In Re Alaska Network on Domestic Violence & Sexual Assault
264 P.3d 835
Alaska2011Background
- 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)
