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Rule 28. Judicial Vacations and Judicial Leave.
(a) Vacation Leave. Each supreme court justice, court of appeals judge and superior court judge shall be entitled to an annual vacation of not more than 30 working days. It shall be taken at such time or times as may be prescribed by the chief justice of the supreme court, the chief judge of the court of appeals, or the presiding judge of the appropriate judicial district. Vacation time not taken in any calendar year may be accumulated. However, no more than 15 working days' vacation time may be accumulated in any one year, and no judge may carry over more than 30 working days' unused vacation time in the aggregate. Annual vacation time accrues as of January 1st of each year except for the year during which a justice or judge is appointed or retires. During the year of appointment, resignation, or retirement, annual vacation leave accrues at the rate of 2.5 days per month of service. Annual vacation time accrued but not taken at the time of resignation or retirement is forfeited.
(b) Sick Leave. Each supreme court justice, court of appeals judge, and superior court judge shall be entitled to sick leave with respect to any period of illness necessitating absence from his or her judicial duties, which sick leave shall not be charged against his or her vacation time. Maternity leave is counted as sick leave but is limited to 9 weeks absent extenuating medical necessity. Paternity leave is available as sick leave only to the extent medical disability of mother or child requires presence of father.
(c) Leave Without Pay. Supreme court justices, court of appeals judges, and judges from the superior and district courts may be granted leave without pay to the same extent and upon the same terms as other court system employees. Up to 5 working days in any calendar year may be granted at the discretion of the chief justice, chief judge, or presiding judge of the appropriate court. Leave without pay in excess of 5 days must be approved by the administrative director upon recommendation of the supervising judge or justice.
(d) District Judges and Magistrates. Each district court judge and magistrate shall be entitled to personal leave in accordance with and limited by the provisions of AS 39.20.200-39.20.330 and the personnel rules. Such leave shall be taken at the time or times prescribed by the presiding judge of the judicial district.
(e) Discretion of Chief Justice, Chief Judge or Presiding Judge. In determining whether a justice or judge shall take a vacation, and the length thereof, the chief justice of the supreme court, the chief judge of the court of appeals, or the presiding judge exercising authority under this rule shall be mindful of the necessity of retention of sufficient judicial manpower in the court or courts under his or her supervision to permit at all times the prompt and effective disposition of the business of such court or courts. Requests for judicial vacations and judicial leave of one week or more must be submitted for approval at least four months in advance.
(f) Administrative Leave. The chief justice of the supreme court may assign one or more justices, judges, or magistrates to attend conferences, seminars, or schools to further legal education or professional qualifications. Such assignment shall be made in consultation with the justice, judge, or magistrate concerned and with the chief judge of the court of appeals for judges of that court or with the presiding judge of the appropriate judicial district for superior or district court judges and magistrates. Travel expenses and per diem may be provided. Administrative leave authorized for such purpose shall not be counted as vacation leave. Nothing in this rule shall prevent a justice, judge, or magistrate not so assigned from attending conferences, seminars, or schools for this purpose at his or her own expense during his or her annual vacation. In addition, a justice, judge or magistrate not so assigned during a calendar year may receive administrative leave during that year not to exceed five working days to attend conferences, seminars or schools when authorized by the administrative director. The administrative director may authorize such administrative leave in excess of five working days upon a delegation of authority from the chief justice. Administrative leave may not be accrued.
(g) Leave of Absence.
(1) As used in this section, unless the context requires otherwise, "judge" means any justice of the supreme court, or judge of the court of appeals, the superior court or district court.
(2) A judge who wishes to take a leave of absence shall submit a written application to the supreme court, which shall include a plan outlining the activities he or she will pursue.
(3) In authorizing leaves of absence, the supreme court shall consider whether the activities outlined in the judge's plan are related to the administration of justice. Appropriate activities include formal educational programs for professional self-improvement and teaching at educational institutions. The supreme court shall also consider the benefit the Alaska Court System will derive from the leave of absence and the length of time the judge has served. A leave of absence may be granted only if the supreme court is satisfied that the administration of justice in Alaska will not be adversely affected by granting the leave.
(4) Upon approval of the judge's application, the supreme court shall issue an order granting leave of absence without salary for a period of not more than one year. The order shall state the maximum period of time for which the leave is granted.
(5) Application for a leave of absence is considered a waiver of salary by the applicant for the period of time the judge is absent under the leave granted by the court.
(6) Annual vacation leave or personal leave shall not accrue during a leave of absence.
(7) A leave of absence is an interruption in service for retirement and supplemental benefits purposes. No payment into the retirement or supplemental benefits funds shall be made during such leave of absence, and retirement and supplemental benefits shall not accrue.
(8) The Alaska Court System shall continue to maintain the following State of Alaska group health care and basic life insurance benefits for a judge on leave of absence and his or her dependents: comprehensive medical, dental, vision and optical, audio, basic life insurance, and accidental death and dismemberment insurance.
(9) A leave of absence does not affect the date at which a judge is subject to approval or rejection in a retention election.
(10) At the termination of the leave of absence, unless he or she sooner dies or resigns, a judge shall resume the duties of his or her office and send written notice of the resumption to the supreme court. The resumption and sending notice thereof constitutes a termination of the leave whether or not the maximum period of time granted has expired.
(Adopted by SCO 412 effective July 1, 1980; amended by SCO 443 effective November 13, 1980; by SCO 453 effective November 13, 1980 nunc pro tunc; by SCO 555 effective April 4, 1983; by SCO 625 effective June 15, 1985; by SCO 698 effective April 24, 1986; and by SCO 700 effective June 28, 1986)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
