Electronic Citations

Minor Offense Procedure

Rule: 22

Jurisdiction: AK

Bluebook Citation: Alaska Minor Offense R. 22

Cases. in Minor Offense (a) Authorization for Filing Citations Electronically. The administrative director may enter into an agreement with a law enforcement agency to allow the law enforcement agency to file citations charging minor offenses, as defined in Rule 2, by transmitting data electronically rather than by filing paper citations. The administrative director may enter into an agreement if the law enforcement agency’s systems and procedures assure that: (1) the charging officer will issue a paper citation to the defendant in accordance with AS 12.25.190; (2) a paper citation issued from an electronic device will contain the charging officers electronic or digital signature as defined in AS 09.80.190; (3) the court will have the ability to view an electronic version of the paper citation that the charging officer issued to the defendant, including the charging officers electronic, digital, or handwritten signature; (4) the agency has a written acknowledgement from each peace officer authorized to issue electronic citations certifying that the officer understands that affixing an electronic or digital signature to a citation is the legally binding equivalent of signing a citation by hand, and that by affixing an electronic or digital signature, the officer intends to be bound by the signature; (2) Default Judgment. When a judgment of conviction is entered under Rule 9, a copy of the judgment will not be distributed to the parties, except upon request. To appeal a default judgment, the defendant must first move to vacate or modify the judgment under Rule 10(g). Appeal may be taken from an order denying (or granting) the motion. The appeal must be filed within 30 days after the date shown in the clerk's certificate of distribution on the order. (5) the agency employs policies that hold individual officers accountable and responsible for actions initiated under their electronic or digital signatures; and (6) the agency employs adequate security procedures to verify that an electronic signature, record, or performance is that of a specific person and to detect changes or errors in the electronic records related to the citation. (3) Judgment Entered in Open Court. When judgment of (b) Electronic Signature. A charging officer’s elec- 11

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