Waiver of counsel, 2014

In Alaska, the court must appoint counsel unless it makes a finding that the juvenile has made a voluntary, knowing, and intelligent waiver and a parent or guardian concurs with the waiver. If the case is one in which the alleged act would be a felony if committed by an adult, the court cannot accept the waiver unless the juvenile has consulted an attorney.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    Juveniles cannot waive right to counsel if alleged to have committed specified act that would be specified crime if committed by adult.

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In Alaska, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the state level

Organizer: Alaska Public Defender Agency (Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

In Alaska, this topic is governed by both juvenile and adult statutes and juvenile and adult court rules. State statute provides procedures to determine indigency. Indigency is judicially determined.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

Restricted by judiciary

In Alaska, Court Delinquency Rule 21.5 prohibits the routine use of restraints. If a juvenile appears at court in restraints, the judge must make an individualized finding when there is an objection to using them or when the juvenile is without counsel.

Sex offender registration, 2015

Does not register

Competency, 2015

In Alaska, there are no juvenile statute or court rules that specifically address juvenile competency or make reference to to apply (adult) criminal code competency procedures to juveniles. Juvenile court rules generally permit application of criminal rule/statute if not inconsistent. The juvenile rule does specifically mention applying (adult) criminal code for ‘notice of an intention to offer evidence of mental disease or defect’ when entering an insanity defense, which may provide the opportunity to raise the matter.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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