Alaska Statutes
Alaska Stat. § 18.85.170 (2026)
Definitions
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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, at the time need is determined, does not have sufficient assets, credit, or other means to provide for payment of an attorney and all other necessary expenses of representation without depriving the party or the party's dependents of food, clothing, or shelter and who has not disposed of any assets since the commission of the offense with the intent or for the purpose of establishing eligibility for assistance under this chapter;
(5) “serious crime” includes
(A) a criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution;
(B) an act that, but for the age of the person involved, would otherwise be a serious crime.
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, at the time need is determined, does not have sufficient assets, credit, or other means to provide for payment of an attorney and all other necessary expenses of representation without depriving the party or the party's dependents of food, clothing, or shelter and who has not disposed of any assets since the commission of the offense with the intent or for the purpose of establishing eligibility for assistance under this chapter;
(5) “serious crime” includes
(A) a criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution;
(B) an act that, but for the age of the person involved, would otherwise be a serious crime.
Notes of Decisions
Cited in 13
cases, 1971–2019 · leading case: Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019).
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “” DJJ observes that the Act defines “indigent person,” in part, as one who lacks the “means to provide for payment of an attorney and all other necessary expenses of representation,”36 and that it defines “expenses,” “when used with reference to representation,” to include “an…”
George v. State, 944 P.2d 1181 (Alaska Ct. App. 1997). “120(b) and AS 18.85.170(4). The same flexible approach is required: a court must examine a person’s expenses, determine which ones are necessary, then compare those necessary expenses to the person’s income and accumulated assets.”
Mathews v. Mathews, 676 N.W.2d 42 (Neb. 2004). “2d 1258, 1263 (Alaska 1999), quoting Alaska Stat. § 18.85.170 (4) (Lexis 2002) (indigent person is “‘a person who, at the time need is determined, does not have sufficient assets, credit, or other means to provide payment of an attorney and all other necessary expenses of…”
Pub. Def. Agency v. Superior Court, Third Jud. Dist., 534 P.2d 947 (Alaska 1975). “AS 18.85.170(5) (A) defines a “serious crime” as including “a criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution.”
Alaska Pub. Def. Agency v. Superior Court of the State, First Jud. Dist. at Juneau, 584 P.2d 1106 (Alaska 1978). “The principal question to be decided here is whether the offense of "harassment," as defined in the Juneau municipal ordinance, is a "serious crime," within the meaning of AS 18.85.170(5). That statute, which deals with the Public Defender Agency, defines the term "serious…”
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “…39 . Id. at 756 . 40 . Id. at 759 . 41 . Id. at 760 . 42 . AS 18.85.170(4) (emphasis added).”
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “This proposal has the least force, and leads to the most dubious consequences, in instances where a defendant qualifies as “indigent” under AS 18.85.170(4), not because they are unable to pay a private attorney’s retainer, but because they are unable to afford the additional…”
Alexander v. City of Anchorage, 490 P.2d 910 (Alaska 1971). “AS 18.85.170(5) defines a “serious crime” to include a “criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution.”
Jordan v. Jordan, 983 P.2d 1258 (Alaska 1999). “AS 18.85.170(4). 11 . State v. Albert, 899 P.”
Gottschalk v. State, 602 P.2d 448 (Alaska 1979). “An evi-dentiary hearing was held on Monday and the court determined that Gottschalk failed to qualify under AS 18.85.170(4) for appointment of counsel at public expense.”
Off. of Pub. Advocacy v. Superior Court, Second Jud. Dist., 3 P.3d 932 (Alaska 2000). “100 and AS 18.85.170. It reasons that because the father is not an "indigent person" as AS 18.”
Benson v. State, 160 P.3d 161 (Alaska Ct. App. 2007). “Since a person's freedom prior to trial often is essential to the preparation of an adequate defense,.”
— Alaska Stat. § 18.85.170(3) — 1 case
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “” DJJ observes that the Act defines “indigent person,” in part, as one who lacks the “means to provide for payment of an attorney and all other necessary expenses of representation,”36 and that it defines “expenses,” “when used with reference to representation,” to include “an…”
— Alaska Stat. § 18.85.170(4) — 7 cases
George v. State, 944 P.2d 1181 (Alaska Ct. App. 1997). “120(b) and AS 18.85.170(4). The same flexible approach is required: a court must examine a person’s expenses, determine which ones are necessary, then compare those necessary expenses to the person’s income and accumulated assets.”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “” DJJ observes that the Act defines “indigent person,” in part, as one who lacks the “means to provide for payment of an attorney and all other necessary expenses of representation,”36 and that it defines “expenses,” “when used with reference to representation,” to include “an…”
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “…39 . Id. at 756 . 40 . Id. at 759 . 41 . Id. at 760 . 42 . AS 18.85.170(4) (emphasis added).”
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “This proposal has the least force, and leads to the most dubious consequences, in instances where a defendant qualifies as “indigent” under AS 18.85.170(4), not because they are unable to pay a private attorney’s retainer, but because they are unable to afford the additional…”
Jordan v. Jordan, 983 P.2d 1258 (Alaska 1999). “AS 18.85.170(4). 11 . State v. Albert, 899 P.”
— Alaska Stat. § 18.85.170(5) — 3 cases
Alaska Pub. Def. Agency v. Superior Court of the State, First Jud. Dist. at Juneau, 584 P.2d 1106 (Alaska 1978). “The principal question to be decided here is whether the offense of "harassment," as defined in the Juneau municipal ordinance, is a "serious crime," within the meaning of AS 18.85.170(5). That statute, which deals with the Public Defender Agency, defines the term "serious…”
Pub. Def. Agency v. Superior Court, Third Jud. Dist., 534 P.2d 947 (Alaska 1975). “AS 18.85.170(5) (A) defines a “serious crime” as including “a criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution.”
Alexander v. City of Anchorage, 490 P.2d 910 (Alaska 1971). “AS 18.85.170(5) defines a “serious crime” to include a “criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution.”
— Alaska Stat. § 18.85.170(5)(A) — 1 case
Pub. Def. Agency v. Superior Court, Third Jud. Dist., 534 P.2d 947 (Alaska 1975). “AS 18.85.170(5) (A) defines a “serious crime” as including “a criminal matter in which a person is entitled to representation by an attorney under the Constitution of the State of Alaska or the United States Constitution.”
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