Alaska Rules of Appellate Procedure Rule 406.Review of Proceedings of Commission on Judicial Conduct.

Alaska Rules of Appellate Procedure

Rule 406.Review of Proceedings of Commission on Judicial Conduct.

(a) A petition to the supreme court to modify or reject a recommendation of the Commission on Judicial Conduct for censure, removal or retirement of a judge may be filed within 30 days after the filing with the clerk of the supreme court and service upon the judge of a certified copy of the recommendation. The petition shall specify the grounds relied on and shall be accompanied by petitioner's brief and proof of service on the chairman of the commission. Within 30 days after receipt of the petition the commission may serve and file a respondent's brief. Within 20 days after service of such brief, the petitioner may file a reply brief which shall be served on the commission.

(b) If no petition is filed the matter may be considered on the merits based upon the record filed by the commission.

(c) Upon recommendation of the commission that a judge be suspended pursuant to AS 22.30.070(b) or on the supreme court's own motion for a suspension, a judge, upon request, shall be provided a hearing before the supreme court.

(d) The rules governing appeals from the superior court in civil cases shall apply to proceedings in the supreme court for review of a recommendation of the commission except where express provision is made to the contrary or where the application of a particular rule would be clearly impracticable, inappropriate, or inconsistent.

(e) The records of all proceedings in the supreme court shall be public from the time of filing the petition in the supreme court.

(f) When the proceedings involve a supreme court justice, no justice may participate in the review, and the chief justice shall appoint a panel from among the court of appeals and superior court judges as justices pro tempore toreview the proceedings. If the proceedings involve the chief justice, the justice having the longest tenure on the supreme court who has not participated in the proceedings shall appoint the panel.

(SCO 439 effective November 15, 1980; amended by SCO 569 effective June 1, 1983; and by SCO 1153 effective July 15, 1994)

Note:
There were a number of changes to the court rules made by the Alaska Legislature, but are not included because they did not make the publication deadline. Some of these changes are significant. The Legislative Changes to Rules of Court. should be consulted in order to obtain these changes.

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Last Modified 9/7/97