Alaska R. App. P. 406

As amended through November 12, 2024
Rule 406 - Review of Commission on Judicial Conduct Recommendations for Discipline
(a) The Commission on Judicial Conduct shall file its recommendation for reprimand, censure, suspension, removal, or retirement of a judge with the clerk of the appellate courts and serve a copy of the recommendation on the judge. The commission shall also file and serve any minority report submitted under AS 22.30.068, the public portions of the commission record as designated by AS 22.30.060(b)(3), and a recording of the commission hearing in a format suitable for transcription. The court shall prepare the transcript on an expedited basis.
(b) Within 30 days of the court's distribution of the transcript, the judge may petition the supreme court to modify or reject the recommendation The petition shall specify the grounds relied on and shall be accompanied by the petitioner's brief and proof of service on the commission. Within 30 days of service of the petition, the commission may file and serve a respondent's brief. Within 20 days of service of the respondent's brief, the judge may file and serve a reply brief. Oral argument is governed by the procedures set out in Rule 505.
(c) If no petition is filed, the matter may be considered on the merits based upon the record filed by the commission and the transcript.
(d) The rules governing appeals from the superior court in civil cases shall apply to proceedings in the supreme court for review of a recommendation of the commission except where express provision is made to the contrary or where the application of a particular rule would be clearly impracticable, inappropriate, or inconsistent.
(e) The records of all proceedings in the supreme court shall be public from the time of filing the commission recommendation in the supreme court.
(f) When the proceedings involve a supreme court justice, no justice may participate in the review, and the chief justice shall appoint a panel from among the court of appeals and superior court judges as justices pro tempore to review the proceedings. If the proceedings involve the chief justice, the justice having the longest tenure on the supreme court who has not participated in the proceedings shall appoint the panel.

Alaska R. App. P. 406

SCO 439 effective 11/15/1980; amended by SCO 569 effective 6/1/1983; by SCO 1153 effective 7/15/1994; by SCO 1298 effective 1/15/1998; amended by SCO 1818 effective 4/15/2014.