Rule 4. Appointment and Authority of Masters

Appointment and Authority of Masters. (a) Appointment. The presiding judge may appoint a standing master to conduct any or all of the delinquency proceedings listed in subparagraph (b)(2). Appointments of standing masters must be reviewed annually. The presiding judge may appoint a special master to conduct a proceeding which is specified in the order of reference and is listed in subparagraph (b)(2). (b) Authority, Order of Reference. (1) An order of reference specifying the extent of the master’s authority and the type of appointment must be entered in every case assigned to a master. The order of reference must be served on all parties. (2) The following proceedings may be referred to a master: (A) temporary detention and arraignment proceedings; (B) interim hearings, including detention review, change of plea and pre-trial conferences; (C) non-jury adjudication hearings and disposition hearings resulting from a non-jury adjudication, provided all parties stipulate to both hearings before the master; (D) disposition following an admit plea, post-disposition review, probation revocation and extension of custody hearings. (3) A master’s report is not binding until approved by a superior court judge pursuant to Civil Rule 53(d) and paragraph (f) of this rule, except: (A) a master may enter orders without further approval of the superior court pursuant to Civil Rule 53(b) and (c), and by paragraph (d) of this rule; and (B) a master’s order of detention or placement outside the home is effective pending superior court review. (c) Objection to Reference to a Master. The prosecution and the defense are entitled as a matter of right to a change of one judge and one master pursuant to the procedures stated in Criminal Rule 25(d). In addition, a party may file an objection to a case or proceeding being referred to a master in the following manner: (1) Timeliness. A party may file an objection no later than five days after receiving notice of the order of reference. (2) Grounds for Objection. An objection to the assignment of a master to hear a probation revocation hearing or an extension of custody hearing under Delinquent Rules 24 and 25(c) will be granted as a matter of right. Any other objection must set forth sufficient grounds from which the court may determine whether good cause exists to remove the matter from the master’s jurisdiction. Good cause may include involvement of (i) complex questions of law which require a decision by a superior court judge or (ii) questions requiring prompt resolution which would be seriously impaired by a reference to a master. (d) Standing Master’s Authority to Enter Orders. A standing master is authorized to take the following actions without further approval by a superior court judge: (1) issue an arrest warrant; (2) appoint counsel or a guardian ad litem for the juvenile; (3) order home studies, predisposition reports, and psychological or psychiatric evaluations; (4) set hearings and order continuances of hearings held before the master; (5) decide motions requesting expedited review pursuant to Civil Rule 77(g); (6) accept and approve stipulations, except that stipulated adjudications or dispositions must be reviewed by a superior court judge; (7) review and approve uncontested orders on annual review under Delinquency Rule 25(a); (8) order release from detention and set conditions of release pursuant to Delinquency Rule 12(c); and (9) order conditions of probation for minors placed on probation or released from institutionalization. (e) Master’s Report, Recommendations. A master may issue a written report or oral findings on the record concerning an order or recommendation which must be approved by a superior court judge. The master shall advise the parties on the record of their right to file objections to any such report or recommendation pursuant to paragraph (f) of this rule. (f) Objections to Master’s Report, Recommenda- tions. (1) Objections, Reply, Oral Argument. Objections to a master’s report or recommendation must be filed within 10 days of entry of the findings or service of the report unless the court requires objection to be filed earlier. In the case of a recommendation rendered orally on record where a party requests an electronic recording of the recommendation, the time period for objection runs from receipt of the recording. A reply to the objections must be filed within three days of service of the objections. The superior court may permit oral argument, order the taking of further evidence, or grant a hearing de novo. (2) Request for Stay, Immediate Review. A party may request that a superior court judge stay a master’s order issued under paragraph (d) pending review of the order. (3) Review of Detention or Placement Outside the Home Order. A master’s order for detention or placement outside the home which is not stayed must be reviewed by the superior court by the end of the next working day if a party so requests. 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 4(f)(3) 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.