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General Information for Prospective Law Clerks - Effective July 2009

This handbook provides an outline of basic benefits and general information for applicants or appointees to the Alaska Court System Law Clerk Program.  It contains the following information:

Introduction
General Information
Recruitment and Appointment
Salary
Basic Benefit Package
Mandatory Supplemental Benefits System
Optional Benefits
Transportation and Relocation Expenses

PLEASE NOTE that although information in this handbook is current as of the date of publication, the salary, benefit levels, and other conditions of employment are subject to change without notice. This handbook does not constitute an offer of employment or a guarantee of current salary and benefit levels.

Employment can only be offered subject to legislative funding. The Alaska Court System Human Resources Department will confirm the salary and benefit level authorized for the current fiscal year (July 1-June 30.)

If further information is required, please contact the Human Resources Department, at (907) 264-8242, or write to:

Alaska Court System
Human Resources Department
820 West 4th Avenue
Anchorage, AK 99501-2005

For more information on the Alaska Court System please visit our website at http://www.courts.alaska.gov.

This edition supersedes previously published editions of the Alaska Court System Law Clerk Handbook.

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General Information

Alaska has a unified, centrally administered, and totally state-funded judicial system. Alaska has no city, county, or borough courts. There are four levels of courts in Alaska, each with different powers, duties, and responsibilities.

The Alaska Court System is comprised of the Supreme Court, the Court of Appeals, the Superior Court and the District Court. 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 was established by state statute in 1980. Jurisdiction and other areas of the judicial responsibility for each level of court are set out in Title 22 of the Alaska Statutes.

Law clerks are presently employed at all four levels of the court system. Law clerks are normally hired for a 12-month appointment. The 12-month appointment usually begins in August or September. Law clerk positions are classified as exempt, "at will" positions. Upon appointment law clerks will be required to sign an Oath of Office and provide proof of U.S. citizenship or employment authorization. Law clerks appointed to Superior or District Court clerkships will be required to undergo a background check.

Generally, law clerks perform legal research and preparation of memoranda of law for a justice or judge. However, the use of the courts services has expanded and the duties of the law clerk have grown in diversity. Therefore, all persons who are selected to work for the Alaska Court System must be prepared to effectively handle a varied and heavy workload. On occasion a law clerk may be appointed as a deputy magistrate and assigned limited judicial duties. No additional compensation will be given during the performance of deputy magistrate duties.

In accordance with Alaska Court System Personnel Rules PX9.09.01 and PX9.09.02, no person may be employed in a position within the Alaska Court System who is the spouse or close relative of the chief justice, the administrative director, or the human resources director. Only with the approval of the administrative director may a person so related to a judicial officer other than the chief justice be employed. Approval will not usually be granted if the judicial officer and spouse, close relative, or household member would be employed at the same court location and in the same organizational unit. The approval will be in writing, will set forth the reasons for approval, and will be placed in the employee’s personnel records.

No person may be employed in a position within the Alaska Court System who is the spouse or a close relative of any other employee of the Alaska Court System. However, the administrative director, upon request by the hiring supervisor, may approve the employment of a person so long as there is no supervisory relationship between the employees so related, and so long as the administrative director determines that the employment will not be likely to have an adverse impact on court operations. The approval will be in writing, will set forth the reasons for approval, and will be placed in both employees personnel records.

For purposes of this rule, "spouse" includes not only a husband or wife, but also any person with whom the judicial officer or employee maintains a shared household and conjugal relations. This rule does not apply when both individuals are judges who were appointed to their positions through the constitutional judicial selection process.

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Recruitment and Appointment

Applications for each court should be submitted according to the guidelines set forth below to be considered for the following year. Applications for Supreme Court law clerk positions should be received no later than September 30. Applications for all other law clerk positions should be received no later than October 31. Law clerk positions require graduation from an accredited law school with an LLB or JD Degree.

SUPREME COURT

The Supreme Court is the appellate court of final authority in Alaska. There are five Supreme Court Justices. Three justices are located in Anchorage, one is located in Fairbanks, and one is located in Juneau.  Each spring or fall a justice travels to the nation’s leading law schools for purposes of interviewing applicants. Selections are usually made by December for the following year.

To apply for positions in the Supreme Court the applicant must submit: a cover letter, resume, a copy of all law school transcripts, a brief writing sample which was not substantially edited by someone else, and two or three letters of recommendation from law professors or employers. The entire package should be sent to the justice for whom you are interested in clerking:

Alaska Court System
Supreme Court
303 K Street
Anchorage, AK 99501

COURT OF APPEALS

The Court of Appeals hears appeals in criminal and quasi-criminal cases (such as juvenile delinquency cases). There are three appellate judges, all located in Anchorage. To apply for positions in the Court of Appeals, applicants must submit: a cover letter, resume, a copy of all law school transcripts, a brief writing sample which was not substantially edited by someone else, and two or three letters of recommendation from law professors or employers. The entire package should be sent to the judge for whom you are interested in clerking:

Alaska Court System
Court of Appeals
303 K Street, Rm. 419
Anchorage, AK 99501

SUPERIOR AND DISTRICT COURTS

The Superior Court is the trial court of general jurisdiction, which also has appellate jurisdiction over the District Court appeals. There are 40 superior court judgeships throughout Alaska. The District Court has limited civil and criminal jurisdiction and consists of 22 district court judgeships (and thirty-eight magistrates). Selections for both of these courts are usually made in the spring of each year for the succeeding fall. To apply for positions in Superior or District Court, applicants must submit: a cover letter, resume, a copy of all law school transcripts, a brief writing sample which was not substantially edited by someone else, two or three letters of recommendation from law professors or employers and a completed background check authorization form (Law Clerk Background Check Form Adobe Acrobat PDF logo ).

To apply for clerkships in the First, Second, or Fourth Judicial Districts, send the entire package to the Area Court Administrator.

 To apply for clerkships in the Third Judicial District, send the package to the individual judge(s) directly. Contact information is listed in the court directory, or contact the Area Court Administrator for a list of judges names and addresses.

First Judicial District
(This district includes Juneau, Ketchikan, and Sitka with five Superior Court Judges and two District Court Judges.)

Alaska Court System
Area Court Administrator
First Judicial District
PO Box 114100
Juneau, AK 99811-4100
907-463-4753
907-463-4720 FAX
Second Judicial District
(This district includes Nome, Barrow, and Kotzebue with three Superior Court Judges.)

Alaska Court System
Area Court Administrator
Second Judicial District
PO Box 1110
Nome, AK 99762
907-443-5216
907-443-2192 FAX
Third Judicial District
(This district includes Anchorage, Dillingham, Palmer, Kenai, and Kodiak with twenty-four Superior Court Judges and sixteen District Court Judges.)

Alaska Court System
Area Court Administrator
Third Judicial District
825 West 4th Avenue
Anchorage, AK 99501
907-264-0415
907-264-0610 FAX
Fourth Judicial District
(This district includes Fairbanks and Bethel with eight Superior Court Judges and four District Court Judges.)

Alaska Court System
Area Court Administrator
Fourth Judicial District
101 Lacey Street
Fairbanks, AK 99701
907-452-9201
907-452-9206 FAX
Map of Alaska Judicial Districts and Court Locations.

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Salary

Salaries for law clerks differ depending on the classification level of the law clerk. It is important to note that all base salaries listed below may be adjusted upward to compensate for geographic pay differentials in communities outside Anchorage, Juneau, and Ketchikan.

The Law Clerk I classification applies to persons working in District and Superior Court. The base salary is $1,767.50 semi-monthly.

The Law Clerk II classification applies to persons working in the Court of Appeals. The base salary is $1,894.50 semi-monthly.

The Law Clerk III classification applies to persons working in the Supreme Court. The base salary is $2,035.50 semi-monthly.

NOTE: These base salary rates are effective July 1, 2009. Salaries are paid twice monthly. Pay periods end on the 15th and the last day of the month. Payroll warrants are issued approximately two weeks after the end of the pay period. In some cases, the first pay warrant will not be received until one month after a law clerk starts work.

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Basic Benefit Package

As of the date of publication of this pamphlet, the basic benefit package for law clerks includes medical and dental coverage for the law clerk and eligible dependents, 24 days of personal leave, 12 paid holidays, and the option to purchase life, disability, survivor, dependent care, and health care reimbursement benefits through the Select Benefits System health insurance plan. This package is subject to change. Please confirm the terms of your proposed employment with the Human Resources Department before you commence work.

During the 12-month appointment, law clerks are not eligible to participate in the Public Employee Retirement System (PERS).

HEALTH INSURANCE:

The basic health insurance package for law clerks and eligible dependents is provided through the Select Benefits System health insurance plan. The benefit year for Select Benefits begins July 1 and ends June 30 of the following calendar year.

An employee must elect coverage within 30 days of the hire date; failure to make a selection within the first 30 days will result in the default plan.

Employees and their qualified dependents become eligible for health insurance coverage under Select Benefits on the 31st consecutive calendar day of employment. Leave without pay taken during the first 30 days of employment may postpone the coverage until 30 consecutive days have been met. (Law clerks are not eligible for paid leave during the first 30 days of employment.)

Select Benefits is a flexible benefits program, which provides an opportunity for the law clerk to select from several health plans and levels of coverage based on individual needs.

Select Benefits health insurance options may be purchased with benefits credit and, if necessary, through pre-tax payroll deductions.

Law clerks covered by Select Benefits must elect a medical and dental plan; vision coverage is optional.

Law clerks will be provided an opportunity to elect, change, or delete health coverage for qualified changes in status or during open enrollment, which normally occurs in June of each year. Changes made during open enrollment are effective for the next benefit year beginning July 1.

Upon separation from state service, law clerks will have an opportunity to elect continued medical, dental and/or vision coverage for the law clerk and eligible dependents through the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) health continuation plan. Coverage so elected must be identical to the level of coverage in effect at the time of separation. Full responsibility for payment of the monthly premium lies with the law clerk.

LEAVE:

Law clerks are provided up to 24 days of personal leave during the 12-month appointment. Personal leave will accrue at one day (7.5 hours) for each full semi-monthly pay period that the law clerk is in pay status.

Law clerks are not eligible to take personal leave until completion of 30 calendar days of full-time continuous service after appointment. Law clerks must receive prior approval from the supervising judge before leave is used.

Accrual of personal leave will be reduced on a pro-rated basis for any semi-monthly pay period during which leave without pay occurs. Other benefits such as health insurance coverage may be affected by periods of leave without pay.

Any unused personal leave will be paid in a payment that equals the cash value of the law clerk's personal leave balance at the time of separation from state service.

HOLIDAYS:

Law clerks are provided 11 paid holidays in which the court system will close for business in observance of the holiday.

The holiday formally known as Lincoln's Birthday will be treated as a floating holiday. On the date of the holiday, law clerks will receive one additional day of leave. The court system will remain open for business on the day recognized as Lincoln's Birthday.

Law clerks are entitled to, and compensated for, the holidays as noted above provided the law clerk is in pay status on the regular work day immediately preceding the holiday and in pay status on the regular work day immediately following the holiday. If the law clerk is on leave without pay status for the entire day of work, either before or following a holiday, the law clerk is considered to be on leave without pay for the holiday.

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Mandatory Supplemental Benefits System (SBS)

In 1980 the State of Alaska withdrew from the Social Security System and instituted the Supplemental Benefits System (SBS). A mandatory 12.26% is contributed to SBS of each law clerk’s gross semi-monthly wage. One half of this amount is paid by the employer and one half is deducted from the law clerk’s salary. The entire amount is deposited into the law clerk’s annuity account.

The SBS annuity is pre-tax money. Law clerks may choose to invest this account in a variety of funds. The rate of return will depend on the investment fund chosen. Within 30 days after the date of hire, law clerks will receive a packet of information in the mail about the available SBS investment funds and enrollment instructions

After separation from state service, law clerks may elect to defer the annuity account until age 70½ or select from one of the following disbursements: lump sum, five year certain, ten year certain, fifteen year certain, single life annuity, life with ten years certain, life with fifteen years certain, or one of two “joint and survivor” annuities. Payments may begin after the law clerk has been terminated for 60 days. Under federal law there may be an additional federal early withdrawal penalty tax on any disbursement other than a lifetime annuity, single life or a joint and survivor annuity. Additionally, 20% income tax withholding (which is NOT a penalty) will be enforced. Contact the Internal Revenue Service or your tax advisor for further information or advice on this plan.

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Optional Benefits

Certain benefits described below are available and may be purchased through the Select Benefits System health insurance plan. Complete and detailed information on options will be provided to each law clerk at the time of appointment or during law clerk orientation. The premiums for these optional benefits are deducted from the law clerk's pay.

Life Insurance Benefits: Law clerks may select life insurance in varying amounts. Life insurance covers the law clerk only. Cost depends on the amount of coverage selected. Accidental Death and Dismemberment may also be purchased for the law clerk and/or family. Again, the cost depends on the coverage selected.

Disability Benefits: The disability insurance pays the law clerk when a total disability occurs. Three plans are available. The cost depends on the coverage selected.

Survivor Benefits: The survivor life insurance benefit pays monthly for a selected period of time instead of in a lump sum. Law Clerks may choose the number of years for designated beneficiaries to receive benefits. The number of years selected determines the monthly benefit amount. Cost depends on the age of the law clerk.

Dependent Care Assistance Plan (DCAP): Law clerks may designate an amount to be placed in a reimbursement account whereby the law clerk can be reimbursed with pre-tax dollars for care of elderly parents, a handicapped spouse or child care. NOTE: Currently the Internal Revenue Service allows a tax credit for dependent care. However, expenses reimbursed by this plan are NOT eligible for the tax credit. The Internal Revenue Service requires forfeiture of any monies remaining in DCAP after all eligible expenses for the benefit year have been paid. Law clerks should give careful consideration to the relative financial benefits of these options. The professional advice of a tax advisor would be very helpful in deciding which option to select.

Health Flexible Spending Account (HFSA): HFSA is designed to cover some, but not all, health expenses. Law clerks may contribute up to $5,000 pre-tax dollars each benefit year into an individual plan account for reimbursement of health expenses not otherwise covered by the health insurance plan. NOTE: The Internal Revenue Service requires forfeiture of any monies remaining in HFSA after all qualified claims for the benefit year have been paid. Law clerks should give careful consideration to the relative financial benefits of HFSA.

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Transportation and Relocation Expenses

Transportation/Relocation reimbursement applies to full-year law clerks only. If you have any questions regarding travel and relocation expenses, please contact the Fiscal Operations Department at (907) 264-8221 or travel_desk@courts.state.ak.us.

ELIGIBILITY

Law clerks living outside Alaska will be eligible for reimbursement of certain transportation and relocation expenses incurred from their place of hire to the assigned court location. The Chief Financial Officer may approve transportation and relocation expenses from a location other than the place of hire if expenses to relocate from the alternative site do not exceed costs to relocate from the place of hire.

Law clerks hired within Alaska, but not in the assigned court location, are eligible for transportation and relocation expenses incurred for intra-state travel. Law clerks residing in the assigned court location are not eligible for transportation and relocation expenses.

REIMBURSEMENT

Law clerks will not be reimbursed for transportation and relocation expenses prior to being placed on the Alaska Court System payroll. It may take as long as three weeks for reimbursement to be processed and paid. It is the responsibility of the law clerk to plan accordingly.

A. TRANSPORTATION EXPENSES FOR TRAVEL WITHIN THE UNITED STATES

To be eligible for reimbursement, all transportation expenses must be supported by original receipts and invoices (such as airline ticket receipts.) Credit card statements will not be accepted as a form of receipt. Law clerks will not be paid for tickets obtained through frequent flier mileage plans. NOTE: "Least expensive one-way airfare" may include one or more stopovers or travel segments.

  1. Air Transportation - Law clerks who choose air transportation will be reimbursed for the lesser of: (1) the actual airfare cost, or (2) the least expensive one-way airfare from the place of hire to the assigned court location. For purposes of determining the least expensive airfare, the traveler will not be required to take flights departing prior to 7:00 a.m. or arriving after 11:00 p.m. If accompanied by legal dependents, law clerks will be reimbursed for the cost of one-way airfare for up to two additional dependents, for a total of three one-way tickets. If not traveling directly from the point of hire to the assigned court location, the law clerk is required to obtain and submit with the claim for reimbursement, an itinerary reflecting the cost of a two-week advanced purchase, least expensive, one-way airfare from the point of hire to the assigned court location. This information can be obtained through either a travel agent or through an on-line travel service such as Expedia, Travelocity, or Orbitz and must be obtained prior to commencing your travel to Alaska and must be included with your travel claim.
  2. Land/Sea/Air Combination Transportation

    a. Law clerks (without dependents) who choose other than direct air transportation will be reimbursed the lesser of: (1) the current state per mile rate for the most direct route from place of hire to the assigned court location, or (2) the cost of the least expensive one-way airfare from the place of hire to the assigned court location. For purposes of determining the least expensive airfare, the traveler will not be required to take flights departing prior to 7:00 a.m. or arriving after 11:00 p.m. If not flying or not traveling directly from the point of hire to the assigned court location, the law clerk is required to obtain and submit with the claim for reimbursement, an itinerary reflecting the cost of a two-week advanced purchase, least expensive, one-way airfare from the point of hire to the assigned court location. This information can be obtained through either a travel agent or through an on-line travel service such as Expedia, Travelocity, or Orbitz and must be obtained prior to commencing your travel to Alaska and must be included with your travel claim.

    b. If two or more law clerks share a combination of land/sea/air transportation, each law clerk will be reimbursed the pro rata share of the higher of: (1) the current state per mile rate for the most direct route from place of hire to the assigned court location, or (2) the cost of one adult’s least expensive one-way airfare from place of hire to the assigned court location. For purposes of determining the least expensive airfare, the traveler will not be required to take flights departing prior to 7:00 a.m. or arriving after 11:00 p.m. If not flying or not traveling directly from the point of hire to the assigned court location, the law clerk is required to obtain and submit with the claim for reimbursement, an itinerary reflecting the cost of a two-week advanced purchase, least expensive, one-way airfare from the point of hire to the assigned court location. This information can be obtained through either a travel agent or through an on-line travel service such as Expedia, Travelocity, or Orbitz and must be obtained prior to commencing your travel to Alaska and must be included with your travel claim.

    c. Law clerks with dependents, who choose other than direct air transportation, will be reimbursed the lesser of: (1) the current state per mile rate for the most direct route from place of hire to the assigned court location, or (2) the aggregated cost of one adult’s least expensive one-way airfare plus the least expensive one-way airfare for up to two dependents, for travel to the assigned court location. If not flying or not traveling directly from the point of hire to the assigned court location, the law clerk is required to obtain and submit with the claim for reimbursement, an itinerary reflecting the cost of a two-week advanced purchase, least expensive, one-way airfare from the point of hire to the assigned court location. This information can be obtained through either a travel agent or through an on-line travel service such as Expedia, Travelocity, or Orbitz and must be obtained prior to commencing your travel to Alaska and must be included with your travel claim.

Please be advised that the reimbursement may not cover total transportation costs, such as transporting a vehicle on the Alaska Marine Highway System.

In situations where a law clerk is married to another law clerk and both work at the same location, one law clerk will be treated as a dependent. Only one transportation and relocation allowance will be reimbursed. Married law clerks assigned to different work locations will be treated as single law clerks.

B. TRANSPORTATION EXPENSES FOR TRAVEL OUTSIDE THE UNITED STATES

Law clerks hired from locations outside the United States will be reimbursed the lesser of the actual transportation costs for one-way travel from the point of hire or up to $800 in travel expenses, which must be supported by original receipts. Law clerks hired from outside the U.S., who choose to travel by means other than air carrier will be eligible for reimbursement of the lesser of the actual cost of a land/sea/air travel combination or the least expensive one-way airfare from the point of hire to the assigned court location or $800. This reimbursement provision applies to the law clerk and up to two dependents, for a maximum transportation reimbursement amount of $2,400 for a law clerk traveling from an international location with two dependents. All expenses submitted for reimbursement must be supported by original receipts.

C. RELOCATION EXPENSES

Subject to eligibility requirements, the law clerk will receive a relocation allowance up to $500. The allowance is designed to help cover the expenses of shipping household goods and similar costs. Original receipts and invoices must support all claims for reimbursement of relocation expenses. Credit card statements will not be accepted as a form of receipt. The relocation allowance cannot be used to purchase goods to be relocated. For example, the court system will reimburse law clerks for the cost of shipping a television, but will not reimburse law clerks for the purchase of the television. Reimbursement of relocation expenses should be submitted as early as possible, but must be submitted within three months of commencing work for the Alaska Court System.

LESS THAN FULL-YEAR LAW CLERKS

Law clerks appointed for less than a full year will be reimbursed one-way airfare and a proportional relocation allowance as determined by the Chief Financial Officer.

INCOME TAX REPORTING

In accordance with Internal Revenue Service regulations, the law clerk's W-2 forms will include amounts that have been reimbursed for transportation and relocation expenses. Law clerks should retain copies of receipts for their tax records.

REIMBURSEMENT AGREEMENT

Those accepting employment with the State of Alaska are required to sign a reimbursement agreement prior to employment. The agreement stipulates that the law clerk will reimburse the state for all or part of expenditures made by the state in connection with the move in the event the law clerk voluntarily leaves the Alaska Court System before the completion of one year of employment.

Reimbursement will be taken from the law clerk's final paycheck. If this amount does not cover the total reimbursement, the law clerk will be required to pay the difference. The following schedule will apply:

100% of the cost of transportation and the relocation allowance advanced to the law clerk if the law clerk voluntarily leaves the Alaska Court System before completing 3 months;

75% of the cost of transportation and the relocation allowance advanced to the law clerk if the law clerk voluntarily leaves the Alaska Court System after completing 3 months, but before completing 6 months;

50% of the cost of transportation and the relocation allowance advanced to the law clerk if the law clerk voluntarily leaves the Alaska Court System after completing 6 months, but before completing 9 months;

25% of the cost of transportation and the relocation allowance advanced to the law clerk if the law clerk voluntarily leaves the Alaska Court System after completing 9 months, but before completing 11 months;

0% of the cost of transportation and the relocation allowance advanced to the law clerk if the law clerk voluntarily leaves the Alaska Court System after 11 months or more are completed.

Questions regarding the information contained in this handbook may be directed to the Human Resources Department at (907) 264-8242.

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Rev. 9 July 2009
© Alaska Court System

www.courts.alaska.gov
webmaster@courts.state.ak.us

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