Section 24.65.130. Powers.

   (a) Subject to the privileges recognized by court rule and statute of this state, the victims' advocate may compel by subpoena, at a specified time and place, the
        (1) appearance and sworn testimony of a person who the victims' advocate reasonably believes may be able to give information relating to a matter under investigation under AS 24.65.120; and
        (2) production by a person of a record or object that the victims' advocate reasonably believes may relate to the matter under investigation under AS 24.65.120.
   (b) If a person refuses to comply with a subpoena issued under (a) of this section, the superior court may, on application of the victims' advocate, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court.
   (c) This section does not authorize the victims' advocate to issue a subpoena to
        (1) a justice, judge, magistrate, or a law clerk acting under the direction of a justice, judge, or magistrate, concerning a judicial action or nonaction taken by, or under the direction of, the justice, judge, or magistrate;
        (2) a person acting under the direction of a justice, judge, or magistrate, other than a law clerk, concerning a judicial action or nonaction taken by, or under the direction of, a justice, judge, or magistrate except to establish the occurrence or nonoccurrence of the action or nonaction or the person's own actions or nonactions; this paragraph does not authorize the victims' advocate to inquire into the decision-making or thought process of the justice, judge, or magistrate;
        (3) a member of a jury concerning a matter that was considered by the jury;
        (4) the person accused or convicted of committing the crime that is the basis for the complaint, and investigation under AS 24.65.120, concerning a denial of rights or an attorney retained by the person or appointed by a court to represent the person;
        (5) a victim counselor concerning a matter made confidential by AS 18.66.200 - 18.66.250; or
        (6) a justice agency concerning records that lead to the disclosure of a confidential police informant.

Notes

Implemented As

23 AAC 10.100
23 AAC 10.110
23 AAC 10.120
23 AAC 10.200

References

23 AAC 10.110
23 AAC 10.120

History

(Sec. 19 ch 92 SLA 2001)