As amended through November 12, 2024
Rule 46 - Special Orders of the Supreme Court and Court of Appeals and Presiding Judge Orders(a)Judicial Administrative Orders. The chief justice of the supreme court shall have authority to make and promulgate administrative orders designated as Special Orders of the Chief Justice. The chief judge of the court of appeals shall have authority to make and promulgate administrative orders designated as Special Orders of the Court of Appeals. The presiding judge of a judicial district shall have authority to make and promulgate administrative orders designated as Presiding Judge Orders. No judicial administrative order may be issued except under the authority of this section.(b)Uniformity Required. No order shall be promulgated that is inconsistent with the Alaska Statutes or the Alaska Rules of Court. The vesting of all rulemaking authority in the Alaska Supreme Court shall be recognized.(c)Definitions.(1) Rules. All (i) judicially imposed requirements (ii) indicating a mandatory course of action or nonaction (iii) not part of any case adjudication or statute, are rules.(2) Judicial Administrative Orders. All (i) non-adjudicating directives or determinations (ii) effectuating administrative concerns (iii) made and promulgated under Administrative Rule 46, are judicial administrative orders. However, judicial administrative orders consisting solely of appointment or assignment of judicial officers and masters shall not be subject to the requirements of paragraphs (d) and (e) of this rule.(3) Local Form Orders. All preprinted forms prepared by superior or district court judges and meant to be issued as orders in individual cases and proceedings.(d)Sanctions. Violations of judicial administrative orders are not punishable under Civil Rule 95. Violators shall first be given actual notice of the order transgressed and provided with a reasonable opportunity to comply. Repeated knowing violations may be punished as contempt.(e)Adoption.(1) Filing. All judicial administrative orders shall be filed with the office of the administrative director and shall contain an effective date and where appropriate a termination date.(2) Review. Within 30 days of filing, all orders shall be reviewed by the office of the administrative director to (i) ensure the statewide policy of uniform rules and practices has been preserved; and (ii) determine any fiscal impact of the order. Orders inconsistent with court system uniform rules or practices or having unusual fiscal impact shall be referred within the review period to the supreme court.(3) Supreme Court. Judicial administrative orders or local form orders filed with the administrative director under subparagraph (1) are effective as provided by the order, except that the supreme court may disapprove or modify the orders.(4) Distribution. All judicial administrative orders reviewed by the supreme court, the review order of the supreme court, and such other judicial administrative orders as are selected by the office of the administrative director, shall be sent to the chief justice, the chief judge, the administrative director, the presiding judges, and the clerks of court. The clerks of court shall maintain a judicial Administrative Order Book available for public inspection including all of the orders distributed under this subsection grouped according to the appropriate appellate court or judicial district heading.(5) Sunset Review. The office of the administrative director shall annually conduct a review of all judicial administrative orders distributed under subsection (e)(4) for the purpose of recommending to the promulgating judicial office of the supreme court the termination of superannuated orders.(f)Local Form Orders. The provisions of this rule except paragraph (d) apply to local form orders. Such orders will be approved by the Supreme Court if they are consistent with the Rules of Court such that the provisions of the order could be validly issued in an individual case.Adopted by SCO 663 effective 3/15/1986; amended by SCO 701 effective 7/15/1986; by SCO 702 effective 7/15/1986; by SCO 707 effective 7/15/1986; by SCO 738 effective 8/14/1986; by SCO 752 effective 9/11/1986; by SCO 764 effective 10/30/1986; and by SCO 786 effective 12/15/1986; amended by SCO 1977 effective 9/16/2021.