(a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule. The index must show the party's name, the case number, the case caption or title, the filing date, the case type, and other information required for that case type by court rule. The index may show the party's date of birth. The index shall be an accurate chronological record of the case's filings and events as they actually occurred in the case. If subsequent case filings amend or purport to correct a prior filing or event, the existence of the initial filing or event having occurred shall be maintained along with the amended filing, so that the index is at all times a record of actual filings and events in the case. The court system shall publish a public version of the index on the court system's website, which excludes only (1) cases designated as confidential or sealed by statute, court rule, or court order under Administrative Rule 37.6, court rule, unless the index to those cases is public under court rules;(2) foreign domestic violence protective orders filed under AS 18.66.140; (3) criminal cases dismissed because the prosecuting authority declined to file a charging document;(4) criminal cases dismissed for lack of probable cause under Criminal Rule 4(a)(1) or Criminal Rule 5(d);(5) criminal cases dismissed for an identity error under Criminal Rule 43(d);(6) criminal cases dismissed because the named defendant is a minor wrongly charged in adult court with an offense within the jurisdiction for delinquency proceedings under AS 47.12.020; (7) minor offense cases dismissed because the prosecuting authority declined to file a charging document;(8) minor offense cases dismissed for an identity error under Minor Offense Rule 11(c);(9) domestic violence protective order cases that are closed and in which no protective order was issued;(10) stalking or sexual assault protective order cases that are closed and in which no protective order was issued; (11) party names protected under paragraphs (b) or (c) of this rule. The court system shall continue to list a case on the public index even though the case file has been sealed or made confidential under Administrative Rule 37.6, unless the party names were protected under paragraphs (b) or (c) of this rule. The public index will be available to the public in electronic form except as limited by Administrative Rule 37.8.
(12) cases, that are required to be excluded or removed from the public index by statute;(13) criminal cases in which the defendant received a suspended imposition of sentence (SIS) for a conviction in accordance with AS 12.55.085, and the conviction was subsequently set aside by the court after the defendant successfully completed the terms of the sentence; this provision applies only if, singularly or combined, the defendant was acquitted of all other charges in the same case or all other charges in the same case were dismissed or set aside after an SIS was imposed and the defendant successfully completed the terms of the sentence; and(14) cases in which the defendant was charged with an offense under AS 04.16.049, 04.16.050, 04.16.060(g), 28.35.280, 28.35.285, 28.35.290, or a similar municipal ordinance (whether the case was classified as a criminal case, minor offense case, or underage alcohol case and regardless of the disposition of the case), if the offense was charged in a separate action and not joined with any other minor offense or criminal charge at the time of filing; and(15) cases in which the defendant was convicted of possessing less than one ounce of marijuana under AS 11.71.060, or a prior version of that statute that criminalized the same conduct, or a municipal ordinance that criminalized that same conduct if (A) the defendant was 21 years of age or older at the time of the offense, and (B) the defendant was not convicted of any other criminal charges in that same case. The public index will be available to the public in electronic form on the court system's website except as limited by Administrative Rule 37.8.
(b) The presiding judge of a judicial district may direct the clerk of court to substitute "Not Published" for a partys true name on the public index if the presiding judge finds that the issues in the case involve matters of a sensitive and highly personal nature, that publication of the name could expose a person to harassment, injury, ridicule, or personal embarrassment, and that protection of the partys name outweighs the publics interest in disclosure and any prejudice to the opposing party. If the presiding judge determines that the true name of more than one party in a case should be protected under this subsection, the parties shall be distinguished by number ("Not Published 1, Not Published 2"). While a request to protect the name is pending before the presiding judge, subsection (d) applies. To make a finding that protection of a party's name outweighs the public's interest in disclosure under this subsection, the presiding judge must identify a basis for protecting the party name that is particular to the case being considered and distinguishes that party's individual interest in protecting disclosure from the interests of persons affected by disclosure in similar case types, being mindful of the general public access provision in Administrative Rule 37.5(d).(c) The presiding judge of a judicial district may direct the clerk of court to remove a party's name from the public index for a period of five years if the presiding judge finds that publication of the name is likely to result in substantial physical harm to the party or members of the party's household and protection of the party's name outweighs the public's interest in disclosure. After five years, the party's name will appear on the public index unless the presiding judge orders the name protected for an additional period of time, upon another showing that publication of the name is likely to result in substantial physical harm to the party or members of the party's household. While a request to protect the name is pending before the presiding judge, subsection (d) applies. To make a finding that protection of a party's name outweighs the public's interest in disclosure under this subsection, the presiding judge must identify a basis for protecting the party name that is particular to the case being considered and distinguishes that party's individual interest in protecting disclosure from the interests of persons affected by disclosure in similar case types, being mindful of the general public access provision in Administrative Rule 37.5(d).(d) Unless otherwise ordered, while a request under subsection (b) or (c) is pending, (1) the party's name will not be added to the public index if the request is made with or in the filing that initiates the case; and(2) the party's name will remain on the public index if the request is made in an existing case.Adopted by SCO 1622 effective 10/15/2006; amended by SCO 1633 effective 5/15/2007; amended by SCO 1822 effective 8/1/2014; by SCO 1844 effective 10/29/2014; and by SCO 1899 effective 1/1/2017; amended by SCO 1937 effective 11/1/2018; amended by SCO 1948 effective 10/15/2019; amended by SCO 1948 effective 4/15/2021; amended by SCO 1983 effective 10/17/2022; amended by SCO 2001 effective 5/1/2023; amended by SCO 2006 effective nunc pro tunc 5/1/2023; amended by SCO 2015 effective 1/1/2024.Note to SCO 1822 -adding new paragraphs (a)(3) to (a)(9): This rule change applies to cases that were dismissed or closed prior to its effective date.
Note to SCO 1937 -amending paragraphs (a)(9) and (a)(10): This rule change applies to cases that were dismissed or closed prior to its effective date.
Note to SCO 1936 -adding new paragraphs (a)(13) and (a)(14): This rule change applies to cases that were dismissed or closed prior to its effective date.