Bindinglaw

AK · rules

Alaska R. Crim. P. 32.4

Sentencing Referrals to Three-Judge Panel

activein force · 1993-07-15 – presentact-effective-date

(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
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.