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In Re Alaska Network on Domestic Violence & Sexual Assault
264 P.3d 835
Alaska
2011
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Background

  • ANDVSA represented the mother in a Juneau custody dispute; the indigent father was appointed OPA counsel under AS 44.21.410(a)(4).
  • OPA sought to intervene, move to withdraw, and convert representation to declaratory judgment; custody agreement later reached.
  • Superior Court questioned whether ANDVSA fits Flores' 'public agency' test; acknowledged similarity to ALSC but sought guidance.
  • Alaska Supreme Court granted review limited to whether ANDVSA is a 'public agency' for AS 44.21.410(a)(4).
  • The court held ANDVSA qualifies as a public agency under Flores, affirming the superior court.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is ANDVSA a 'public agency' under Flores and AS 44.21.410(a)(4)? OPA: ANDVSA is not a public agency. ANDVSA: ANDVSA is a public agency due to government funding. ANDVSA qualifies as a public agency.
Does Flores' rationale hinge on funding sources to define 'public agency'? Flores depends on ALSC as public agency; funding distinctions matter. Flores' fairness rationale applies; funding sources indicate public agency status. Flores' funding-based view applies; ANDVSA deemed public agency.
Are ALSC and ANDVSA meaningfully distinguishable on governance/structure relevant to public agency status? Differing governance argues against public agency label for ANDVSA. Board structure differences are immaterial to public agency status. No meaningful governance distinction; status treated similarly.

Key Cases Cited

  • Flores v. Flores, 598 P.2d 893 (Alaska 1979) (due process right to counsel when opposing party is publicly funded in custody disputes)
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Case Details

Case Name: In Re Alaska Network on Domestic Violence & Sexual Assault
Court Name: Alaska Supreme Court
Date Published: Dec 2, 2011
Citation: 264 P.3d 835
Docket Number: S-13685
Court Abbreviation: Alaska