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3.0220 Appellate division—Composition,

Cite as [A.S.C.A. § 3.0220 ]

The appellate division shall consist of the Chief Justice, the Associate Justice, Acting Associate Justices appointed by the Secretary of the Interior, and all the associate judges. Sessions of the appellate division shall be held before 3 justices and 2 associate judges, the presence of 2 of the justices and 1 associate judge being necessary to constitute a quorum for the trial and determination of a case or controversy.

History: 1967, PL 10-17; 1968, PL 10-62; 1969, PL 11-54; 1970, PL 11-1 16; PL 11-119;amd 1978, PL 15-60; PL 15-84 § 2; PL 15-104 § 3; amd 1979, PL 16-28 § 13.

Amendments: 1978 Added references to Acting Associate Justices; moved comma (,) from before “or the Associate Justice to after it, in second sentence.

1979 Changed persons before whom session must be held.

Case Notes:

A single justice has the authority to issue an alternative writ, schedule a hearing, and set a briefing schedule; however, resolution of substantive issues, other than in connection with any preliminary or supplementary matter, requires a quorum of two justices and one associate judge. A.S.C.A. §§ 3.0209, 3.0220. In re Complaint of Voyager, Inc., 24 A.S.R.2d 90 (1993).