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.
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.
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.
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
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