Alaska
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Court Rule or Initiative
Key Development
Right to counsel
A court rules requires appointment of counsel for indigent parents in CINA cases.
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Litigation
Key Development
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.
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Discretionary
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Discretionary appointment of counsel
Courts may appoint counsel for children in CINA cases in certain circumstances.
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Court Rule or Initiative
Key Development
October 17, 2022
Alaska expands right to counsel for children
Provides for mandatory and discretionary appointment of counsel for children 10 years of age or older in CINA cases in certain circumstances.
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Doesn't Affect
Adult Protective Proceedings - Protected Person
Legislation
No right to counsel located
In an emergency, services may be provided "in a manner determined ... to be the most appropriate", but no right to counsel was found.
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Qualified
All Basic Human Needs
Legislation
Key Development
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.
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No Such Proceeding
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Litigation
No such proceeding
The Alaska Supreme Court has held that parental consent and notification provisions are unconstitutional.
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Discretionary
Child Support Establishment
Legislation
Key Development
Discretionary appointment of counsel
Where post-majority support for an 18-year-old child is at issue in a divorce, the court may appoint counsel for the child.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
Indigent adults have the right to counsel in civil commitment, as do indigent minors and their parents in mental health commitments.
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Litigation
Key Development
Right to counsel
The Alaska Supreme Court found a state constitutional due process right to counsel for involuntary commitment.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
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.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for the child in certain family law proceedings.
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Qualified
Custody Disputes - Parents
Legislation
Key Development
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.
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Key Development
February 9, 2024
Bills intended to overturn the Alaska Supreme Court's decision in Flores have died
Cross-filed bills meant to amend the definition of "public agency" to exclude the Alaska Legal Servs. Corp. and thus narrow access to counsel.
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Litigation
Key Development
January 9, 2017
Right to counsel
The Alaska Supreme Court has held that indigent parents have a state constitutional right to counsel in certain custody proceedings.
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Qualified
Domestic Violence - Alleged Victim
Legislation
Key Development
Discretionary appointment
A court may appoint an attorney or GAL to represent a minor when a protective order is filed on the minor's behalf.
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Qualified
Forfeiture (incomplete)
Litigation
Key Development
Discretionary appointment of counsel
The Alaska Sup. Ct. held that a court can appoint counsel for indigent claimants in civil forfeiture proceedings in certain circumstances.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
Respondents in guardianship matters are entitled to appointed counsel, but only if indigent.
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Discretionary
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Discretionary appointment of counsel
Minors subject to guardianship may be entitled to counsel in guardianship appointment and removal matters and to a GAL in conservatorships.
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Qualified
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
Key Development
Right to counsel
Parents have RTC if opponent is represented by public agency and parents whose rights were terminated have RTC about retained privileges.
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Key Development
February 9, 2024
Bills intended to overturn the Alaska Supreme Court's decision in Flores have died
Cross-filed bills meant to amend the definition of "public agency" to exclude the Alaska Legal Servs. Corp. and thus narrow access to counsel.
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Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
The Alaska Sup. Ct. recognized a right to counsel in civil contempt cases, which suggests there is a RTC in fees and fines matters.
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Qualified
Involuntary Medical Treatment (incomplete)
Litigation
Key Development
Right to counsel
The Alaska Supreme Court found a state constitutional due process right to counsel for involuntary administration of psychotropic medication.
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Legislation
Key Development
Right to Counsel
Indigent adults have the right to counsel in involuntary treatment matters, as do indigent minors and their parents in mental health cases.
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Discretionary
Other subject area
Legislation
Key Development
Discretionary appointment - Removal of disabilities of minority
The court may appoint an attorney for a minor seeking to remove the "disabilities of minority."
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Key Development
Right to counsel
An indigent witness who refuses or may refuse to testify due to the privilege against self-incrimination has a right to counsel.
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Qualified
Parentage - Defendant/Respondent
Litigation
Key Development
Right to counsel
The Alaska Supreme Court found a state constitutional due process right to counsel for indigent defendants in state-initiated paternity cases.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for an individual or a group who is isolated, quarantined, or to be tested pursuant to a public health order.
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No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
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Qualified
Special Education
Legislation
Key Development
Right to counsel
Indigent parents of disabled children younger than 18 years of age may have the right to counsel in due process hearings related to education.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
A court rule requires appointment of counsel for indigent parents in adoption cases.
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Litigation
Key Development
Right to counsel
The Alaska Supreme Court held that indigent parents have a state constitutional right to counsel in contested adoption cases.
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Discretionary
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in an adoption proceeding.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
A court rule requires appointment of counsel for indigent parents in state-initiated termination of parental rights cases.
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Litigation
Key Development
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.
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No Such Proceeding
Truancy - Petition Against Child
Legislation
Qualified