AK · rules
Alaska R. Crim. P. 32.4
Sentencing Referrals to Three-Judge Panel
(a) Referral to Panel. If the trial judge finds that
extraordinary circumstances exist under AS 12.55.165, the
case shall be transferred forthwith to a three-judge sentencing
panel of the superior court. All pertinent files, records and
transcripts shall be transmitted to the sentencing panel by the
clerk of the court within 30 days of the date of the order
transferring the case.
(b) Appointment of Panel. Three judges of the superior
court shall be appointed by the chief justice to be the regular
members of the sentencing panel. Two other judges of the
superior court shall be appointed by the chief justice as first
and second alternate members of the sentencing panel. At least
one of the three regular members and one of the two alternate
members of the sentencing panel shall reside outside of
Anchorage. The term of appointment of the regular and
alternate members of the sentencing panel shall be two years,
except that the first three regular members appointed shall
serve staggered terms of one, two, and three years. The chief
justice may appoint additional alternate members of the
sentencing panel to serve on a case-by-case basis in the event
of the disability or disqualification of more than two judges.
(c) Repository of Documents. The chief justice shall
appoint one of the three regular members to be administrative
head of the sentencing panel and his or her office shall serve as
the administrative repository for all papers and documents
pertaining to cases submitted to the sentencing panel.
(d) Challenge of Panel Member. Both the prosecuting
attorney and the defendant may exercise in a timely fashion a
challenge for cause, or a peremptory challenge if not
previously exercised, to one judge on the sentencing panel in
accordance with AS 22.20.022 and Criminal Rule 25(d)(1). In
the event that a judge on the sentencing panel is the same judge
who made the finding under paragraph (a) of this rule, that
judge shall be automatically disqualified.
(e) Time for Decision. Within 60 days from the date that
the case was transmitted to the sentencing panel, the
sentencing panel shall either sentence the defendant or remand
the case to the judge who referred the case to the sentencing
panel. The sentencing panel shall provide a written statement
of its findings and conclusions in support of any order
remanding a case to the referring judge.
(f) Hearing. If the sentencing panel elects to take
testimony or sentence the defendant under AS 12.55.175(b) or
(c), both the prosecution and the defendant shall have the right
to be present in court during the proceedings. The defendant
shall have the right to address the sentencing panel personally
before sentence is imposed. The proceedings shall be held in a
location best suited to the convenience of the parties and the
court as determined by the sentencing panel.
(g) Further Sentencing Proceedings. If the sentencing
panel imposes sentence on the defendant, proceedings relating
to sentence modification under Criminal Rule 35(a) shall be
assigned to the sentencing panel sitting at the time such action
is ready for decision. All other post-sentencing proceedings
shall be assigned to the judge who referred the matter to the
sentencing panel for consideration. The referring judge may
impose any sentence which the sentencing panel would be
empowered to impose, except that the referring judge may not
reduce a sentence imposed by the sentencing panel.
(h) Right to Bail. The right to bail of a convicted
defendant is neither conferred nor enlarged by this rule.
History
(Added by SCO 1136 effective July 15, 1993)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f1d8ca4fa3521ae5796381d08f5c515d500f6cb2112c4cbe807df6ee2b2977b4
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