance and preliminary hearings in felony cases.
In civil matters, the District Court judge may hear cases for recovery of money or damages not exceeding $50,000 and for recovery of specific personal property when the value claimed does not exceed $50,000. In motor vehicle accident cases, the civil jurisdiction in District Court is $50,000. A District Court judge may handle small claims actions up to $5,000, and may temporarily detain juveniles in emergency situations. The criminal and civil jurisdiction of the District Court extends over the whole of the State.
The District Court judge may perfom such other tasks as issuing absentee ballots in some areas of the state and recording vital statistics. The judge also serves as coroner, holds inquests, and acts as a temproary caregiver of the property of deceased persons.
In the smaller, generally rural areas of the state, where the services of the full-time District Court judge are not required, magistrates preside over some district court matters. Magistrates also serve in some metropolitan areas to handle routine matters and ease the load of the District Court.
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ALL Text by: Handbook on Alaska State Government
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