ALASKA COURT RULES

and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant’s plea. (A) The judge may be present during the proceedings of the program provided that: (3) After imposition of sentence, the withdrawal of a plea may be sought only under AS 12.72. A defendant requesting post-sentence plea withdrawal must prove that withdrawal is necessary to correct a manifest injustice. (4) Withdrawal is necessary to correct a manifest injustice whenever it is demonstrated that: (A) The defendant was denied the effective assistance of counsel guaranteed by constitution, statute or rule, or (B) The plea was not entered or ratified by the defendant or a person authorized to act in the defendant’s behalf, or (C) The plea was involuntary, or was entered without knowledge of the charge or that the sentence actually imposed could be imposed, or (D) The defendant did not receive the charge or sentence concessions contemplated by the plea agreement, and (i) the prosecuting attorney failed to seek or opposed the concessions promised in the plea agreement, or (ii) after being advised that the court no longer concurred and after being called upon to affirm or withdraw the plea, the defendant did not affirm the plea. (5) A plea of guilty or nolo contendere which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding. (i) Restorative Justice Programs. (1) With the consent of the victim(s), the prosecutor, and the defendant(s), the judge may refer a case to a restorative justice program. The parties must inform the restorative justice program about any applicable mandatory sentencing provisions at the time the matter is submitted to the program. The parties may propose to the court the sentence recommended by the participants in proceedings convened by that program. (i) the proceedings are conducted on the record; or (ii) minutes of the proceedings are kept in a manner that the parties agree will fairly and accurately represent what is said at those proceedings. (B) The judge may speak at these proceedings provided that the judge’s comments do not detract or appear to detract from the judge’s neutrality. (Adopted by SCO 4 October 4, 1959; amended by SCO 98 effective September 16, 1968; amended by SCO 157 effective February 15, 1973; by SCO 427 effective August 1, 1980; by SCO 589 effective January 1, 1984; by SCO 606 effective October 4, 1984; SCO 660 effective November 7, 1985; by SCO 662 effective March 15, 1986; and by SCO 719 effective August 1, 1986; by SCO 750 effective December 15, 1986; by SCO 1153 effective July 15, 1994; by SCO 1194 effective July 15, 1995; by SCO 1204 effective July 15, 1995; by SCO 1222 effective August 8, 1995; by SCO 1242 effective July 15, 1996; by SCO 1343 effective January 1, 1999; by SCO 1382 (as revised by SCO 1413) effective April 15, 2000; by SCO 1590 effective April 15, 2006; by SCO 1816 effective April 15, 2014 and by SCO 1951 nunc pro tunc July 9, 2019) Note to SCO 1204: Criminal Rule 11(c)(4) was added by ch. 41 § 10 SLA 1994. Section 5 of this order is adopted for the the sole reason amendments. legislature has mandated that the Note to SCO 1242: Criminal Rules 11(c) and (h) were amended by ch. 79 §§ 24 & 26 SLA 1995. Sections 1 and 2 of this order are adopted for the sole reason that the legislature has mandated the amendments. LAW REVIEW COMMENTARIES “Guilty But Mentally Ill: The Ethical Dilemma of Mental Illness as a Tool of the Prosecution,” 32 Alaska L. Rev. 1 (2015). “Advancing Tribal Court Criminal Jurisdiction in Alaska,” 32 Alaska L. Rev. 93 (2015). (2) The parties may include the recommendations of the restorative justice program in a sentencing agreement subject to the provisions of subsection (e).