ALASKA COURT RULES

(3) If probable cause is not shown, the judicial officer (1) by court-approved video link under Criminal Rule shall discharge the defendant. 38.2; or (e) Felonies—Other Requirements at First (2) by telephone if Appearance. (A) the proceeding is held on a weekend day, a holiday, (1) If the charge against the defendant is a felony, the or otherwise outside the court’s regular business hours; or defendant shall not be called upon to plead. (2) The judicial officer shall inform the defendant of the right to a preliminary examination. A defendant is entitled to a preliminary examination if the defendant is charged with a felony for which the defendant has not been indicted, unless (A) the defendant waives the preliminary examination, or (B) an information has been filed against the defendant with the defendant’s consent in the superior court. (3) If the defendant after having had the opportunity to consult with counsel waives preliminary examination, the judicial officer shall forthwith hold the defendant to answer in the superior court. (4) If the defendant does not waive preliminary examination, the judicial officer shall schedule a preliminary examination. Such examination shall be held within a reasonable time, but in no event later than (A) 10 days following the initial appearance, if the defendant is in custody, or (B) 20 days following the initial appearance, if the defendant is not in custody. With the consent of the defendant and upon a showing of good cause, taking into account the public interest in prompt disposition of criminal cases, the judicial officer may extend the time limits specified in this subsection one or more times. In the absence of consent by the defendant, the judicial officer may extend these time limits only upon a showing that extraordinary circumstances exist and is indispensable to the interest of justice. that delay (f) Misdemeanors—Other Requirements at Arraignment. (1) The judicial officer shall ask the defendant to enter a plea pursuant to Criminal Rule 11. (2) If the defendant pleads not guilty, the judicial officer shall fix a date for trial at such time as will afford the defendant a reasonable opportunity to prepare. (3) The judicial officer shall inform the defendant that the case may not be tried before a magistrate judge without the defendant’s written consent. (4) The judicial officer shall inform the defendant that the defendant may peremptorily disqualify the judicial officer to whom the case is assigned pursuant to AS 22.20.022. (g) Video or Telephonic Appearance. The appearances referenced in this rule may be 16 (B) the proceeding is held during the court’s regular business hours, but there is no judicial officer available where the defendant is located. (Adopted by SCO 4 October 4, 1959; amended by SCO 98 effective September 16, 1968; by SCO 157 effective February 15, 1973, by SCO 165 dated June 25, 1973 and by directive from the Clerk of the Court dated June 28, 1973; renumbered by Amendment No. 3 to SCO 157 effective February 15, 1973; by SCO 427 effective August 1, 1980; by SCO 458 effective May 1, 1981; and by SCO 719 effective August 1, 1986; by SCO 723 effective December 15, 1986; by SCO 1153 effective July 15, 1994; by SCO 1189 effective July 15, 1995; by SCO 1339 effective June 13, 1998; by SCO 1739 effective nunc pro tunc to July 1, 2010; by SCO 1763 effective nunc pro tunc to July 1, 2011; by SCO 1799 effective October 15, 2013; by SCO 1829 effective October 15, 2014; by SCO 1883 effective July 1, 2016; SCO 1898 effective January 1, 2017; and by SCO 1927 effective nunc pro tunc to January 1, 2018) Note to SCO 1339: Criminal Rule 5(b) was amended by § 17 ch. 86 SLA 1998 to make it clear that the rule does not give a prisoner the right to contact a victim or witness in violation of AS 11.56.755. Section 1 of this order is adopted for the sole reason that the legislature has mandated the amendment. Note: The Alaska Legislature amended Criminal Rule 5(a) to change the time within which an arrested person must be brought before a judicial officer for a first appearance from 24 hours to 48 hours. Ch. 19, §§ 23 and 24, SLA 2010 (HB 324) (eff. July 1, 2010). The changes to Criminal Rule 5 are adopted for the sole reason that the legislature has mandated the amendments. That legislative rule change creates an apparent conflict with AS 12.25.150(a), which provides that an arrested person must be taken before a judge or magistrate “in any event within 24 hours after arrest.” Note: Chapter 20, section 25, SLA 2011 (HB 127), effective July 1, 2011, amended Criminal Rule 5(a)(1) relating to time for a first appearance. The changes to Criminal Rule 5(a)(1) are adopted for the sole reason that the legislature has mandated the amendments. Cross References (a) CROSS REFERENCE: AS 12.25.150 (b) CROSS REFERENCE: AS 12.25.150 (c) CROSS REFERENCE: AS 12.30.010