Alaska Statutes
Alaska Stat. § 18.85.100 (2026)
Right to representation, services, and facilities
✓ current as of July 2026
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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 Delinquency or Child in Need of Aid Rules or at a review hearing under AS 47.12.105(d), or is isolated, quarantined, or required to be tested under an order issued under AS 18.15.355 — 18.15.395, or is a respondent in a proceeding under AS 47.30, is entitled
(1) to be represented, in connection with the crime or proceeding, by an attorney to the same extent as a person retaining an attorney is entitled; and
(2) to be provided with the necessary services and facilities of this representation, including investigation and other preparation.
(b) Subject to the provisions of AS 18.85.155, the attorney services and facilities and the court costs shall be provided at public expense to the extent that the person, at the time the court determines indigency, is unable to provide for payment without undue hardship. Appointment of any guardian ad litem or attorney shall be made under the terms of AS 25.24.310, to the extent that that section is not inconsistent with the requirements of this chapter.
(c) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing a timely application for post-conviction relief under AS 12.72. An indigent person is not entitled to representation under (a) and (b) of this section for purposes of bringing
(1) an untimely or successive application for post-conviction relief under AS 12.72 or an untimely or successive motion for reduction or modification of sentence;
(2) a petition for review or certiorari from an appellate court ruling on an application for post-conviction relief; or
(3) an action or claim for habeas corpus in federal court attacking a state conviction.
(d) Notwithstanding (a) of this section, an indigent person is entitled to the representation and necessary services and facilities of representation as provided in (a) of this section when the prosecuting attorney or a law enforcement officer requests the court to provide representation to an indigent person under this section and the court finds that the provision of representation is necessary in the interests of justice.
(e) Subject to other provisions of this subsection, a person who is the natural parent, adoptive parent, or guardian of a child who is taken into emergency custody of the state under AS 47.10.142 may be represented at public expense and without a court order by an attorney employed by the Public Defender Agency in connection with the hearing held under AS 47.10.142(d). Representation in connection with the hearing may include investigation and other preparation before the hearing is held as well as representation at the hearing. Continued representation of the person by the Public Defender Agency after the hearing is held under AS 47.10.142(d) is contingent on satisfaction of the eligibility requirements of (a) — (d) of this section, the issuance of an appropriate court order, and compliance with the applicable laws and court rules relating to court-appointed counsel employed at the public's expense. If a person who was represented by the Public Defender Agency at public expense without a court order in connection with a hearing held under AS 47.10.142(d) is not later determined to be eligible for court-appointed counsel at public expense under applicable laws and court rules, the court shall assess against the represented person the cost to the Public Defender Agency of providing the representation. In this subsection, “guardian” means a natural person who is legally appointed guardian of the person of a child.
(f) Notwithstanding (a) of this section, an indigent person is entitled to the representation and necessary services and facilities of representation as provided in (a) of this section when the person is a witness who refuses or there is reason to believe will refuse to testify or provide other information based on the privilege against self-incrimination.
(g) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing an application for post-conviction DNA testing under AS 12.73.
(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 Delinquency or Child in Need of Aid Rules or at a review hearing under AS 47.12.105(d), or is isolated, quarantined, or required to be tested under an order issued under AS 18.15.355 — 18.15.395, or is a respondent in a proceeding under AS 47.30, is entitled
(1) to be represented, in connection with the crime or proceeding, by an attorney to the same extent as a person retaining an attorney is entitled; and
(2) to be provided with the necessary services and facilities of this representation, including investigation and other preparation.
(b) Subject to the provisions of AS 18.85.155, the attorney services and facilities and the court costs shall be provided at public expense to the extent that the person, at the time the court determines indigency, is unable to provide for payment without undue hardship. Appointment of any guardian ad litem or attorney shall be made under the terms of AS 25.24.310, to the extent that that section is not inconsistent with the requirements of this chapter.
(c) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing a timely application for post-conviction relief under AS 12.72. An indigent person is not entitled to representation under (a) and (b) of this section for purposes of bringing
(1) an untimely or successive application for post-conviction relief under AS 12.72 or an untimely or successive motion for reduction or modification of sentence;
(2) a petition for review or certiorari from an appellate court ruling on an application for post-conviction relief; or
(3) an action or claim for habeas corpus in federal court attacking a state conviction.
(d) Notwithstanding (a) of this section, an indigent person is entitled to the representation and necessary services and facilities of representation as provided in (a) of this section when the prosecuting attorney or a law enforcement officer requests the court to provide representation to an indigent person under this section and the court finds that the provision of representation is necessary in the interests of justice.
(e) Subject to other provisions of this subsection, a person who is the natural parent, adoptive parent, or guardian of a child who is taken into emergency custody of the state under AS 47.10.142 may be represented at public expense and without a court order by an attorney employed by the Public Defender Agency in connection with the hearing held under AS 47.10.142(d). Representation in connection with the hearing may include investigation and other preparation before the hearing is held as well as representation at the hearing. Continued representation of the person by the Public Defender Agency after the hearing is held under AS 47.10.142(d) is contingent on satisfaction of the eligibility requirements of (a) — (d) of this section, the issuance of an appropriate court order, and compliance with the applicable laws and court rules relating to court-appointed counsel employed at the public's expense. If a person who was represented by the Public Defender Agency at public expense without a court order in connection with a hearing held under AS 47.10.142(d) is not later determined to be eligible for court-appointed counsel at public expense under applicable laws and court rules, the court shall assess against the represented person the cost to the Public Defender Agency of providing the representation. In this subsection, “guardian” means a natural person who is legally appointed guardian of the person of a child.
(f) Notwithstanding (a) of this section, an indigent person is entitled to the representation and necessary services and facilities of representation as provided in (a) of this section when the person is a witness who refuses or there is reason to believe will refuse to testify or provide other information based on the privilege against self-incrimination.
(g) An indigent person is entitled to representation under (a) and (b) of this section for purposes of bringing an application for post-conviction DNA testing under AS 12.73.
Notes of Decisions
Cited in 49
cases (4 in the last 5 years), 1971–2025 · leading case: Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017).
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “1 The pertinent statute, AS 18.85.100(a), actually declares that indigent criminal defendants are entitled to two types of services at public expense: (1) “to be represented .”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “In AS 18.85.100, Alaska’s Public Defender Act describes the rights of indigent persons “to representation, services, and facilities.”
Ake v. Oklahoma, 470 U.S. 68 (1985). “1984); Alaska Stat. Ann. § 18.85.100 (1981); Ariz.”
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008). “We are advised without contradiction that not only the Fed- eral Government, including the District of Columbia, but 43 States take the first step toward appointing counsel “before, at, or just after initial appearance.” App. to Brief for National Association of Criminal Defense…”
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “The Alaska Legislature has also created the Office of Public Advocacy to provide legal representation to indigent eriminal defendants "who are entitled to representation under AS 18.85.100 and who cannot be represented by the public defender agency because of a conflict of…”
Marlon Mack v. State of Alaska, 523 P.3d 1235 (Alaska Ct. App. 2023). “2d 910, 915-16 (Alaska 1971) (recognizing that article I, section 11 of the Alaska Constitution — and by extension, AS 18.85.100, the Public Defender Act — guarantees an indigent defendant in a criminal prosecution the right to the assistance of counsel).”
Martinez v. Ryan, 132 S. Ct. 1309 (2012). “, Alaska Stat. §18.85.100 (c) (2010); Ariz.”
Scott v. Illinois, 440 U.S. 367 (1979). “1, § 11; Alaska Stat. Ann. § 18.85.100 (1974) (any offense punishable by incarceration; or which may result in loss of valuable license or heavy fine); Alexander v.”
Nichols v. United States, 511 U.S. 738 (1994). “, Alaska Stat. Ann. § 18.85.100 (1991) ("serious" crime means any crime where imprisonment authorized); Ariz.”
Grinols v. State, 10 P.3d 600 (Alaska Ct. App. 2000). “See AS 18.85.100(c). See also Donnelly v. State, 516 P.”
Grinols v. State, 74 P.3d 889 (Alaska 2003). “An indigent defendant is guaranteed legal representation in a first application for post-conviction relief both under the Alaska Constitution 37 and under AS 18.85.100(0). 38 If defendant's post-conviction relief counsel were ineffective, viable challenges to a conviction would…”
Burks v. State, 748 P.2d 1178 (Alaska Ct. App. 1988). “[3] The right to representation by a public defender is provided by AS 18.85.100, which reads in part: Right to Representation, Services and Facilities.”
— Alaska Stat. § 18.85.100(0) — 1 case
Grinols v. State, 74 P.3d 889 (Alaska 2003). “An indigent defendant is guaranteed legal representation in a first application for post-conviction relief both under the Alaska Constitution 37 and under AS 18.85.100(0). 38 If defendant's post-conviction relief counsel were ineffective, viable challenges to a conviction would…”
— Alaska Stat. § 18.85.100(2) — 1 case
Off. of Pub. Advocacy v. Superior Court, Second Jud. Dist., 3 P.3d 932 (Alaska 2000).
— Alaska Stat. § 18.85.100(3) — 1 case
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “The Alaska Legislature has also created the Office of Public Advocacy to provide legal representation to indigent eriminal defendants "who are entitled to representation under AS 18.85.100 and who cannot be represented by the public defender agency because of a conflict of…”
— Alaska Stat. § 18.85.100(32) — 1 case
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “The Alaska Legislature has also created the Office of Public Advocacy to provide legal representation to indigent eriminal defendants "who are entitled to representation under AS 18.85.100 and who cannot be represented by the public defender agency because of a conflict of…”
— Alaska Stat. § 18.85.100(3a)(1) — 1 case
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “The Alaska Legislature has also created the Office of Public Advocacy to provide legal representation to indigent eriminal defendants "who are entitled to representation under AS 18.85.100 and who cannot be represented by the public defender agency because of a conflict of…”
— Alaska Stat. § 18.85.100(a) — 19 cases
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “1 The pertinent statute, AS 18.85.100(a), actually declares that indigent criminal defendants are entitled to two types of services at public expense: (1) “to be represented .”
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “The Alaska Legislature has also created the Office of Public Advocacy to provide legal representation to indigent eriminal defendants "who are entitled to representation under AS 18.85.100 and who cannot be represented by the public defender agency because of a conflict of…”
Marlon Mack v. State of Alaska, 523 P.3d 1235 (Alaska Ct. App. 2023). “2d 910, 915-16 (Alaska 1971) (recognizing that article I, section 11 of the Alaska Constitution — and by extension, AS 18.85.100, the Public Defender Act — guarantees an indigent defendant in a criminal prosecution the right to the assistance of counsel).”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “In AS 18.85.100, Alaska’s Public Defender Act describes the rights of indigent persons “to representation, services, and facilities.”
Flores v. Flores, 598 P.2d 893 (Alaska 1979).
— Alaska Stat. § 18.85.100(a)(1) — 4 cases
Burks v. State, 748 P.2d 1178 (Alaska Ct. App. 1988). “[3] The right to representation by a public defender is provided by AS 18.85.100, which reads in part: Right to Representation, Services and Facilities.”
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “1 The pertinent statute, AS 18.85.100(a), actually declares that indigent criminal defendants are entitled to two types of services at public expense: (1) “to be represented .”
McCracken v. State, 521 P.2d 499 (Alaska 1974).
Alaska Pub. Def. Agency v. Superior Court, Third Jud. Dist., Anchorage, 343 P.3d 914 (Alaska Ct. App. 2015).
— Alaska Stat. § 18.85.100(a)(2) — 4 cases
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “1 The pertinent statute, AS 18.85.100(a), actually declares that indigent criminal defendants are entitled to two types of services at public expense: (1) “to be represented .”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “In AS 18.85.100, Alaska’s Public Defender Act describes the rights of indigent persons “to representation, services, and facilities.”
State v. Groppel, 433 P.3d 1113 (Alaska 2018).
Alaska Pub. Def. Agency v. Superior Court, 413 P.3d 1221 (Alaska Ct. App. 2018).
— Alaska Stat. § 18.85.100(a)(l) — 1 case
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “1 The pertinent statute, AS 18.85.100(a), actually declares that indigent criminal defendants are entitled to two types of services at public expense: (1) “to be represented .”
— Alaska Stat. § 18.85.100(a2) — 1 case
Off. of Pub. Advocacy v. Superior Court, Second Jud. Dist., 3 P.3d 932 (Alaska 2000).
— Alaska Stat. § 18.85.100(b) — 2 cases
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “In AS 18.85.100, Alaska’s Public Defender Act describes the rights of indigent persons “to representation, services, and facilities.”
Alaska Legal Servs. Corp. v. Thomas, 623 P.2d 342 (Alaska 1981).
— Alaska Stat. § 18.85.100(c) — 10 cases
Marlon Mack v. State of Alaska, 523 P.3d 1235 (Alaska Ct. App. 2023). “2d 910, 915-16 (Alaska 1971) (recognizing that article I, section 11 of the Alaska Constitution — and by extension, AS 18.85.100, the Public Defender Act — guarantees an indigent defendant in a criminal prosecution the right to the assistance of counsel).”
Grinols v. State, 74 P.3d 889 (Alaska 2003). “An indigent defendant is guaranteed legal representation in a first application for post-conviction relief both under the Alaska Constitution 37 and under AS 18.85.100(0). 38 If defendant's post-conviction relief counsel were ineffective, viable challenges to a conviction would…”
Griffin v. State, 18 P.3d 71 (Alaska Ct. App. 2001).
Tazruk v. State, 67 P.3d 687 (Alaska Ct. App. 2003).
Grinols v. State, 10 P.3d 600 (Alaska Ct. App. 2000). “See AS 18.85.100(c). See also Donnelly v. State, 516 P.”
— Alaska Stat. § 18.85.100(c)(1) — 4 cases
Grinols v. State, 10 P.3d 600 (Alaska Ct. App. 2000). “See AS 18.85.100(c). See also Donnelly v. State, 516 P.”
Alex v. State, 210 P.3d 1225 (Alaska Ct. App. 2009).
Wassilie v. State, 331 P.3d 1285 (Alaska Ct. App. 2014).
Wassillie v. State (Alaska Ct. App. 2014).
— Alaska Stat. § 18.85.100(c)(2) — 2 cases
Wassilie v. State, 331 P.3d 1285 (Alaska Ct. App. 2014).
Wassillie v. State (Alaska Ct. App. 2014).
— Alaska Stat. § 18.85.100(e) — 1 case
— Alaska Stat. § 18.85.100(f) — 1 case
— Alaska Stat. § 18.85.100(g) — 1 case
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