Delinquency Rule 1
Rule 1. Title—Scope—Construction—Situations Not Covered by the Rules
Cite as Alaska Delinq. R. 1
(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.
Cross References
CROSS REFERENCE: AS 22.10.020; AS 22.15.100(8); AS
47.06.020; AS 47.12.140; Alaska Constitution, Art. IV