Alaska Statutes
Alaska Stat. § 22.20.022 (2026)
Peremptory disqualification of a judge
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 22.20.022. Peremptory disqualification of a judge.
(a) If a party or a party's attorney in a district court action or a superior court action, civil or criminal, files an affidavit alleging under oath the belief that a fair and impartial trial cannot be obtained, the presiding district court or superior court judge, respectively, shall at once, and without requiring proof, assign the action to another judge of the appropriate court in that district, or if there is none, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. The affidavit must contain a statement that it is made in good faith and not for the purpose of delay.
(b) A judge or court may not punish a person for contempt for making, filing, or presenting the affidavit provided for in this section, or a motion founded on the affidavit.
(c) The affidavit shall be filed within five days after the case is at issue upon a question of fact, or within five days after the issue is assigned to a judge, whichever event occurs later, unless good cause is shown for the failure to file it within that time.
(d) A party or a party's attorney may not file more than one affidavit under this section in an action and no more than two affidavits in an action.
(a) If a party or a party's attorney in a district court action or a superior court action, civil or criminal, files an affidavit alleging under oath the belief that a fair and impartial trial cannot be obtained, the presiding district court or superior court judge, respectively, shall at once, and without requiring proof, assign the action to another judge of the appropriate court in that district, or if there is none, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. The affidavit must contain a statement that it is made in good faith and not for the purpose of delay.
(b) A judge or court may not punish a person for contempt for making, filing, or presenting the affidavit provided for in this section, or a motion founded on the affidavit.
(c) The affidavit shall be filed within five days after the case is at issue upon a question of fact, or within five days after the issue is assigned to a judge, whichever event occurs later, unless good cause is shown for the failure to file it within that time.
(d) A party or a party's attorney may not file more than one affidavit under this section in an action and no more than two affidavits in an action.
Notes of Decisions
Cited in 59
cases, 1968–2020 · leading case: Gieffels v. State, 552 P.2d 661 (Alaska 1976).
Gieffels v. State, 552 P.2d 661 (Alaska 1976). “Issues pertaining to the pre-emption of a judge challenged under the provisions of AS 22.20.022 and Criminal Rule 25(d) are resolved by this petition.”
Peterson v. State, 562 P.2d 1350 (Alaska 1977). “The defendant then moved to peremptorily disqualify Judge Lewis under AS 22.20.022. Judge Lewis recognized the peremptory challenge and took no further action in the case.”
Main v. State, 668 P.2d 868 (Alaska Ct. App. 1983). “Main first asserts that AS 22.20.022, which authorizes a party to exercise a peremptory challenge of a judge within five days after the judge is appointed to a civil or criminal case, creates a peremptory challenge right that is independent of the peremptory challenge…”
Halligan v. State, 624 P.2d 281 (Alaska 1981). “The issue to be decided is whether a superior court judge assigned to review a ruling of the district court is subject to peremptory disqualification under AS 22.20.022 [1] and Criminal Rule 25(d).”
Cook v. Rowland, 49 P.3d 262 (Alaska 2002). “Litigants have a statutory right to peremptory disqualification of a judge under AS 22.20.022, [1] and Alaska Civil Rule 42(c) controls the procedure and scope of such disqualification in civil cases.”
Roberts v. State, 458 P.2d 340 (Alaska 1969). “The affidavit was filed pursuant to AS 22.20.022 which provides in part: (a) If a party or his attorney in a superior court action, civil or criminal, files an affidavit alleging under oath that he believes that he cannot obtain a fair and impartial trial, the presiding judge…”
Channel Flying, Inc. v. Bernhardt, 451 P.2d 570 (Alaska 1969). “striking certain papers tardily filed by respondents in violation of Civil Rule 77(e) (2), and in not considering the respondents as having consented to the motion for a preliminary injunction under Civil Rule 77(f) (2); and (2) that the judge erred in not disqualifying himself…”
Tunley v. Mun. of Anchorage Sch. Dist., 631 P.2d 67 (Alaska 1981). “Peremptory challenge rights are granted litigants by AS 22.20.022. 2 This *71 statute creates peremptory challenge rights in both criminal and civil proceedings.”
Hornaday v. Rowland, 674 P.2d 1333 (Alaska 1983). “Further, Hornaday challenged the facial validity of AS 22.20.022, the peremptory challenge statute, principally on the ground of a second separation of powers theory.”
In re White, 445 P.2d 813 (Alaska 1968). “Butcher, Judge of the Family Court for the Third Judicial District of Alaska, under the provisions of AS 22.20.022. [1] *814 After conducting a hearing on the motion for disqualification Presiding Judge Ralph E.”
Pope v. State, 478 P.2d 801 (Alaska 1970). “His first specification is that the court committed prejudicial error in reassigning appellant's case from Judge Davis to Judge Moody without giving appellant five days from the date of reassignment to consider and possibly file a peremptory challenge affidavit as provided in AS…”
Lomas Sr., R. v. Kravitz, J., 170 A.3d 380 (Pa. 2017). “§ 144 (“Bias or prejudice of judge”), § 455 (“Disqualification of justice, judge, or magistrate judge”); Alaska Stat. § 22.20.022 (“Peremptory disqualification of judge”); Alaska R.”
Alaska Stat. § 22.20.022(a): 13 cases
Cook v. Rowland, 49 P.3d 262 (Alaska 2002). “Litigants have a statutory right to peremptory disqualification of a judge under AS 22.20.022, [1] and Alaska Civil Rule 42(c) controls the procedure and scope of such disqualification in civil cases.”
Peterson v. State, 562 P.2d 1350 (Alaska 1977). “The defendant then moved to peremptorily disqualify Judge Lewis under AS 22.20.022. Judge Lewis recognized the peremptory challenge and took no further action in the case.”
Channel Flying, Inc. v. Bernhardt, 451 P.2d 570 (Alaska 1969). “striking certain papers tardily filed by respondents in violation of Civil Rule 77(e) (2), and in not considering the respondents as having consented to the motion for a preliminary injunction under Civil Rule 77(f) (2); and (2) that the judge erred in not disqualifying himself…”
Halligan v. State, 624 P.2d 281 (Alaska 1981). “The issue to be decided is whether a superior court judge assigned to review a ruling of the district court is subject to peremptory disqualification under AS 22.20.022 [1] and Criminal Rule 25(d).”
Main v. State, 668 P.2d 868 (Alaska Ct. App. 1983). “Main first asserts that AS 22.20.022, which authorizes a party to exercise a peremptory challenge of a judge within five days after the judge is appointed to a civil or criminal case, creates a peremptory challenge right that is independent of the peremptory challenge…”
Alaska Stat. § 22.20.022(c): 15 cases
Main v. State, 668 P.2d 868 (Alaska Ct. App. 1983). “Main first asserts that AS 22.20.022, which authorizes a party to exercise a peremptory challenge of a judge within five days after the judge is appointed to a civil or criminal case, creates a peremptory challenge right that is independent of the peremptory challenge…”
Gieffels v. State, 552 P.2d 661 (Alaska 1976). “Issues pertaining to the pre-emption of a judge challenged under the provisions of AS 22.20.022 and Criminal Rule 25(d) are resolved by this petition.”
In re White, 445 P.2d 813 (Alaska 1968). “Butcher, Judge of the Family Court for the Third Judicial District of Alaska, under the provisions of AS 22.20.022. [1] *814 After conducting a hearing on the motion for disqualification Presiding Judge Ralph E.”
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014).
Tunley v. Mun. of Anchorage Sch. Dist., 631 P.2d 67 (Alaska 1981). “Peremptory challenge rights are granted litigants by AS 22.20.022. 2 This *71 statute creates peremptory challenge rights in both criminal and civil proceedings.”
Alaska Stat. § 22.20.022(d): 2 cases
Peterson v. State, 562 P.2d 1350 (Alaska 1977). “The defendant then moved to peremptorily disqualify Judge Lewis under AS 22.20.022. Judge Lewis recognized the peremptory challenge and took no further action in the case.”
McRae v. State, 909 P.2d 1079 (Alaska Ct. App. 1996).
Alaska Stat. § 22.20.022(e): 1 case
Watt v. State, 61 P.3d 446 (Alaska Ct. App. 2003).
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