Alaska

Criminal Procedure

Criminal Procedure

Rule 18 – Venue: Place of Trial

(a) Venue Districts. The venue map promulgated by the supreme court establishes the district and superior court venue districts and the presumptive trial site for each district. The venue map includes a chart listing each community that appears on the map along with each community’s presumptive district court trial site and presumptive superior court trial site.
(b)Determination of Trial Location.

(1) Initial Assignment. A criminal case must be initially assigned for trial at the presumptive trial site for the district or superior court venue district, as determined by reference to the venue map and community chart described in (a) of this rule, in which the crime is alleged to have occurred.
(2) Transfer to Approved Additional Trial Site. As provided in (e) of this rule, the defendant may cause venue to be transferred to a trial site on the list of approved additional trial sites described in (d) of this rule.
(3) Change of Venue. Either party may move to change venue as provided in (g) of this rule.
(c) Additional Trial Site Standards. Subject to supreme court approval, the administrative director shall devise and promulgate an administrative bulletin establishing minimum standards for additional trial sites, including standards for courtroom needs and standards for transportation, housing, and feeding of all trial participants.
(d)List of Approved Additional Trial Sites. The administrative director shall promulgate an administrative bulletin listing approved additional trial sites for six- and twelve-person juries meeting the standards established under (c) of this rule. Changes in the list may be made as follows:

(1) A presiding judge, area court administrator, town council, or similar public representative group, or the attorney general, the public defender, or the public advocate may ask the administrative director for an investigation to determine whether a community should be added to or deleted from the list.
(2) The administrative director will distribute the list of approved additional trial sites to the attorney general, the public defender, and the public advocate.
(e)Motion To Transfer by Right. After assignment to the presumptive trial site, a defendant may move by right for the setting of venue in an approved additional trial site within the venue district where the crime charged is alleged to have occurred if such site is the trial site nearest the place where the crime charged is alleged to have occurred. This right is waived unless the defendant requests the transfer within ten days after the defendant enters a plea, absent good cause for an extension of this time limit.
(f) Fair Cross-Section. If the trial location assignment under the above subsections will not provide a petit jury which is a representative cross-section of the appropriate community, the trial court on its own motion or that of a party may change the jury selection area as provided in Administrative Rule 15(h)(3).
(g) Change of Venue. Any other motion for a change of venue shall be determined under the standards listed in AS 22.10.040.
(h) Limitations of Rule. The presumptive trial sites established by this rule do not determine the court location where a criminal case must be filed or the court location where pretrial proceedings take place.

Alaska R. Crim. P. 18

Adopted by SCO 4 effective October 4, 1959; amended by SCO 136 effective September 2, 1971; by SCO 157 effective February 15, 1973; by SCO 666 effective January 1, 1986; by SCO 670 effective March 15, 1986; SCO 682 effective May 15, 1986; by SCO 1334 effective July 15, 1998; by SCO 1348 effective October 1, 1998; by SCO 1644 effective October 15, 2007; and by SCO 1645 effective July 1, 2007; and by SCO 1754 effective October 14, 2011; by SCO 1837 effective July 15, 2014; and by SCO 1846 effective January 1, 2015; by SCO 1860 effective October 15, 2015; and by SCO 1870(3) effective May 15, 2016; amended by SCO 1917 effective January 1, 2018; amended by SCO 1933 effective October 15, 2018.

A map of venue districts for the Alaska Court System may be purchased from the office of the court rules attorney, 820 W. 4th Ave., Anchorage, AK 99501 (907) 264-8231.

Administrative Bulletin 28 establishes the minimum standards for additional trial site locations, and is available in law libraries, and from the office of the court rules attorney.

Administrative Bulletin 27 lists approved additional trial site locations

Note: The boundaries of the Anchorage venue district, the Seward venue district, and the Kenai venue district were changed by SCO 1348 effective October 1, 1998. A copy of this order is available in law libraries and from the court rules attorney.

Note: The venue map promulgated by the supreme court and the community chart referenced in subsection (a) of this rule are available on the Alaska Court System website at http://www.courts.alaska.gov/venuemapinfo.htm.

Venue map and community chart