Alaska

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
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
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.

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.
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Appointment of Counsel:  Yes
Qualified: Yes
? 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.
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
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
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.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.

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.
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Appointment of Counsel:  Yes
Qualified: Yes
? 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.

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.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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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Appointment of Counsel:  Yes
Qualified: No
? 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.
Categorical

Abuse/Neglect/Dependency - Accused Parents

Discretionary

Abuse/Neglect/Dependency - Children

Qualified

All Basic Human Needs

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Discretionary

Child Support Establishment

Categorical

Civil Commitment

Qualified

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Qualified

Custody Disputes - Parents

Qualified

Domestic Violence - Alleged Victim

Qualified

Forfeiture (incomplete)

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Discretionary

Guardianship/Conservatorship of Children - Child (incomplete)

Qualified

Guardianship/Conservatorship of Children - Parent or Guardian

Qualified

Incarceration for Fees/Fines (incomplete)

Categorical

Involuntary Medical Treatment (incomplete)

Categorical

Other subject area

Qualified

Parentage - Defendant/Respondent

Qualified

Quarantine/Isolation

No Such Proceeding

Sexually Dangerous Persons - Commitment

Qualified

Special Education

Categorical

Termination of Parental Rights (Private) - Birth Parents

Discretionary

Termination of Parental Rights (Private) - Children

Categorical

Termination of Parental Rights (State) - Birth Parents

No Such Proceeding

Truancy - Petition Against Child