Alaska Court of Appeals
Encyclopedia
The Alaska Court of Appeals is an intermediary court of appeals in the State
of Alaska
's judicial department
(Alaska Court System
), created in 1980 by the Alaska Legislature
as an additional appellate court
to lessen the burden on the Alaska Supreme Court
. The court
of appeals consists of a chief judge
and two associate judges, who are all appointed by the governor
of Alaska (see List of Governors of Alaska) and face judicial retention elections every eight years; the chief judge of the court of appeals is selected from among the three by the chief justice
of the supreme court to serve a two-year term.
The court of appeals hears oral argument
from lower state trial court
s on a regular basis in Anchorage
.
All Alaska state court judges are selected in accordance with the Missouri Plan
. The governor of Alaska appoints a court of appeals judge from a list of qualified candidates submitted by the Alaska Judicial Council. To be eligible for appointment, a person must be a citizen of the United States
and a resident of Alaska for five years prior to appointment. A court of appeals judge must be licensed to practice law in Alaska at the time of appointment and must have engaged in the active practice of law for eight years. The appointed judge must be approved by the voters on a nonpartisan ballot at the first statewide general election held more than three years after appointment; thereafter, each court of appeals judge must participate in another retention election every eight years.
The court of appeals has jurisdiction
to hear appeals from judgments in criminal
cases and certain other quasi-criminal cases in which a minor is accused of committing a crime (juvenile delinquency
cases), cases in which prison
ers are challenging the legality of their confinement (habeas corpus
and post-conviction relief matters), and cases involving probation
and parole
decisions. Also, a defendant
in a criminal case 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.
The court of appeals' jurisdiction is therefore over criminal and quasi-criminal matters rather than civil matters; it was created in 1980 to take the burden of these matters from the supreme court, which is therefore able to concentrate on civil matters. However, unlike the Supreme Court of the United States
, the Alaska Supreme Court is required to hear appeals in civil cases in the first (and usually last) instance and is not able to exercise its discretion whether to consider appeals previously heard by other appellate courts. Although granting both civil and criminal jurisdiction to the new court of appeals (freeing the supreme court to be purely an appellate court of last resort rather than first instance) had been considered by some proponents in 1980, it was not then believed that the Alaska legislature would be amenable to creating such a court.
The court of appeals usually announces its decisions of cases by issuing memorandum opinions and judgments (MO&Js) and orders summarily ruling on the merits of cases or dismissing them, as well as opinions for official publication (in Westlaw
, the Pacific Reporter and the Alaska Reporter). Although the MO&Js and most orders are not published, the MO&Js are available for public inspection at the Anchorage, Fairbanks, and Juneau offices of the clerk of the appellate courts, and the orders are filed in the clerk's Anchorage office. Current MO&Js are also available on the Alaska Court System website
. Nevertheless, MO&Js are binding only upon the parties and stare decisis
does not apply.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
's judicial department
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
(Alaska Court System
Alaska Court System
The Alaska Court System is the unified, centrally administered, and totally state-funded judicial system for the State of Alaska. It has four levels of state courts: the Alaska Supreme Court, the Alaska Court of Appeals, the Alaska Superior Court, and the Alaska District Court...
), created in 1980 by the Alaska Legislature
Alaska Legislature
The Alaska Legislature is the state legislature of the U.S. state of Alaska. It is a bicameral institution, consisting of the lower Alaska House of Representatives, with 40 members, and the upper house Alaska Senate, with 20 members...
as an additional appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
to lessen the burden on the Alaska Supreme Court
Alaska Supreme Court
The Alaska Supreme Court is the state supreme court in the State of Alaska's judicial department . The supreme court is composed of the chief justice and four associate justices, who are all appointed by the governor of Alaska and face judicial retention elections and who choose one of their own...
. The court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of appeals consists of a chief judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and two associate judges, who are all appointed by the governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
of Alaska (see List of Governors of Alaska) and face judicial retention elections every eight years; the chief judge of the court of appeals is selected from among the three by the chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the supreme court to serve a two-year term.
The court of appeals hears oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
from lower state trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s on a regular basis in Anchorage
Anchorage, Alaska
Anchorage is a unified home rule municipality in the southcentral part of the U.S. state of Alaska. It is the northernmost major city in the United States...
.
All Alaska state court judges are selected in accordance with the Missouri Plan
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
. The governor of Alaska appoints a court of appeals judge from a list of qualified candidates submitted by the Alaska Judicial Council. To be eligible for appointment, a person must be a citizen of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and a resident of Alaska for five years prior to appointment. A court of appeals judge must be licensed to practice law in Alaska at the time of appointment and must have engaged in the active practice of law for eight years. The appointed judge must be approved by the voters on a nonpartisan ballot at the first statewide general election held more than three years after appointment; thereafter, each court of appeals judge must participate in another retention election every eight years.
The court of appeals has jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to hear appeals from judgments in criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
cases and certain other quasi-criminal cases in which a minor is accused of committing a crime (juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
cases), cases in which prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
ers are challenging the legality of their confinement (habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
and post-conviction relief matters), and cases involving probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
and parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
decisions. Also, a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
in a criminal case 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.
The court of appeals' jurisdiction is therefore over criminal and quasi-criminal matters rather than civil matters; it was created in 1980 to take the burden of these matters from the supreme court, which is therefore able to concentrate on civil matters. However, unlike the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, the Alaska Supreme Court is required to hear appeals in civil cases in the first (and usually last) instance and is not able to exercise its discretion whether to consider appeals previously heard by other appellate courts. Although granting both civil and criminal jurisdiction to the new court of appeals (freeing the supreme court to be purely an appellate court of last resort rather than first instance) had been considered by some proponents in 1980, it was not then believed that the Alaska legislature would be amenable to creating such a court.
The court of appeals usually announces its decisions of cases by issuing memorandum opinions and judgments (MO&Js) and orders summarily ruling on the merits of cases or dismissing them, as well as opinions for official publication (in Westlaw
Westlaw
Westlaw is one of the primary online legal research services for lawyers and legal professionals in the United States and is a part of West. In addition, it provides proprietary database services...
, the Pacific Reporter and the Alaska Reporter). Although the MO&Js and most orders are not published, the MO&Js are available for public inspection at the Anchorage, Fairbanks, and Juneau offices of the clerk of the appellate courts, and the orders are filed in the clerk's Anchorage office. Current MO&Js are also available on the Alaska Court System website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
. Nevertheless, MO&Js are binding only upon the parties and stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
does not apply.
Judges
- Robert G. Coats (since 1980), Chief Judge
- David Mannheimer (since 1990)
- Joel H. Bolger (since 2008)