Rule 10 - Judgment, Costs, Fees, and Relief from Default Judgment(a)Fine. A judgment of conviction must order payment of the fine as follows: (1)After Plea or Trial. (A) Pursuant to AS 12.25.230(c), the fine may not exceed the amount listed on the bail forfeiture or fine schedule. A scheduled fine amount may not be reduced if a municipal ordinance prohibits reduction of the fine amount.(B) For offenses that require a mandatory court appearance, the court may impose a fine up to the maximum authorized by statute or ordinance.(2)Default Judgment. A default judgment entered under Rule 9 must require the defendant to pay the scheduled bail or fine amount if the offense is an optional court appearance offense or the maximum penalty if the offense is a mandatory court appearance offense.(b)Surcharge. All judgments must order payment of any applicable surcharge. (c)Forfeiture.(1) A default judgment or a judgment entered on a no contest plea must order forfeiture of any seized items listed on the citation or other charging document.(2) All other judgments of conviction must order forfeiture of: (A) all fish and game seized under AS 16.05.190 and listed on the citation or other charging document,(B) all fish, or its fair market value, taken or retained as a result of a strict liability commercial fishing violation as provided in AS 16.05.722(b),(C) any seized items listed on the citation or other charging document if a statute or ordinance requires the item to be forfeited upon conviction, and(D) any other items ordered by the court to be forfeited when forfeiture is authorized by statute or ordinance.(3) Forfeited items shall be disposed of at the discretion of the prosecuting authority, unless otherwise ordered by the court.(d)Restitution. If the offense is a mandatory appearance offense, the court may order restitution as provided in AS 16.05.925(b) or any other statute or ordinance authorizing restitution. If the offense is a mandatory appearance offense, any default judgment entered must order payment of any applicable restitution listed in AS 16.05.925(b). As provided in AS 16.05.165(d), restitution under AS 16.05.925(b) may not be ordered for offenses for which bail has been forfeited under AS 16.05.165(c).(e)Court Costs for Default Judgments. A default judgment entered under Rule 9 must require the defendant to pay court costs in the amount of $35 per case. Court costs imposed under this rule must be deposited in the state general fund.(f)Collection Costs - All Judgments.(1) The defendant will be assessed $35 per case in collection costs if the judgment is transferred for collection against the defendant's Alaska Permanent Fund Dividend as provided in Administrative Bulletin 43. The court may waive this collection cost upon a showing of good cause. Collection costs imposed under this paragraph belong to the political entity that prosecuted the offense.(2) For execution procedures not covered under (1), the defendant will be assessed collection costs in the amount authorized by Civil Rule 69 and Administrative Rule 11.(g)Relief from Default Judgment.(1) Upon a motion filed within one year after entry of a default judgment under Rule 9(a), (b) or (c), the court may vacate the judgment if the defendant shows that either(A) there is a good reason for the failure to respond or appear and the defendant has a meritorious defense to the offense charged, or(B) the proceedings were not fair to the defendant because the defendant did not receive notice of the charge or the procedure for responding to the charge or that a default judgment would be entered if defendant did not respond to the charge.(2) If the judgment is vacated, the case must be set for trial unless the prosecution dismisses the case or, if the offense is correctable, the defendant shows proof of compliance with the law.(h)Authority of Clerk.(1) The clerk is authorized to enter judgments of conviction when a defendant mails or delivers to the clerk a plea of no contest, payment of the fine without a plea, fails to respond to a citation or summons, or fails to appear for trial.(2) The clerk is authorized to enter a judgment of conviction when a municipality files a request and affidavit for entry of judgment under Rule 5.1. (3) After entry of a judgment of conviction, the clerk may, upon request of the defendant, approve deferral of payment of the fine and surcharge for up to six months from the date of the request. This request does not need to be served on the prosecution.(4) The clerk is authorized to reduce a fine upon presentation of required proof under AS 04.16.049(i) or AS 04.16.050(c).(i)Disposition of Records of Conviction. The court system must transmit notice of conviction to the following agencies: (1) In the case of a motor vehicle offense, the conviction will be transmitted to the Department of Administration, Division of Motor Vehicles.(2) In the case of a fish and game violation, the conviction will be transmitted to the Department of Public Safety.(3) In the case of a commercial fishing violation, the conviction and sentence will be transmitted to the Commercial Fisheries Entry Commission as required by AS 16.43.880 and AS 16.43.970.Alaska R. Min. Off. P. 10
Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013; amended by SCO 1895 effective 11/1/2016; amended by SCO 1938 effective 1/1/2019.