ALASKA COURT RULES

(g) Other Eligibility. If the court does not find that the defendant is presumptively eligible under paragraph (f), the court shall conduct an inquiry sufficient to determine whether the defendant is eligible for court-appointed counsel under the standard stated in paragraph (b). The court may make this determination based on the information then available to the court or, when appropriate, may (1) require the defendant to submit a completed financial resources affidavit with supporting documentation of income; (2) require the defendant to submit information or documentation concerning particular assets or expenses; (i) Adjusted Federal Poverty Guidelines. The “adjusted federal poverty guidelines amount” is the federal poverty guidelines amount for Alaska increased by the geographic cost-of-living adjustment established in AS 39.27.020 for the court location nearest the defendant’s residence. (j) Responsibilities of Administrative Director. The administrative director shall (1) publish annually an administrative bulletin specifying the adjusted federal poverty guidelines amount for each court location;3 and (3) require the defendant to appear at a representation (2) periodically review the efficacy of the appointment hearing or a pretrial services interview; or procedure established by this rule. (4) require the defendant to make reasonable efforts to retain private counsel and to report these efforts to the court orally or in writing. (h) Allowable Household Expenses. (1) Allowable Expenses. The following household expenses are allowable to the extent they are reasonable: (A) housing; (B) utilities; (C) food; (D) health care; (E) child care; (F) insurance; (Adopted by SCO 1351 effective May 15, 1999; and amended by SCO 1788 effective June 19, 2012.) Editor’s notes. Notes 1 AS 18.85.170(4) defines “indigent person” for purposes of public defender appointments as “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.” 2 For the current homestead exemption amount, See 8 AAC 95.030. This Department of Labor regulation, rather than AS 09.38.010, establishes the amount of the homestead exemption. See AS 09.38.115. (G) transportation (for one vehicle for each person whose income is considered); 3 See Admin. Bulletin 65 (H) minimum loan and credit card payments; and (I) mandatory child support and other court-imposed obligations; and (J) other expenses that the court deems essential. (2) Alternative to Calculating Actual Expenses. As an alternative to calculating actual household expenses, the court may assume that these expenses are approximately equal to the adjusted federal poverty guidelines amount for the defendant’s household size. (3) Expenses Paid by Other Persons. The expenses described in (h)(1) and (h)(2) are allowable only to the extent they are paid (or were supposed to be paid) by the defendant. If another person, such as a spouse, relative, or roommate, pays some or all of the household expenses, the court shall disregard the portion of the expenses paid by that person. If the defendant is married, the court should assume, absent a showing of good cause, that each spouse pays an amount proportionate to that spouse’s relative income. See Admin.Rule 12 for the procedure for appointment of counsel at public expense. Note (effective nunc pro tunc to June 19, 2012): Chapter 72, section 6, SLA 2012 (SB 135), effective June 19, 2012, amended Criminal Rule 39.1(e) relating to the appointment of counsel for persons accused of crimes, as reflected in section 2 of this Order. The changes to Criminal Rule 39.1(e) are adopted for the sole reason that the legislature has mandated the amendments.