Public defender & indigent legal services

 

The Sixth Amendment to the U.S. Constitution establishes the right of federal criminal defendants to counsel, a right which was extended by the U.S. Supreme Court to defendants in all criminal prosecutions that carry a sentence of imprisonment, regardless of whether the case is state or federal or is a felony or misdemeanor. Methods of delivery of indigent legal defense services vary by level of government and by jurisdiction.

Civil legal assistance to the poor is not currently recognized as a civil right. Currently, the largest deliverer of civil legal assistance to the poor is the Legal Services Corporation (LSC), a 501(c)(3) nonprofit created by Congress in the 1970s, which funds programs in all 50 states, including the Alaska Legal Services Corporation (ALCS).

Alaska

Indigent criminal defense

State of Alaska

  • Public Defender Agency. Alaska Department of Administration. The Public Defender Agency provides constitutionally mandated legal representation to indigent clients in criminal, juvenile delinquency, Child in Need of Aid, and (psychiatric) civil commitment cases; petitions to revoke probation; appeals in criminal, juvenile delinquency, and Child In Need of Aid cases; post-conviction relief applications; and parole hearings.
  • Office of Public Advocacy (OPA). Alaska Department of Administration. OPA is statutorily mandated to accept court appointments in when the Public Defender Agency has a conflict in adult criminal cases, juvenile delinquency cases, Child in Need of Aid, and (psychiatric) civil commitment cases.

Civil legal assistance

Pro bono legal assistance

Pro se (self-represented) litigants

Publications

National

Civil legal assistance

Pro se (self-represented) litigants

Indigent criminal defense

Facts & statistics on indigent criminal defense

U.S. Supreme Court decisions

These cases had a crucial impact on the rights to legal defense of indigent criminal defendants.

Gideon v. Wainwright (372 U.S. 335 [1963]). Established the right to counsel of defendants charged with felonies, including state crimes.

Argersinger v. Hamlin (407 U.S. 25 [1972]). Extended an indigent's right to counsel to all criminal prosecutions, felony or misdemeanor, which carry a sentence of imprisonment.