Sentencing Referrals

Panel. to Three-Judge (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. (3) Judgments. All to writing. The date of notice of a judgment is the date shown in the clerk’s certificate of distribution on the written judgment. judgments must be reduced (4) Other Service Requirements. These notice provisions 56 (e) Time for Decision. Within 60 days from the date that the case was the to sentencing panel shall either sentence the defendant or remand the case to the judge who referred the case to the sentencing the sentencing panel, transmitted RULES OF CRIMINAL PROCEDURE