Sec. 18.85.170. Definitions.
In this chapter, (1) “agency” means the public defender agency created by AS 18.85.010; (2) “detain” means to have in custody or otherwise deprive of freedom of action; (3) “expenses,” when used with reference to representation under this chapter, includes an expense of investigation, other preparation, and trial; (4) “indigent person” means a person who, […]
Sec. 18.85.180. Short title.
This chapter may be cited as the Public Defender Act.
Sec. 18.85.080. Delegation of functions.
The public defender may assign the functions vested in the public defender or in the agency to subordinate attorneys and employees.
Sec. 18.85.090. Agency staff.
The public defender may appoint and remove assistant public defenders, clerks, investigators, stenographers, and other employees the public defender considers necessary to enable the public defender to carry out the responsibilities of the public defender, subject to existing appropriations. Each person appointed to a subordinate position established by the public defender is under the supervision […]
Sec. 18.85.100. Right to representation, services, and facilities.
(a) An indigent person who is under formal charge of having committed a serious crime and the crime has been the subject of an initial appearance or subsequent proceeding, or is being detained under a conviction of a serious crime, or is on probation or parole, or is entitled to representation under the Supreme Court […]
Sec. 18.85.110. Notice and provision for representation.
(a) If a person having a right to representation under AS 18.85.100 is not represented by an attorney, the court shall, at the time of the person’s appearance before the court, clearly inform the person of the right of an indigent person to be represented by an attorney at public expense. (b) [Repealed, § 6 […]
Sec. 18.85.120. Determination of indigency; repayment.
(a) The determination of a person’s indigency shall be made by the court in which an action against the person is pending. The determination shall be made by the court and shall set out the basis for the finding that the person is indigent. (b) In determining whether a person is indigent and in determining […]
Sec. 18.85.130. Contracts with private attorneys.
When the public interest requires, and a person is entitled to representation by the agency under this chapter, the public defender may contract with one or more private attorneys to assist the public defender. Except as provided in AS 18.85.155, the public defender shall pay for these services out of appropriations to the agency.
Sec. 18.85.140. Waiver.
A person who has been appropriately informed under AS 18.85.100 may waive in writing, or by other record, any right provided by this chapter if the court concerned, at the time of or after waiver, finds of record that the person has acted with full awareness of the person’s rights and of the consequences of […]
Sec. 18.85.150. Recovery from defendant.
(a) A person who has received assistance under this chapter shall pay the state for the assistance if the person was not entitled to it at the time indigency was determined. (b) The attorney general may bring an action on behalf of the state to recover payment from a person described in (a) of this […]