Legislature(2023 - 2024)
2024-02-09 House Journal
Full Journal pdf2024-02-09 House Journal Page 1462 HB 315 HOUSE BILL NO. 315 by the House Rules Committee by Request of the Governor, entitled: "An Act defining 'public agency' for appointments of the office of public advocacy; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2024-02-09 House Journal Page 1463 The Governor's transmittal letter dated February 8 follows: "Dear Speaker Tilton: Under the authority of Article III, Section 18 of the Alaska Constitution, I am transmitting a bill defining "public agency" for the purpose of appointments for the Office of Public Advocacy (OPA). The definition will clarify when OPA should be appointed in cases involving child custody. The enabling statute of OPA allows the office to be appointed to represent indigent parties in cases involving child custody when the opposing party is represented by a public agency. These cases are primarily divorce and child custody proceedings with which state- funded attorneys do not normally become involved. Over the last few decades, a body of caselaw has developed that greatly expands the definition of "public agency" and, therefore, the number of child custody cases in which OPA could be appointed. In Flores v. Flores, 598 P.2d 893 (Alaska, 1979), the Alaska Supreme Court determined that a private nonprofit enterprise qualified as a "public agency," which entitled an indigent parent to court-appointed counsel. Since 1979, the definition of "public agency" was never challenged or clarified by the legislature. In 2011, the court continued to expand the definition of "public agency" in In re Alaska Network on Domestic Violence and Sexual Assault, holding that the use of the term "public agency" in Flores refers primarily to the nature of an organization's funding sources, and not to an organization's status as a government agency 264 P.3d 835 (Alaska, 2011). These cases significantly expanded the definition of "public agency" for the purposes of court- appointed counsel. Each time this definition is expanded OPA faces the prospect of being appointed as counsel in additional divorce cases involving child custody. If the definition of "public agency" in OPA's enabling statute is not clarified, the office will be appointed in an increasing number of cases for which it is not funded. This bill would limit the definition of "public agency" to its common meaning: governmental agencies (federal, state, or municipal), as opposed to entities who merely receive governmental funding. Under this new definition, OPA would only be appointed in divorce proceedings involving child custody where the opposing party was 2024-02-09 House Journal Page 1464 represented by the federal government or a state or municipal government. This bill will allow OPA to provide more effective representation to cases that fit within its core mission. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor"