Rule 3. Hearings

(a) Notice. Notice of each hearing must be given to all parties and to any foster parent within a reasonable time before the hearing. Notice to the foster parent must be provided by the Department. (b) Presence of Juvenile and Other Parties. The presence of the juvenile is required unless the juvenile: (1) waives the right to be present and the juvenile’s presence is excused by the court; or (2) engages in conduct which justifies exclusion from the courtroom. The presence of the parent or guardian is required unless excused by the court for good cause. (c) Admission to Hearings. The court in all cases shall admit victims of the juvenile’s offense to hearings as required by AS 47.12 and shall admit foster parents to hearings subject to paragraph (d) of this rule. The court has discretion in all cases to admit specific individuals to a hearing if their attendance is compatible with the best interests of the juvenile. Hearings are open to the general public if: (1) requested by the juvenile; (2) the court orders the hearing open to the public pursuant to a request by the department under AS 47.12.110(d)(1); or (3) the juvenile is subject to dual sentencing. In such cases, hearings are open to the general public, unless otherwise limited or prohibited by court order, if (A) a petition has been filed under AS 47.12.065 and the grand jury has returned an indictment or the juvenile has waived indictment; or (B) the juvenile has agreed as part of a plea agreement to be subject to dual sentencing. (d) Exclusion of Witnesses. Witnesses may be excluded from a hearing pursuant to Evidence Rule 615. (e) Telephonic and Televised Participation. (1) The juvenile has the right to be physically present in court for arraignment, adjudication, disposition, probation revocation, extension of jurisdiction, and waiver of jurisdiction hearings; however, the juvenile may waive the right to be present. At all other hearings, the court, upon application of any party, may allow telephonic participation by the juvenile if the juvenile’s personal appearance is not essential to the fair disposition of the matter, telephonic participation is not unfair to the juvenile, and personal contact between counsel and the juvenile is not needed for case preparation. The court has discretion to allow telephonic participation by other parties. The juvenile’s waiver of the right to be physically present may be obtained orally on the record or in writing. (2) The court may allow telephonic participation of witnesses only upon stipulation of the juvenile and the Department, except that the court may allow telephonic participation of witnesses without the consent of the parties at disposition, disposition review or temporary detention hearings. (3) In those court locations in which a television system has been approved by the supreme court and has been installed, juveniles in custody may appear by way of television with the consent of the juvenile and with the approval of the court for hearings in which the juvenile has a right to be physically present under (1) of this section. If the court has allowed telephonic participation by the juvenile in a hearing, participation may also be by television. Appearance by television or telephone shall not be allowed at adjudication trials or at any hearings in which sworn testimony is to be presented. (f) Testimony Under Oath. All testimony must be given under oath or affirmation as required by Evidence Rule 603. (g) Representation by Non-Attorney. A guardian ad litem need not be represented by an attorney unless the court, for good cause, requires representation by an attorney. Note: Paragraph (c) was amended by ch. 57, § 21, SLA 1991. Note to SCO 1269: Delinquency Rule 3(b)(2) was amend- ed by § 5 ch. 144 SLA 1996. Section 23 of this order is adopted for the sole reason that the legislature has mandated the amendment. Note: Chapter 70 SLA 2005 (SB 154) enacted changes concerning proceedings relating to delinquent minors. According to section 10 of the Act, the changes made by sections 1-8 of the Act have the effect of amending Delinquency Rule 3(b) and (c) by requiring the court to conform the rule to the statutory changes to acknowledge the inclusion of certain persons 18 years of age or over as minors under AS 47.12 and AS 47.14 and to acknowledge the special statutory provisions contained in sections 1-8 of the Act applicable to those persons. Cross References CROSS REFERENCE: AS 47.12.110. PART II. MASTERS, MAGISTRATE JUDGES, DISTRICT COURT JUDGES