Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
Below are the court rules that meet your search criteria.
|State||Citation||Description/Statute Name||Language from the rule||When does the rule apply?|
|Alaska||Alaska R. Crim. P. 32.6(d)||Judgment for Restitution||
Hearing Regarding Payment Schedule. A defendant who is unable to pay restitution because of financial circumstances may request a hearing to ask the court to modify the restitution payment schedule.+ See more
If the court holds a hearing and the defendant proves by a preponderance of the evidence that the defendant is unable through good faith efforts to satisfy the payment schedule in the judgment for restitution, the court may modify the payment schedule, but may not reduce the amount of restitution.
|Ability to pay|
|Alaska||Alaska R. Crim. P. 32.6(e)||Judgment for Restitution||
Civil execution to enforce the judgment may issue if restitution is ordered to be paid by a specified date and defendant fails to make full payment by that date. If+ See more
restitution is ordered to be paid in specified installments and defendant fails to make one or more installment payments, civil execution to collect the entire remaining balance may issue. The automatic stays on enforcement provided in Civil Rule 62(a) and District Court Civil Rule 24(a) do not apply to the enforcement of restitution judgments.
|Fines and fees|
|Alaska||Alaska R. Crim. P. 32.6(f)||Judgment for Restitution||
Upon issuance of a judgment for restitution in cases prosecuted by the state, the court will send, either on paper or electronically, a copy of the judgment to the Collections+ See more
Unit of the Department of Law. The court will also send the name, address, birth date, and social security number of each victim or other person entitled to restitution and each defendant, to the extent the court has the information. (2) If payment for restitution is tendered to the court, the court shall accept the tendered payment. If the victim or other person entitled to restitution has elected to proceed through the Collections Unit, the court shall forward the payment to the Collections Unit within five days after clearance of the payment tendered to the court.
|Alaska||Alaska R. Crim. P. 38(c)(2)||Presence of the Defendant||
In prosecutions for offenses punishable by fine or by imprisonment for not more than one year or both, the court, with the written consent of the defendant, may permit arraignment,+ See more
plea, trial, and imposition of sentence in the defendant's absence;
|Fines and fees|
|Alaska||Alaska R. Crim. P. 39||Appointment of Counsel||
(a) Informing Defendant of Right to Counsel. The court shall advise a defendant who appears without counsel for arraignment, change of plea, or trial of the right to be represented+ See more
by counsel, and ask if the defendant desires the aid of counsel. The court shall not allow a defendant to proceed without an attorney unless the defendant understands the benefits of counsel and knowingly waives the right to counsel.(b) Appointment of Counsel for Persons Financially Unable to Employ Counsel. (1) If a defendant desires the aid of counsel but claims a financial inability to employ counsel, the court or its designee shall determine whether the defendant is eligible for court-appointed counsel under Criminal Rule 39.1. (2) Before the court appoints counsel for an indigent defendant at public expense, the court shall advise the defendant that the defendant will be ordered to repay the prosecuting authority for the cost of appointed counsel, in accordance with paragraph (d) of this rule, if the defendant is convicted of an offense. The court may enter such orders as appear reasonably necessary to prevent the defendant from dissipating assets to avoid payment of this cost. (3) If the court or its designee determines that a defendant is eligible for court-appointed counsel under Criminal Rule 39.1, the court shall appoint counsel pursuant to Administrative Rule 12 and notify counsel of the appointment. (4) In the absence of a request by a defendant otherwise entitled to appointment of counsel, the court shall appoint counsel unless the court finds that the defendant understands the benefits of counsel and knowingly waives the right to counsel. (5) If the trial court denies a defendant's request for appointed counsel, the defendant may request review of this decision by the presiding judge of the judicial district by filing a motion with the trial court within three days after the date of notice, as defined in Criminal Rule 32.3(c), of the denial. The trial court shall forward the motion, relevant materials from the court file, and an electronic recording of any relevant proceedings to the presiding judge. The presiding judge or his or her designee shall issue a decision within three days of receipt of these materials. (c) Costs of Appointed Counsel. (1) Entry of Judgment. (A) At the time of sentencing, revocation of probation, denial of a motion to withdraw plea, and denial of an application brought under Criminal Rule 35.1, the court shall inquire whether there is good cause why the court should not enter judgment for the cost of appointed counsel in the amount set out in subsection (d) of this rule. If no one asserts good cause to reduce the amount called for in subsection (d), the court shall enter judgment against the defendant in that amount. If it is alleged that there is good cause to reduce the normal amount, the court may either decide the issue at that time and enter judgment accordingly or schedule another hearing to consider the issue. (B) If the court finds that the actual cost of appointed counsel is less than the amount of payment called for in subsection (d), the court shall not enter judgment in an amount greater than the actual cost of counsel. (C) The judgment must be in writing. A copy of the judgment must be served on the defendant. The judgment bears interest at the rate specified in AS 09.30.070(a) from the date judgment is entered. The court shall order the defendant to apply for permanent fund dividends every year in which the defendant qualifies for the dividend until the judgment is paid in full. (2) Collection. (A) The judgment has the same force and effect as a judgment in a civil action in favor of the prosecuting authority and is subject to execution. (B) All proceedings to enforce the judgment shall be in accordance with the statutes and court rules applicable to civil judgments. The judgment is not enforceable by contempt. Payment of the judgment may not be made a condition of a defendant's probation. Default or failure to pay the judgment may not affect or reduce the rendering of services on appeal or any other phase of a defendant's case in any way. A defendant does not have a right to be represented by appointed counsel in connection with proceedings under paragraph 39(c) or any proceedings to collect the judgment. (C) Upon showing of financial hardship, the court shall allow a defendant subject to a judgment under this rule to make payments under a repayment schedule. A defendant may petition the court at any time for remission, reduction or deferral of the unpaid portion of the judgment. The court may remit or reduce the balance owing on the judgment or change the method of payment if the payment would impose manifest hardship on the defendant or the defendant's immediate family. (D) Notwithstanding section 39(c)(2)(B), a defendant may be held in contempt for failing to comply with an order under this rule to apply for a permanent fund dividend. (3) Appeal. (A) If the defendant appeals the conviction, enforcement of the judgment may be stayed by the trial court or the appellate court upon such terms as the court deems proper. (B) If the defendant's conviction is reversed, the clerk shall vacate the judgment and order the prosecuting authority to repay all sums paid in satisfaction of the judgment, plus interest at the rate specified in AS 09.30.070(a). (d) Schedule of Costs. Except for good cause shown as provided in paragraph (c)(1), the following schedules govern the assessment of costs of appointed counsel under subsection (c). If a defendant is convicted of more than one offense in a single dispositive court proceeding, costs shall be based on the most serious offense of which the defendant is convicted. If a defendant is otherwise convicted of more than one offense, costs shall be separately assessed for each conviction. For good cause shown, the court may waive the schedule of costs and assess fees up to the actual cost of appointed counsel, including actual expenses. (e) Review of Defendant's Financial Condition. (1) The court may review a defendant's financial status at any time after appointment of counsel to determine (A) whether the defendant continues to be eligible for court-appointed counsel under Criminal Rule 39.1; or (B) whether the defendant was eligible for court-appointed counsel when the appointment was made. (2) If the court determines that a defendant is no longer eligible for court-appointed counsel under Criminal Rule 39.1, the court may (A) terminate the appointment; or (B) continue the appointment and, at the conclusion of the criminal proceedings against the defendant in the trial court, enter judgment against the defendant for the actual cost of appointed counsel, including actual expenses, from the date of the change in the defendant's financial status through the conclusion of the trial court proceedings. (3) If the court determines that a defendant was not eligible for court-appointed counsel when the appointment was made, the court may (A) terminate the appointment and enter judgment against the defendant for the actual costs of appointed counsel, including actual expenses, from the date of appointment through the date of termination; or (B) continue the appointment and, at the conclusion of the criminal proceedings against the defendant in the trial court, enter judgment against the defendant for the actual cost of appointed counsel from the date of the appointment through the conclusion of the trial court proceedings. (4) A defendant may request review of the court's decision to terminate the appointment according to the procedure set out in subparagraph 39(b)(5). (5) Judgment may be entered against a defendant under this paragraph regardless of whether the defendant is convicted of an offense.
|Ability to pay|
|Alaska||Alaska R. Crim. P. 50||Attorneys||
Appearance by Counsel--Withdrawal. In all criminal actions, counsel retained to represent the accused shall, immediately after being retained, file with the clerk a formal written appearance. The Rules of Civil+ See more
Procedure relating to the withdrawal of an attorney for a party shall apply to attorneys retained to represent an accused in a criminal actions. If review is sought of a final judgment in a criminal case or a final order resolving a post-conviction relief action, counsel will not be permitted to withdraw unless a different attorney has entered the case or until the notice of appeal or petition and the initial documents required to be filed under Appellate Rule 204(b), Appellate Rule 215(c), or Appellate Rule 403(h) have been accepted for filing by the clerk of the appellate courts as provided in Appellate Rule 517.1(f)(1)(A), or unless the appellate court otherwise allows.(b) Civil Rules to Apply. All other provisions of the Rules of Civil Procedure relating to attorneys, regarding examining witnesses, counsel as a witness, non-resident attorneys, and disbarment and discipline, shall apply to practice in criminal actions in the courts of the state. (c) Penalties. After giving the attorney reasonable notice and an opportunity to be heard, the court may impose against any attorney a fine not to exceed $500.00 for failure to comply with these rules or any other rules of court.
|Ability to pay|
|Alaska||Alaska R. App. P. 204(c)(2)||Appeal: Time--Notice--Bonds||
Notwithstanding subparagraph (1), a bond for costs on appeal shall not be required in an appeal from a decision of the trial court in any criminal case or any civil+ See more
case where an indigent party is entitled to court-appointed counsel, and a bond shall not be required from an employee appealing from a denial of compensation by the Alaska Workers' Compensation Appeals Commission or from a denial of a claim for benefits under AS 23.20 (Employment Security Act).
|Ability to pay|
|Alaska||Alaska R. App. P. 206(a)(2)||Stay of Execution and Release Pending Appeal in Criminal Cases||
A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the trial court or by the appellate court upon such+ See more
terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the trial court or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating assets.
|Fines and fees|
|Alaska||Alaska R. App. P. 209(b)||Appeals at Public Expense||
(1) In criminal matters the appellate court shall authorize appeals and petitions for review at public expense on behalf of defendants who are “indigent,” as defined by statute, in accordance+ See more
with the rules and decisions of the appellate courts of Alaska, and where such proceedings are required to be provided by state courts by decisions of the Supreme Court of the United States. Where an appeal or petition for review at public expense is authorized by the court, the costs which shall be borne at public expense include those of providing counsel and of preparing a transcript and briefs.(2) If a defendant is allowed to proceed at public expense, the clerk of the appellate courts shall send the defendant a written notice and order, to the address provided under Appellate Rule 204(b), that (A) advises defendant that, if the defendant's conviction is not reversed, the defendant will be ordered to repay the prosecuting authority for the cost of appointed appellate counsel, in accordance with the schedule of costs set out in subparagraph 209(b)(6); and (B) orders the defendant to apply for permanent fund dividends every year in which the defendant qualifies for a dividend until the cost is paid in full. (3) A defendant authorized to proceed at public expense in the trial court is presumed to be entitled to appeal or petition for review at public expense. (4) Counsel appointed to represent a defendant in the trial court pursuant to Criminal Rule 39 shall remain as appointed counsel throughout an appeal or petition for review at public expense authorized under this paragraph and shall not be permitted to withdraw except upon the grounds authorized in Appellate Rule 517.1 An attorney appointed by the court under Administrative Rule 12(b)(1)(B) will be permitted to withdraw upon a showing that either the Public Defender Agency or the Office of Public Advocacy is able to represent the defendant in the appellate proceeding. (5) At the conclusion of the appellate proceeding, the clerk of the appellate courts shall enter judgment against the defendant for the cost of appointed appellate counsel unless the defendant's conviction was reversed by the appellate court. The amount of the judgment shall be determined by reference to the schedule in subparagraph 209(b)(6). Before entering judgment, the clerk shall mail, to the defendant's address of record, a notice that sets out the amount of the proposed judgment. The defendant may oppose entry of the judgment by filing a written opposition within 45 days after the date shown in the clerk's certificate of distribution on the notice. The opposition shall specifically set out the grounds for opposing entry of judgment. The prosecuting authority may oppose the amount of the judgment by filing a written opposition within the same deadline. Criminal Rule 39(c)(1)(B)-(C) and (c)(2) shall apply to judgments entered under this subparagraph.
|Ability to pay|
|Alaska||Alaska R. App. P. 603(b)||Stays||
If a sentence of imprisonment is imposed, the court may admit the defendant to bail and stay the sentence as provided by law and by these rules, pending appeal.+ See more
A sentence to pay a fine or a fine and costs may be stayed, if an appeal is taken, by the district judge or magistrate judge or by the superior court upon such terms as the court deems proper. During appeal the court may require the defendant to deposit the whole or any part of the fine and costs in the registry of the superior court, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make an appropriate order to restrain the defendant from dissipating his or her assets. An order placing the defendant on probation will be stayed if an appeal is taken.
|Ability to pay|
|Alaska||Ak. R. Admin. 10||Exemption From Payment of Fees--Determination of Indigency||
(a) The determination of a person's indigency for purposes of exemption from payment of fees under Rule 9(f)(1) shall be made by the court in which the action is filed+ See more
as soon as practicable after the date the action is filed, but in no event more than 60 days after that date.(b) A person who requests an exemption of fees shall file an indigency statement on a form prescribed by the administrative director of courts, except that a person represented by an attorney furnished by the Alaska Legal Services Corporation, the Alaska Pro Bono Program, the Alaska Network on Domestic Violence and Sexual Assault Pro Bono Program, or the Alaska Native Justice Center need not file such a form. (c) If a person files the documents required by subparagraph (b) of this rule, or is represented by an attorney furnished by the Alaska Legal Services Corporation, the Alaska Pro Bono Program, the Alaska Network on Domestic Violence and Sexual Assault Pro Bono Program, or the Alaska Native Justice Center, the clerk or magistrate judge shall accept the pleadings for filing without payment of the filing fee. (d) If the court finds that the person is not indigent, it shall order the person to pay the filing fee. The court may continue the action until such payment is made. If payment is not made within 30 days after notice of the order, the court may dismiss the action. (e) The provisions of this rule do not apply to an exemption from payment of filing fees in litigation against the state. In this paragraph, “litigation against the state” has the meaning given in AS 09.19.100.
|Ability to pay|