Alaska Public Defender Agency v. Superior Court, Third Judicial District, Anchorage

OPINION

ALLARD, Judge.

In this original application for relief, we are asked to interpret AS 18.85:100(a), the Alaska Public Defender Agency's "enabling" statute-ie., the statute that defines the Agency's authority to provide counsel to indigent litigants. The question is whether the Agency can be appointed to serve as "standby" or "advisory" counsel in eriminal cases in which defendants have waived their constitutional right to counsel and chosen to represent themselves.

For the reasons explained here, we conclude that this enabling statute does not authorize the appointment of the Public…