Index to Cases

(a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party’s true name is protected in the public index under paragraphs (b) or (c) of this rule. The index must show the party’s name, the case number, the case caption or title, the filing date, the case type, and other information required for that case type by court rule. The index may show the party’s date of birth. The index shall be an accurate chronological record of the case’s filings and events as they actually occurred in the case. If subsequent case filings amend or purport to correct a prior filing or event, the existence of the initial filing or event having occurred shall be maintained along with the amended filing, so that the index is at all times a record of actual filings and events in the case. The court system shall publish a public version of the index on the court system’s website, which excludes only (1) cases designated as confidential or sealed by statute, court rule, or court order under Administrative Rule 37.6, unless the index to those cases is public under court rules; (2) foreign domestic violence protective orders filed under AS 18.66.140; 36 (4) criminal cases dismissed for lack of probable cause under Criminal Rule 4(a)(1) or Criminal Rule 5(d); (5) criminal cases dismissed for an identity error under Criminal Rule 43(d); (6) criminal cases dismissed because the named defendant is a minor wrongly charged in adult court with an offense within the jurisdiction for delinquency proceedings under AS 47.12.020; (7) minor offense cases dismissed because the prosecuting authority declined to file a charging document; (8) minor offense cases dismissed for an identity error under Minor Offense Rule 11(c); (9) domestic violence protective order cases that are closed and in which no protective order was issued; (10) stalking or sexual assault protective order cases that are closed and in which no protective order was issued; (11) party names protected under paragraphs (b) or (c) of this rule; (12) cases that are required to be excluded or removed from the public index by statute; (13) criminal cases in which the defendant received a suspended imposition of sentence (SIS) for a conviction in accordance with AS 12.55.085, and the conviction was subsequently set aside by the court after the defendant this successfully completed provision applies only the defendant was acquitted of all other charges in the same case or all other charges in the same case were dismissed or set aside after an SIS was imposed and the defendant successfully completed the terms of the sentence; the sentence; the terms of if, singularly or combined, (14) cases in which the defendant was charged with an offense under AS 04.16.049, 04.16.050, 04.16.060(g), 28.35.280, 28.35.285, 28.35.290, or a similar municipal ordinance (whether the case was classified as a criminal case, minor offense case, or underage alcohol case and regardless of the disposition of the case), if the offense was charged in a separate action and not joined with any other minor offense or criminal charge at the time of filing; and (15) cases in which the defendant was convicted of possessing less than one ounce of marijuana under AS 11.71.060, or a prior version of that statute that criminalize the same conduct, or a municipal ordinance that criminalized that same contact if (A) the defendant was 21 years of age or older at the time of the offense, and (B) the defendant was not convicted of any other criminal charges in that same case. The public index will be available to the public in electronic form on the court system’s website except as limited by Administrative Rule 37.8; and ALASKA COURT RULES to harassment, (b) The presiding judge of a judicial district may direct the clerk of the court to substitute “Not Published” for a party’s true name on the public index if the presiding judge finds that the issues in the case involve matters of a sensitive and highly personal nature, that publication of the name could expose a person ridicule, or personal injury, embarrassment, and that protection of the party’s name outweighs the public’s interest in disclosure and any prejudice to the opposing party. If the presiding judge determines that the true name of more than one party in a case should be the parties shall be protected under distinguished by number (“Not Published 1, Not Published 2”). While a request to protect the name is pending before the presiding judge, subsection (d) applies. To make a finding that protection of a party’s name outweighs the public’s interest in disclosure under this subsection, the presiding judge must identify a basis for protecting the party name that is particular to the case being considered and distinguishes that party’s individual interest in protecting disclosure from the interests of persons affected by disclosure in similar case types, being in mindful of Administrative Rule 37.5(d). the general public access provision this subsection, (c) The presiding judge of a judicial district may direct the clerk of court to remove a party’s name from the public index for a period of five years if the presiding judge finds that publication of the name is likely to result in substantial physical harm to the party or members of the party’s household and protection of the party’s name outweighs the public’s interest in disclosure. After five years, the party’s name will appear on the public index unless the presiding judge orders the name protected for an additional period of time, upon another showing that publication of the name is likely to result in substantial physical harm to the party or members of the party’s household. While a request to protect the name is pending before the presiding judge, subsection (d) applies. To make a finding that protection of a party’s name outweighs the public’s interest in disclosure under this subsection, the presiding judge must identify a basis for protecting the party name that is particular to the case being considered and distinguishes that party’s individual interest in protecting disclosure from the interests of persons affected by disclosure in similar case types, being mindful of the general public access provision in Administrative Rule 37.5(d). (d) Unless otherwise ordered, while a request under subsection (b) or (c) is pending, (1) the party’s name will not be added to the public index if the request is made with or in the filing that initiates the case; and (2) the party’s name will remain on the public index if the request is made in an existing case. (Adopted by SCO 1622 effective October 15, 2006; amended by SCO 1633 effective May 15, 2007; by SCO 1822 effective August 1, 2014; by SCO 1844 effective October 29, 2014; by SCO 1899 effective January 1, 2017 by SCO 1937 effective November 1, 2018; by SCO 1948 effective October 15, 2019 by SCO 1936 effective April 15, 2021; by SCO 1983 effective October 17, 2022; by SCO 2001 effective May 1, 2023; by SCO 2006 effective nunc pro tunc May 1, 2023; and by SCO 2015 effective January 1, 2024) Editor’s Note: Former Rule 40, Title, was renumbered as current Rule 51, by SCO 1622, effective October 15, 2006. Note to SCO 1822—adding new paragraphs (a)(3) to (a)(9): This rule change applies to cases that were dismissed or closed prior to its effective date. Note to SCO 1937—amending paragraphs (a)(9) and (a)(10): This rule change applies to cases that were dismissed or closed prior to its effective date. Note to SCO 1936—adding new paragraphs (a)(13) and (a)(14): This rule change applies to cases that were dismissed or closed prior to its effective date.