Table of Contents

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
5. Supporting Evidence
6. Statutory and Constitutional Authority
7. Factors for the Court to Consider
8. Proposed Alternative Venue
9. List of Affidavits and Exhibits
10. Proposed Order
11. Certificate of Service
12. Alaska Practice Notes

Caption

IN THE [SUPERIOR/DISTRICT] COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

STATE OF ALASKA,

  Plaintiff,

v.          Case No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Alaska Rules of Criminal Procedure, Rule 18, AS 22.10.040, and the Alaska Constitution, Article I, Section 11, for an Order transferring the trial of the above-captioned criminal matter to another location where a fair and impartial trial may be obtained.

In support of this Motion, Defendant states as follows:

Statement of Facts

1. The Defendant, [DEFENDANT NAME], has been charged with [CHARGES] by [INDICTMENT/INFORMATION] filed on or about [DATE].

2. The alleged offense(s) occurred on or about [DATE OF ALLEGED OFFENSE] in [________________________________], Alaska.

3. The Defendant entered a plea of [NOT GUILTY/OTHER] on [DATE].

4. Since the filing of charges, the following circumstances have rendered a fair and impartial trial impossible at the current venue:

[________________________________]

Grounds for Change of Venue

A. Inability to Obtain an Impartial Trial

5. There is reason to believe that an impartial trial cannot be had in [________________________________] due to pervasive pretrial publicity and community prejudice. Specifically:

 a. [MEDIA OUTLET 1] published/broadcast [NUMBER] stories regarding this case between [START DATE] and [END DATE].

 b. [MEDIA OUTLET 2] published/broadcast [NUMBER] stories regarding this case between [START DATE] and [END DATE].

 c. The coverage has included prejudicial content such as [DESCRIBE: e.g., prior criminal history, inadmissible evidence, inflammatory characterizations].

6. Community prejudice is further demonstrated by:

 a. [________________________________]

 b. [________________________________]

B. Convenience of Witnesses and the Ends of Justice

7. [IF APPLICABLE: A change of venue would serve the convenience of witnesses and the ends of justice because:]

 a. [________________________________]

 b. [________________________________]

C. Safety Concerns

8. [IF APPLICABLE: Safety concerns necessitate a change of venue because:]

 a. [________________________________]

 b. [________________________________]

D. Judge or Magistrate Disqualification

9. [IF APPLICABLE: The assigned judge or magistrate is disqualified from acting in this matter because:]

[________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

10. The following social media posts and public statements demonstrate community prejudice:

 a. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION OF POST/STATEMENT]

 b. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION OF POST/STATEMENT]

 c. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION OF POST/STATEMENT]

Polling Data (If Applicable)

11. [IF APPLICABLE: A community survey conducted by [FIRM NAME] on [DATE] demonstrates that [PERCENTAGE]% of residents in the current venue area have formed an opinion regarding Defendant's guilt.]

Statutory and Constitutional Authority

A. Alaska Rules of Criminal Procedure

12. Rule 18 of the Alaska Rules of Criminal Procedure provides for the transfer of criminal proceedings when there is reason to believe an impartial trial cannot be had, for the convenience of witnesses, or in the interest of justice.

13. Rule 18(e) provides a limited "by-right" transfer to an approved additional trial site listed in Administrative Bulletin 27.

14. Rule 18(f) and Administrative Rule 15 permit the court to change the jury selection area to ensure a fair cross-section of the community.

B. Alaska Statutory Authority

15. AS 22.10.040 provides for the transfer of cases when the judge is disqualified or when a fair trial cannot be had.

16. AK Stat § 22.15.080 provides additional authority for venue transfers in district court proceedings.

C. Alaska Constitutional Authority

17. Alaska Constitution, Article I, Section 11 guarantees that "[i]n all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of twelve."

D. Federal Constitutional Authority

18. The Sixth Amendment to the United States Constitution guarantees the right to a trial by an impartial jury.

19. The Fourteenth Amendment guarantees due process of law, including the right to a fair trial free from prejudice. See Irvin v. Dowd, 366 U.S. 717 (1961); Sheppard v. Maxwell, 384 U.S. 333 (1966).

E. Alaska Case Law

20. In Lestenkof v. State, 229 P.3d 182 (Alaska Ct. App. 2010), the Alaska Court of Appeals addressed the standards for evaluating change of venue motions.

Factors for the Court to Consider

21. The Court should consider the following factors:

☐ The nature and extent of pretrial publicity in the current venue

☐ The size and demographics of the community

☐ The likelihood that prospective jurors have been exposed to prejudicial information

☐ The inflammatory or prejudicial nature of the media coverage

☐ The time elapsed between the publicity and the trial

☐ Whether the publicity included information inadmissible at trial

☐ The degree of community hostility toward the Defendant

☐ Whether alternative remedies (voir dire, jury questionnaires, jury selection area change) would be adequate

☐ The convenience of witnesses and parties

☐ The interests of justice

Proposed Alternative Venue

22. The Defendant respectfully proposes that this matter be transferred to [________________________________], Alaska, because:

 a. [________________________________] has not been subject to the same level of media coverage regarding this case.

 b. [________________________________] has adequate court facilities.

 c. [________________________________] is listed as an approved additional trial site under Administrative Bulletin 27 [IF APPLICABLE].

 d. Transfer would serve the interests of justice while minimizing inconvenience.

List of Affidavits and Exhibits

Proposed Order

IN THE [SUPERIOR/DISTRICT] COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

STATE OF ALASKA v. [DEFENDANT NAME]

Case No.: [________________________________]

ORDER GRANTING CHANGE OF VENUE

Upon consideration of the Defendant's Motion for Change of Venue, supporting affidavits, exhibits, and arguments of counsel, and the Court being sufficiently advised:

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED.

IT IS FURTHER ORDERED that this matter is transferred from [________________________________] to [________________________________], Alaska, for trial.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit all records, papers, and bail to the receiving court.

DATED this [____] day of [________________________________], 20[____].

________________________________________
Judge, [SUPERIOR/DISTRICT] Court

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Change of Venue, together with all supporting affidavits and exhibits, was served upon:

[PROSECUTING ATTORNEY NAME]
[OFFICE TITLE]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Alaska [ZIP CODE]

by: ☐ Hand delivery ☐ U.S. Mail ☐ Electronic filing ☐ Facsimile

________________________________________
[ATTORNEY NAME]
[ALASKA BAR NUMBER]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY], Alaska [ZIP CODE]
[PHONE]
[EMAIL]

Alaska Practice Notes

Standard of Review: Abuse of discretion. The appellate court will not reverse a trial court's venue decision unless the trial court abused its discretion.

Interlocutory Appeal: Limited. Appeals from venue rulings are subject to expedited procedures under Appellate Rule 216.

By-Right Transfer: Under Rule 18(e), a defendant has a limited right to transfer to an approved additional trial site. This request must be made within 10 days after entering a plea, unless good cause for an extension is shown. Check Administrative Bulletin 27 for the current list of approved sites.

Jury Selection Area Change: As an alternative to full venue transfer, the court may change the jury selection area under Rule 18(f) and Administrative Rule 15 to ensure a fair cross-section.

Speedy Trial Exclusion: Under HRPP Rule 48 (Alaska equivalent), time during which a motion for change of venue is pending may be excluded from speedy trial computations.

Either Party May Move: Both the prosecution and the defense may file a motion for change of venue under Rule 18.