Alaska
The state of Alaska funds and administers indigent defense services in adult criminal cases for some case types. Local governments are responsible for other case types. Two state agencies provide state services. The state has no commission providing oversight of the agencies or of local services.
The state of Alaska funds and administers almost all indigent defense services for adult criminal cases in its appellate courts. Local governments are responsible for a small portion of cases. Two agencies administer state services. The state has no commission providing oversight of the agencies or of local services.
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30 Boroughs Primarily State Funded
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30 Boroughs Shared State and Locally Administered
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30 Boroughs with No Commission and Limited Authority
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30 Boroughs Primarily State Funded
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30 Boroughs Primarily State Administered
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30 Boroughs with No Commission and Limited Authority
For all adult trial-level criminal cases except municipal ordinances, two state-funded agencies administer services. The Public Defender Agency (PDA) provides primary services mainly through public defender branch offices but also through some contracts with private attorneys. PDA also handles appeals. The Office of Public Advocacy (OPA) provides conflict services in criminal trials through branch offices and contracts with private attorneys (hourly) and law firms (flat fees). OPA also handles appeals and civil cases. State law requires municipalities that prosecute jailable ordinances to fund and administer indigent defense services for those cases. Municipalities can do so by contracting with either state agency.
The governor appoints the public defender to lead PDA, and the Department of Administration’s commissioner, a governor-appointee, appoints a director to lead OPA. Both agencies oversee only the delivery of state services, meaning that they have no oversight of indigent defense services in municipal ordinance prosecutions unless the municipality has chosen to contract with them for services.
Two state-funded agencies administer indigent defense services in almost all appeals across Alaska. The Public Defender Agency (PDA) provides services in appellate courts through its statewide appellate division. PDA also handles appeals for juvenile and child in need of aid cases, trials for criminal cases, and applications for post-conviction relief and parole. The Office of Public Advocacy (OPA) provides services in appellate courts through its appeals section as well as contracts with private attorneys. OPA also handles conflict cases for adult criminal defendants and civil matters.
The governor appoints the public defender to lead PDA, and the Department of Administration’s commissioner, a governor-appointee, appoints a director to lead OPA. Appeals from municipal ordinance violations, which make it to the state’s appellate courts, are the responsibility of the municipalities in which they arise.
Dig Deeper
How is state oversight structured without a commission?
How are the heads of the state government agencies appointed?
In which branch of state government does the indigent defense system reside?
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
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