Alaska Statutes
Alaska Stat. § 44.21.410 (2026)
Powers and duties
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 44.21.410. Powers and duties.
(a) The office of public advocacy shall
(1) perform the duties of the public guardian under AS 13.26.700 — 13.26.750;
(2) provide guardian ad litem services to children in child protection actions under AS 47.17.030(e) and to wards and respondents in guardianship proceedings who will suffer financial hardship or become dependent upon a government agency or a private person or agency if the services are not provided at state expense under AS 13.26.041;
(3) provide legal representation in cases involving judicial bypass procedures for minors seeking abortions under AS 18.16.030, in guardianship proceedings to respondents who are financially unable to employ attorneys under AS 13.26.226(b), to indigent parties in cases involving child custody in which the opposing party is represented by counsel provided by a public agency, and to indigent parents or guardians of a minor respondent in a commitment proceeding concerning the minor under AS 47.30.775;
(4) provide legal representation and guardian ad litem services under AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to remove the disabilities of a minor under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases involving indigent persons 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 interests;
(5) develop and coordinate a program to recruit, select, train, assign, and supervise volunteer guardians ad litem from local communities to aid in delivering services in cases in which the office of public advocacy is appointed as guardian ad litem;
(6) Provide guardian ad litem services in proceedings under AS 12.45.046 or AS 18.15.355 — 18.15.395;
(7) establish a fee schedule and collect fees for services provided by the office, except as provided in AS 18.85.120 or when imposition or collection of a fee is not in the public interest as defined under regulations adopted by the commissioner of administration;
(8) provide guardians ad litem in proceedings under AS 47.30.839;
(9) provide legal representation to an indigent parent of a child with a disability; in this paragraph, “child with a disability” has the meaning given in AS 14.30.350;
(10) investigate complaints and bring civil actions under AS 44.21.415(a) involving fraud committed against residents of the state who are 60 years of age or older; in this paragraph, “fraud” has the meaning given in AS 44.21.415.
(b) The commissioner of administration may
(1) adopt regulations that the commissioner considers necessary to implement AS 44.21.400 — 44.21.470;
(2) report on the operation of the office of public advocacy when requested by the governor or legislature or when required by law;
(3) solicit and accept grants of funds from governments and from persons, and allocate or restrict the use of those funds as required by the grantor.
(c) [Repealed, § 28 ch 90 SLA 1991.]
(a) The office of public advocacy shall
(1) perform the duties of the public guardian under AS 13.26.700 — 13.26.750;
(2) provide guardian ad litem services to children in child protection actions under AS 47.17.030(e) and to wards and respondents in guardianship proceedings who will suffer financial hardship or become dependent upon a government agency or a private person or agency if the services are not provided at state expense under AS 13.26.041;
(3) provide legal representation in cases involving judicial bypass procedures for minors seeking abortions under AS 18.16.030, in guardianship proceedings to respondents who are financially unable to employ attorneys under AS 13.26.226(b), to indigent parties in cases involving child custody in which the opposing party is represented by counsel provided by a public agency, and to indigent parents or guardians of a minor respondent in a commitment proceeding concerning the minor under AS 47.30.775;
(4) provide legal representation and guardian ad litem services under AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to remove the disabilities of a minor under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases involving indigent persons 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 interests;
(5) develop and coordinate a program to recruit, select, train, assign, and supervise volunteer guardians ad litem from local communities to aid in delivering services in cases in which the office of public advocacy is appointed as guardian ad litem;
(6) Provide guardian ad litem services in proceedings under AS 12.45.046 or AS 18.15.355 — 18.15.395;
(7) establish a fee schedule and collect fees for services provided by the office, except as provided in AS 18.85.120 or when imposition or collection of a fee is not in the public interest as defined under regulations adopted by the commissioner of administration;
(8) provide guardians ad litem in proceedings under AS 47.30.839;
(9) provide legal representation to an indigent parent of a child with a disability; in this paragraph, “child with a disability” has the meaning given in AS 14.30.350;
(10) investigate complaints and bring civil actions under AS 44.21.415(a) involving fraud committed against residents of the state who are 60 years of age or older; in this paragraph, “fraud” has the meaning given in AS 44.21.415.
(b) The commissioner of administration may
(1) adopt regulations that the commissioner considers necessary to implement AS 44.21.400 — 44.21.470;
(2) report on the operation of the office of public advocacy when requested by the governor or legislature or when required by law;
(3) solicit and accept grants of funds from governments and from persons, and allocate or restrict the use of those funds as required by the grantor.
(c) [Repealed, § 28 ch 90 SLA 1991.]
Notes of Decisions
Cited in 25
cases (4 in the last 5 years), 1986–2025 · leading case: In Re Alaska Network on Dom. Violence & Sexual Assault, 264 P.3d 835 (Alaska 2011).
In Re Alaska Network on Dom. Violence & Sexual Assault, 264 P.3d 835 (Alaska 2011). “Flores and AS 44.21.410(a)(4), such that the Office of Public Advocacy is required to provide representation to an indigent party in a child custody dispute in which the other party is represented by ANDVSA.”
Dennis O. v. Stephanie O., 393 P.3d 401 (Alaska 2017). “” 81 Dennis claims that AS 44.21.410 violates the equal protection clause by treating similarly situated indigent parents differently.”
Off. of Pub. Advocacy v. Fannie Berezkin f/n/a Fannie Smith & Harold Smith, 514 P.3d 1281 (Alaska 2022). “2 See AS 44.21.410(a)(4) (requiring OPA to provide counsel “to indigent parties in cases involving child custody in which the opposing party is represented by counsel provided by a public agency”).”
State v. Planned Parenthood of Alaska, 35 P.3d 30 (Alaska 2001). “030(n); AS 44.21.410(a)(4), as amended by ch. 67 § 38, SLA 2001.”
Angelica C v. Jonathan C, Angelica C v. Jonathan C, 459 P.3d 1148 (Alaska 2020). “This is because AS 44.21.410(a)(5) directs OPA to “provide legal representation” in several types of proceedings, including “in cases involving petitions to adopt a minor under AS 25.”
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “100(a) or AS 44.21.410 [the Office of Public Advocacy’s counterpart to AS 18.”
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “100(a) [the statute defining the scope of the' Public Defender Agency's authority to represent indigent persons] or AS 44.21.410 [the statute defining the seope of the Office of Public Advocacy's authority to represent indigent persons]".”
Off. of Pub. Advocacy v. Superior Court, Third Jud. Dist., 462 P.3d 1000 (Alaska 2020). “13 AS 44.21.410 (defining OPA’s powers and duties); see also Alaska Admin.”
Off. of Pub. Advocacy v. Superior Court, Second Jud. Dist., 779 P.2d 809 (Alaska Ct. App. 1989). “’s parents were entitled to appointed counsel for the disposition phase of the delinquency proceedings, and that OPA was responsible for providing that representation, under AS 44.21.410(a)(4), which provides: (a) The office of public advocacy shall (4) provide legal…”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “040 under the authority of OPA’s authorizing statute, AS 44.21.410. Under the heading “[e]xtraordinary expenses,” it authorizes the reimbursement of “necessary travel and per diem by the defendant” incurred by contract attorneys under certain circumstances.”
Alaska Pub. Def. Agency v. Superior Court, 413 P.3d 1221 (Alaska Ct. App. 2018). “" 2 According to the Administrative Code, the authority for this regulation is AS 44.21.410. This statute is the authorizing statute for the Office of Public Advocacy, and it requires the Office of Public Advocacy to provide the same legal representation that an indigent person…”
Matter of K.L.J., 813 P.2d 276 (Alaska 1991). “100(a) or AS 44.21.410, but in the opinion of the court is required by law or rule, the court shall appoint an attorney who is a member of the Alaska Bar Association to provide the required services.”
— Alaska Stat. § 44.21.410(2)(5) — 1 case
Off. of Pub. Advocacy v. Superior Court, Second Jud. Dist., 3 P.3d 932 (Alaska 2000).
— Alaska Stat. § 44.21.410(a) — 1 case
McGee v. Alaska Bar Ass'n, 353 P.3d 350 (Alaska 2015).
— Alaska Stat. § 44.21.410(a)(10) — 1 case
In the Matter of the Prot. Proceedings of: v. Freddy A. (Alaska 2012).
— Alaska Stat. § 44.21.410(a)(3) — 1 case
Mohammed S. v. Abeir E. (Alaska 2023).
— Alaska Stat. § 44.21.410(a)(4) — 8 cases
In Re Alaska Network on Dom. Violence & Sexual Assault, 264 P.3d 835 (Alaska 2011). “Flores and AS 44.21.410(a)(4), such that the Office of Public Advocacy is required to provide representation to an indigent party in a child custody dispute in which the other party is represented by ANDVSA.”
Dennis O. v. Stephanie O., 393 P.3d 401 (Alaska 2017). “” 81 Dennis claims that AS 44.21.410 violates the equal protection clause by treating similarly situated indigent parents differently.”
Off. of Pub. Advocacy v. Fannie Berezkin f/n/a Fannie Smith & Harold Smith, 514 P.3d 1281 (Alaska 2022). “2 See AS 44.21.410(a)(4) (requiring OPA to provide counsel “to indigent parties in cases involving child custody in which the opposing party is represented by counsel provided by a public agency”).”
State v. Planned Parenthood of Alaska, 35 P.3d 30 (Alaska 2001). “030(n); AS 44.21.410(a)(4), as amended by ch. 67 § 38, SLA 2001.”
Off. of Pub. Advocacy v. Superior Court, Second Jud. Dist., 779 P.2d 809 (Alaska Ct. App. 1989). “’s parents were entitled to appointed counsel for the disposition phase of the delinquency proceedings, and that OPA was responsible for providing that representation, under AS 44.21.410(a)(4), which provides: (a) The office of public advocacy shall (4) provide legal…”
— Alaska Stat. § 44.21.410(a)(4d) — 1 case
In Re Alaska Network on Dom. Violence & Sexual Assault, 264 P.3d 835 (Alaska 2011). “Flores and AS 44.21.410(a)(4), such that the Office of Public Advocacy is required to provide representation to an indigent party in a child custody dispute in which the other party is represented by ANDVSA.”
— Alaska Stat. § 44.21.410(a)(5) — 8 cases
Angelica C v. Jonathan C, Angelica C v. Jonathan C, 459 P.3d 1148 (Alaska 2020). “This is because AS 44.21.410(a)(5) directs OPA to “provide legal representation” in several types of proceedings, including “in cases involving petitions to adopt a minor under AS 25.”
Off. of Pub. Advocacy v. Superior Court, Third Jud. Dist., 462 P.3d 1000 (Alaska 2020). “13 AS 44.21.410 (defining OPA’s powers and duties); see also Alaska Admin.”
Crawford v. State, 337 P.3d 4 (Alaska Ct. App. 2014). “100(a) [the statute defining the scope of the' Public Defender Agency's authority to represent indigent persons] or AS 44.21.410 [the statute defining the seope of the Office of Public Advocacy's authority to represent indigent persons]".”
Crawford v. State, 404 P.3d 204 (Alaska Ct. App. 2017). “100(a) or AS 44.21.410 [the Office of Public Advocacy’s counterpart to AS 18.”
Wassilie v. State, 331 P.3d 1285 (Alaska Ct. App. 2014).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.