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.

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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Child Support Enforcement (Civil Contempt)

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 or admin of psychotropic meds.

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 - Birth 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

Alaska Supreme Court: some custody cases might require counsel

03/17/2017

The Supreme Court of Alaska held that due process may require the appointment of counsel in a private custody proceeding.

Appointment of Counsel: discretionary Qualified: no

 

Nccrc_involvement_icon The NCCRC assisted with several of the amicus briefs in this case.

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ABA, legal aid groups support right to counsel in Alaska custody case

11/08/2015

A case before the Alaska Supreme Court about the right to counsel in custody cases has the support of the ABA and various legal aid groups.

 

Nccrc_involvement_icon NCCRC assisted with the amicus briefs filed by the ABA and the legal services groups.

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Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: yes

Read more about this

Key_development Question_mark

Right to counsel

An Alaska Superior Court held that indigent parents have a constitutional right to counsel in custody cases if their opponent is represented.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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

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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

Read more about this

Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

Indigent persons subjected to a guardianship are entitled to appointed counsel.

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/Sterilization/Innoculation

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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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

Read more about this

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

Read more about this

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

Read more about this

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

Read more about this

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

Read more about this

Other Subject Areas

Legislation

Key_development Question_mark

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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