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.
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 […]
Sec. 18.85.155. Payment by municipality.
(a) When a municipality prosecutes a person who has been determined by the court to be indigent under AS 18.85.120 for a violation of a municipal ordinance that is a serious crime, the municipality shall pay for the services of the attorney appointed by the court to defend the indigent person. (b) A municipality shall […]
Sec. 18.85.160. Records and reports.
(a) The public defender shall keep appropriate records respecting each needy person represented by the agency under this chapter. (b) [Repealed, § 19 ch 6 SLA 1998.]
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.