AK · rules

Alaska R. App. P. 406

Review of Commission on Judicial Conduct Recommendations for Discipline

activein force · 2014-04-14 – presentact-effective-date

(a) The Commission on Judicial Conduct shall file its

recommendation for reprimand, censure, suspension, removal,

or retirement of a judge with the clerk of the appellate courts

and serve a copy of the recommendation on the judge. The

commission shall also file and serve any minority report

submitted under AS 22.30.068, the public portions of the

commission record as designated by AS 22.30.060(b)(3), and a

recording of the commission hearing in a format suitable for

transcription. The court shall prepare the transcript on an

expedited basis.

(b) Within 30 days of the court’s distribution of the

transcript, the judge may petition the supreme court to modify

or reject the recommendation. The petition shall specify the

grounds relied on and shall be accompanied by the petitioner’s

brief and proof of service on the commission. Within 30 days

of service of the petition, the commission may file and serve a

respondent’s brief. Within 20 days of service of the respondent’s brief, the judge may file and serve a reply brief. Oral

argument is governed by the procedures set out in Rule 505.

on the merits based upon the record filed by the commission

and the transcript.

(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 commission

recommendation 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 to review 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.

History

(SCO 439 effective November 15, 1980; amended by SCO 569 effective June 1, 1983; by SCO 1153 effective July 15, 1994, by SCO 1298 effective January 15, 1998; and by SCO 1818 effective April 14, 2014)

Provenance

Source: courts.alaska.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: c553f703b3a7a766bffa46b0174cf308f25193e883f957d2a3d32f638378c2bf

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