Alaska

Criminal Procedure

Criminal Procedure

Rule 10 – Felony Arraignment in Superior Court

(a)Generally. Arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The defendant may appear by use of telephonic or contemporaneous two-way videoconference equipment pursuant to Criminal Rules 38.1 and 38.2.
(b)Defendant’s Name.

(1) When arraigned, the defendant shall be informed of the name which appears in the indictment or information.
(2) The defendant shall then be given the opportunity to declare the defendant’s true name.

(i) If the defendant states that another name is the defendant’s true name, the court shall direct entry thereof to be made in the record. Subsequent proceedings on the indictment or information shall be had against the defendant by both the declared true name and the name which appears on the indictment or information.
(ii) If the defendant declares no other name to be the defendant’s true name, the case against the defendant shall proceed under the name which appears in the indictment or information.
(c)Peremptory Disqualification of the Judge. At the arraignment any defendant who has waived counsel shall be advised that the defendant may peremptorily disqualify the judge to whom the defendant’s case has been assigned on the grounds that the defendant believes the defendant cannot obtain a fair and impartial trial before that judge. In any court in the state where a master calendar system has been adopted, a defendant who has waived counsel shall be advised at the arraignment that the defendant may give notice of change of judge under Rule 25(d).

Alaska R. Crim. P. 10

Adopted by SCO 4 October 4, 1959; amended by SCO 49 effective January 1, 1963; amended by SCO 157 effective February 15, 1973; by SCO 255 effective December 30, 1976; by SCO 589 effective January 1, 1984; by SCO 606 effective October 4, 1984; by SCO 660 effective November 7, 1985; by SCO 719 effective August 1, 1986; and by SCO 1153 effective July 15, 1994; amended June 24, 2013, effective October 1, 2013; SCO 1951 effective July 9, 2019.