Section 22.10.020. Jurisdiction of the superior court.

   (a) The superior court is the trial court of general jurisdiction, with original jurisdiction in all civil and criminal matters, including probate and guardianship of minors and incompetents. Except for a petition for a protective order under AS 18.66.100 - 18.66.180, an action that falls within the concurrent jurisdiction of the superior court and the district court may not be filed in the superior court, except as provided by rules of the supreme court.
   (b) The jurisdiction of the superior court extends over the whole of the state.
   (c) The superior court and its judges may issue injunctions, writs of review, mandamus, prohibition, habeas corpus, and all other writs necessary or proper to the complete exercise of its jurisdiction.  A writ of habeas corpus may be made returnable before any judge of the superior court.
   (d) The superior court has jurisdiction in all matters appealed to it from a subordinate court, or administrative agency when appeal is provided by law, and has jurisdiction over petitions for relief in administrative matters under AS 44.62.305. The hearings on appeal from a final order or judgment of a subordinate court or administrative agency, except an appeal under AS 43.05.242, shall be on the record unless the superior court, in its discretion, grants a trial de novo, in whole or in part. The hearings on appeal from a final order or judgment under AS 43.05.242 shall be on the record.
   (e) An appeal to the superior court is a matter of right, but an appeal from a subordinate court may not be taken by the defendant in a criminal case after a plea of guilty, except on the ground that the sentence was excessive. The state's right of appeal in criminal cases is limited by the prohibitions against double jeopardy contained in the United States Constitution and the Alaska Constitution.
   (f) An appeal to the superior court may be taken on the ground that an unsuspended sentence of imprisonment exceeding 120 days was excessive and the superior court in the exercise of this jurisdiction has the power to reduce the sentence. The state may appeal a sentence on the ground that it is too lenient. When a sentence is appealed on the ground that it is too lenient, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
   (g) In case of an actual controversy in the state, the superior court, upon the filing of an appropriate pleading, may declare the rights and legal relations of an interested party seeking the declaration, whether or not further relief is or could be sought.  The declaration has the force and effect of a final judgment or decree and is reviewable as such.  Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against an adverse party whose rights have been determined by the judgment.
   (h)  [Renumbered as AS 22.10.025(a)]. 
   (i) The superior court is the court of original jurisdiction over all causes of action arising under the provisions of AS 18.80.  A person who is injured or aggrieved by an act, practice, or policy which is prohibited under AS 18.80 may apply to the superior court for relief. The person aggrieved or injured may maintain an action on behalf of that person or on behalf of a class consisting of all persons who are aggrieved or injured by the act, practice, or policy giving rise to the action. In an action brought under this subsection, the court may grant relief as to any act, practice, or policy of the defendant which is prohibited by AS 18.80, regardless of whether each act, practice, or policy, with respect to which relief is granted, directly affects the plaintiff, so long as a class or members of a class of which the plaintiff is a member are or may be aggrieved or injured by the act, practice, or policy. The court may enjoin any act, practice, or policy which is illegal under AS 18.80 and may order any other relief, including the payment of money, that is appropriate.

Authorities

9.35.142;18.80.145;22.05.010;38.35.200

Notes

Recent Bills that will modify this

HB 296 WAGE DISCRIMINATION BASED ON GENDER
SB 153 WAGE DISCRIMINATION BASED ON GENDER

References

3 AAC 92.010
5 AAC 41.390
6 AAC 25.460
6 AAC 25.470
AS 9.35.142 .142">Sec. 09.35.142. Action to establish newspaper or Internet website status.
AS 18.80.145 Intervention by State Commission for Human Rights.
AS 22.05.010 Jurisdiction.
AS 38.35.200 Judicial review.

History

(Sec. 17(1), (2) ch 50 SLA 1959; am Sec. 2 ch 117 SLA 1969; am Sec. 1 ch 240 SLA 1970; am Sec. 3 ch 70 SLA 1972; am Sec. 8 ch 12 SLA 1980; am Sec. 78 ch 6 SLA 1984; am Sec. 2 ch 17 SLA 1985; am Sec. 3, 4 ch 71 SLA 1993; am Sec. 13 ch 79 SLA 1995; am Sec. 34 ch 64 SLA 1996; am Sec. 4 ch 108 SLA 1996; am Sec. 1 ch 166 SLA 2004)