Alaska Del. R. 1

As amended through July 24, 2024
Rule 1 - Title - Scope - Construction - Situations Not Covered by the Rules
(a)Title. These rules will be known and cited as the Delinquency Rules.
(b)Scope. These rules govern practice and procedure in the trial courts in all phases of delinquency proceedings brought under AS 47.12.020.
(c)Construction. These rules will be construed and applied to promote fairness; accurate fact-finding; expeditious determination of juvenile matters; the best interests of the juvenile, including individualized care and treatment in the least restrictive placement, and the preservation of the juvenile's family life; and protection of the public.
(d)Legal Effect of Rules. These rules are promulgated pursuant to Alaska constitutional authority granting rulemaking power to the Alaska supreme court. To the extent that the rules are inconsistent with a procedural provision of any Alaska statute not enacted for the specific purpose of changing a rule, these rules supersede the statute to the extent of the inconsistency.
(e)Criminal Rules Applicable. Criminal Rules 17, 18 -- 20, 24, 25, 27 -- 31, 36, 40, 42, 43(a), 44, 46, 47, 50 and 53 apply to delinquency proceedings except to the extent that any provisions of these criminal rules conflict with the Delinquency Rules.
(f)Situations Not Covered by These Rules. If these rules do not prescribe a specific procedure, the court may proceed in any lawful manner, including application of the Civil or Criminal Rules, applicable statutes, the Alaska and United States Constitutions or the common law. Such a procedure may not be inconsistent with these rules and may not unduly delay or otherwise interfere with the unique character and purpose of delinquency proceedings.

Alaska Del. R. 1

SCO 845 effective 8/15/1987; amended by SCO 1104 effective 7/9/1992; and by SCO 1265 effective 7/15/1997; amended by SCO 1987 effective nunc pro tunc 7/1/2022.

CROSS REFERENCE: AS 22.10.020; AS 22.15.100(8); AS 47.06.020; AS 47.12.140; Alaska Constitution, Art. IV.