Alaska Supreme Court: some custody cases might require counsel
03/17/2017, Litigation, Custody Disputes - Birth Parents
In Dennis O. v. Stephanie O., No. S-15802 (Alaska 2017), while the Supreme Court of Alaska declined to find a categorical right to counsel for parents in custody cases facing an opponent with counsel, it specified that "If the particular facts of a case demonstrate that the parent would otherwise be deprived of a meaningful opportunity to be heard, procedural due process may require court appointment of counsel to a parent in a custody proceeding.”
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: discretionary Qualified: no
|The NCCRC assisted with several of the amicus briefs in this case.|