Unit One: Who's the Boss?

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 entire Supreme Court. The administrative director supervises the operations of the judicial system.

The Alaska Legislature may change rules governing 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.

The Supreme Court and the Court of Appeals are appellate courts, while the superior and district courts are trial courts. The Supreme Court and the Superior Court were 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 Supreme Court hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. The court prefers to hear argument in the city where the case was heard in the trial court.

As befits its name, the Supreme Court has final state appellate jurisdiction in civil and criminal matters:

• The Supreme Court must accept appeals from final decisions by the Superior Court in civil cases (including cases which originated in administrative agencies).
• The Supreme Court may exercise its discretion to accept criminal appeals from decisions of the Court of Appeals or upon certification from the Court of Appeals that the case involves a significant question of constitutional law or an issue of substantial public interest.
• The court also can hear matters in which relief is not otherwise available, including bar admission and attorney discipline matters, and questions of state law certified from the federal courts.

Criminal appeals from the District Court can be taken to the Superior Court or to the Court of Appeals, at the option of the defendant. A defendant 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.

In January of each year, the chief justice of the Supreme Court designates a Superior Court judge from each of Alaska's four judicial districts to serve as presiding judge for a term of one calendar year. The presiding judge, in addition to regular judicial duties, is responsible for the administration of the trial courts within the district, including assignment of cases, supervision of court personnel, efficient handling of court business and appointment of magistrates.

The Superior Court has the authority to hear all cases, both civil and criminal, properly brought before the state courts (with the very limited exception of matters taken directly to the Supreme Court). However, the Superior Court does not routinely hear cases which may be brought in the District Court (a court of limited jurisdiction).

The Superior Court hears appeals from civil and criminal cases which have been tried in the District Court; cases involving children who have committed crimes or who are abused or neglected; cases involving the property of deceased or incompetent persons; and all cases involving domestic relations.

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. The law requires that juvenile proceedings be kept confidential and restricts the period of time that a judge can order a juvenile held in custody to two years.

A District Court judge may:

• hear cases involving state misdemeanors and violations of municipal ordinances
• issue summonses and warrants
• handle first appearances and preliminary hearings in felony cases
• record vital statistics in some areas of the state
• hear civil cases with disputes involving up to $50,000
• hear small claims cases ($7,500 maximum)
• handle cases involving children, on an emergency basis
• hear domestic violence cases.

The District Court judge may perform 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 temporary 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 workload of the District Court. They are appointed by the presiding judge of the judicial district.

Each Supreme Court justice and each Court of Appeals judge is subject to approval or rejection by a majority of voters statewide on a nonpartisan ballot at the first general election held more than three years after appointment. Thereafter, each justice must face a retention election every 10 years, and each Court of Appeals judge must stand for retention every eight years.

Each Superior Court judge is subject to approval or rejection by the voters in the judge's judicial district at the first general election held more than three years after appointment. Thereafter, the judge is subject to approval or rejection every sixth year.

Each District Court judge must run in a retention election in his or her judicial district at the first general election held more than two years after appointment, and then every fourth year thereafter. State laws that require judges to participate in retention elections do not apply to magistrates.