Bailey v. Municipality of Anchorage

COATS, Chief Judge.

Alaska Criminal Rule 45(e)(1) currently provides that, with certain exceptions not pertinent here, the time within which a defendant must be tried begins to run from the date the “charging document” is served upon the defendant. This case raises the question of whether an “Order and Conditions of Release” form issued by a magistrate following an arrestee’s initial appearance under Criminal Rule 5(a)(1) is a “charging document” for purposes of Rule 45(e)(1), triggering the time period for bringing the arrestee to trial. We hold that it is not.

On July 3, 1996, Kelly G. Bailey…