Wherever practicable the Rules of Criminal Procedure shall apply to criminal actions within the jurisdiction of the district courts.
(a) Commencement of Actions. A criminal action is commenced by the filing of a complaint. Rules 3 and 4, Rules of Criminal Procedure, apply to a complaint filed in the district court and to the issuance of a warrant or summons. When a complaint is made by any person other than a peace officer, no judgment of conviction may be given except upon a guilty plea unless the person making the complaint, or the person injured by the offense charged, appears at the trial as a witness.
(b) Arraignment and Plea. When the defendant is brought before the district judge or magistrate the complaint shall be read to the defendant, and the defendant shall be furnished a copy of the complaint. The defendant may appear by use of telephonic or television equipment pursuant to Criminal Rules 38.1 and 38.2.
The district judge or magistrate shall inform the defendant
(1) of the right to counsel;
(2) of the right to have counsel appointed at public expense if the defendant could
(i) be sentenced to jail, or
(ii) suffer the loss of a valuable license, or
(iii) suffer a heavy enough fine to indicate criminality;
(3) of the right to be admitted to bail;
(4) that the defendant is not required to make a statement;
(5) that any statement made by the defendant may be used against the defendant;
(6) that if the defendant is charged by the State of Alaska the defendant may demand to be tried before a district judge;
(7) unless the case is a minor offense governed by District Court Criminal Rule 8, that the defendant may peremptorily disqualify the district judge or magistrate to whom the case is assigned pursuant to AS 22.20.022.
(c) Trial. The date of the trial shall be fixed by the district judge or magistrate at such time as will afford the defendant a reasonable opportunity for preparation. The trial shall be conducted as are trials in criminal cases in the superior court.
(d) Trial by Jury - Waiver. The manner of drawing juries shall be as provided by AS 09.20.040 - 09.20.090. Waiver by the defendant of jury trial need not be in writing, but shall be made in open court, and the district judge or magistrate shall make a proper notation thereof in the record of the proceedings.
(e) Change of Venue. All applications for a change of place of trial in the cases provided by AS 22.15.080 shall be by motion, either orally or in writing, specifying the particular grounds therefor, made to the district judge or magistrate prior to the date of the trial, and upon such notice to the prosecuting attorney as the court finds necessary. In the event that a change of place of trial is ordered, the district judge or magistrate shall transmit to the district court in whose district the proceeding is transferred all papers in the proceeding, and the prosecution shall continue in that court.
(f) Proceedings Before Magistrate. A defendant charged with a misdemeanor as defined in paragraph (e), Rule 56, Alaska Rules of Criminal Procedure, must give written consent to have the case tried before a magistrate. If a defendant does not give such written consent, the magistrate shall hold the proceedings in abeyance until a district judge becomes available to try the case.
(g) Process - Return. Process shall be issued as provided by AS 22.15.140. A person serving any process of the district courts shall promptly make proof thereof to the court, and in any event at or within the time during which the person served must respond to the process. If service is made by other than a peace officer, the person serving such process shall make affidavit thereof. Failure to make proof of service shall not affect the validity of the service.
(h) Record of Proceedings. Whenever practicable there shall be kept an electronic record of all criminal actions and proceedings in the district court.
(i) Rules Inapplicable in Misdemeanor Cases. In the case of a misdemeanor or violation the provisions of the following Rules of Criminal Procedure shall not apply:
(1) Rules 5(e) and 5.1, relating to preliminary hearings; and
(2) Rule 32(d), relating to presentence investigation.
(Amended by SCO 111 effective November 5, 1970; by SCO 157 effective February 15, 1973; by Amendment No. 2 to SCO 157 effective February 15, 1973; by SCO 218 effective January 15, 1976; by SCO 320 effective August 16, 1978; by SCO 419 effective August 1, 1980; by SCO 425 effective August 1, 1980; by SCO 444 effective August 1, 1980 nunc pro tunc; by SCO 554 effective April 4, 1983; by SCO 719 effective August 1, 1986; by SCO 888 effective July 15, 1988; by SCO 1153 effective July 15, 1994; by SCO 1450 effective October 15, 2001; and by SCO 1660 effective April 15, 2008)
These rules shall be known and cited as the District Court Rules of Criminal Procedure.
These rules are promulgated pursuant to constitutional authority granting rule making power to the supreme court, and to the extent that they are inconsistent with any procedural provisions of any statute not enacted for the specific purpose of changing a rule, shall supersede such statute to the extent of such inconsistency.
See Rules of Minor Offense Procedures
(Added by SCO 649 effective July 1, 1985; amended by SCO 671 effective June 15, 1986; by SCO 751 effective September 11, 1986; by SCO 896 effective July 15, 1988; by SCO 961 effective July 15, 1989; by SCO 1080 effective January 15, 1992; by SCO 1309 effective July 15, 1998; by SCO 1421 effective April 15, 2001; by SCO 1422 effective April 15, 2001; by SCO 1482 effective October 15, 2002; by SCO 1660 effective April 15, 2008; and by SCO 1693 effective October 15, 2009; rescinded and readopted by SCO 1794 effective April 15, 2013; renamed and renumbered by SCO 1797 effective April 15, 2013)
See Rules of Minor Offense Procedures
(Added by SCO 1453 effective April 15, 2002; renamed and renumbered by SCO 1797 effective April 15, 2013)
See Rules of Minor Offense Procedures
(Adopted by SCO 1587 effective December 15, 2005; renamed and renumbered by SCO 1797 effective April 15, 2013)
| Rev. 15 April 2013 © Alaska Court System www.courts.alaska.gov |
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