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 (b) [Repealed, § 6 […]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. 18.85.010. Public defender agency established.
There is created in the Department of Administration a Public Defender Agency to serve the needs of indigent defendants.
Sec. 18.85.020. Administration.
The agency is administered by the public defender.
Sec. 18.85.030. Appointment and term.
The governor shall appoint the public defender from among two or more persons nominated for that position by the judicial council. The appointment is subject to confirmation by majority of the members of the legislature in joint session. The public defender shall serve a term of four years. If the governor decides to retain the […]
Sec. 18.85.040. Removal.
The public defender is subject to removal by the governor for good cause. If the public defender is removed, the governor shall submit to the legislature a report stating the reasons for removal. The report shall be submitted within 10 days after the action has been taken if the legislature is in session, or if […]
Sec. 18.85.050. Vacancy.
If the position of public defender becomes vacant for any reason, the governor may appoint an acting public defender to serve until the regular appointment procedures under AS 18.85.030 are complied with. The governor and the judicial council shall act under AS 18.85.030 as soon as possible after the vacancy occurs. A person appointed under […]
Sec. 18.85.060. Eligibility.
A person is not eligible to be the public defender or an assistant public defender unless admitted to the practice of law in this state no later than 10 months following the commencement of the person’s employment by the agency.
Sec. 18.85.070. Private practice prohibited.
The public defender and assistant public defenders shall devote all of their time to the duties of their respective offices and may not engage in the practice of law except in their official capacities in the agency.