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Alaska

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

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.

No Authorization, But Relevant Materials

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.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Abuse/Neglect/Dependency - Children

Legislation

March 28, 2025

HB36

Amends Alaska Child in Need of Aid Rule 12.1(b) to provide attorney for children placed in acute psychiatric hospitals

Appointment of Counsel: Doesn't Affect

Qualified: No

Court Rule or Initiative

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.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Civil Commitment

Legislation

March 28, 2025

HB36

Amends Alaska Child in Need of Aid Rule 12.1(b) to provide attorney for children placed in acute psychiatric hospitals

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Custody Disputes - Parents

Legislation

February 9, 2024

Bills intended to narrow the reach of 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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Litigation

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.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC assisted with the amicus briefs in the Dennis O. case and provided briefing and oral argument support to the ALSC in its amicus work on the Matter of Public Advocacy case.

Doesn't Affect

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

February 9, 2024

Bills intended to narrow the reach of 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.

Appointment of Counsel: Doesn't Affect

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

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.

Appointment of Counsel: Yes

Qualified: No

Court Rule or Initiative

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Discretionary

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Discretionary appointment of counsel

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

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: No Such Proceeding

Qualified: No

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.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Civil Commitment

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

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

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Custody Disputes - Parents

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.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC assisted with the amicus briefs in the Dennis O. case and provided briefing and oral argument support to the ALSC in its amicus work on the Matter of Public Advocacy case.

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Other subject area

Legislation

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.

Appointment of Counsel: Yes

Qualified: No

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."

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: No Such Proceeding

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (Private) - Birth Parents

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.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

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.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

No Such Proceeding

Truancy - Petition Against Child

Legislation

No such proceeding

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

Appointment of Counsel: No Such Proceeding

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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