Alaska

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key_development Question_mark

Right to counsel

The Alaska Supreme Court held that the state constitution's due process clause requires counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

A court rules requires appointment of counsel for indigent parents in CINA cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

Courts may appoint counsel for children in CINA cases in certain circumstances.

Appointment of Counsel: discretionary Qualified: no

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Court Rule or Initiative

Key_development Question_mark

Discretionary appointment of counsel

Courts may appoint counsel for children in CINA cases in certain circumstances.

Appointment of Counsel: discretionary Qualified: no

Read more about this

All Basic Human Needs

Legislation

Key_development Question_mark

Right to counsel for parents

A statute requires the representation for “an indigent parent of a child with a disability”, apparently for any civil proceeding.

Appointment of Counsel: categorical Qualified: yes

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

Minors seeking to bypass the parental consent requirements for an abortion are entitled to appointed counsel in the bypass hearing.

Appointment of Counsel: categorical Qualified: no

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Civil Contempt in Family Court

Litigation

Key_development Question_mark

Right to counsel

The Alaska Supreme Court found a state and federal due process right to counsel for indigent defendants in nonsupport civil contempt cases.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

Indigent persons subject to civil commitment are entitled to appointed counsel.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The Alaska Supreme Court found a state constitutional due process right to counsel for involuntary commitment.

Appointment of Counsel: categorical Qualified: no

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Civil Forfeiture

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Alaska Supreme Court held that a court can appoint counsel in a civil forfeiture proceeding in certain circumstances.

Appointment of Counsel: discretionary Qualified: no

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Custody Disputes - Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents in custody cases are entitled to counsel if the opposing party is represented by counsel provided by a public agency.

Appointment of Counsel: categorical Qualified: yes

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Litigation

Key_development Question_mark

Right to counsel

01/09/2017

The Alaska Supreme Court has held that indigent parents have a state constitutional right to counsel in certain custody proceedings.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon The NCCRC assisted with the amicus briefs in the Dennis O case.

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Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for the child in certain family law proceedings.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint an attorney or GAL to represent a minor when a protective order is filed on behalf of the minor.

Appointment of Counsel: discretionary Qualified: yes

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

Persons subjected to a guardianship are entitled to appointed counsel, but only if indigent.

Appointment of Counsel: categorical Qualified: yes

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Involuntary Medical Treatment

Litigation

Key_development Question_mark

Right to counsel

The Alaska Supreme Court found a state constitutional due process right to counsel for involuntary medical treatment.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Litigation

Key_development Question_mark

Right to counsel

The Alaska Supreme Court found a state constitutional due process right to counsel for indigent defendants in state-initiated paternity cases.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for an indigent individual required to be isolated, quarantined of tested under a public health order.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a child in an adoption proceeding.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Litigation

Key_development Question_mark

Right to counsel

The Alaska Supreme Court held that indigent parents have a state constitutional right to counsel in contested adoption cases.

Appointment of Counsel: categorical Qualified: no

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

A court rule requires appointment of counsel for indigent parents in adoption cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Litigation

Key_development Question_mark

Right to counsel

The Alaska Supreme Court has said that indigent parents have a state constitutional right to counsel in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

A court rule requires appointment of counsel for indigent parents in state-initiated termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Truancy - Petition Against Child

Legislation

No such proceeding

In Alaska, only parents can be prosecuted for truancy, not children.

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Other Subject Areas

Legislation

Discretionary appointment - removal of disabilities of minority

The court may appoint counsel for a minor seeking to remove the "disabilities of minority".

Appointment of Counsel: discretionary Qualified: no

Read more about this

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