Rule 16. Right to Counsel

(a) Notice of Right to Counsel. The court shall inform the child, parent or guardian at the first hearing at which they are present of their respective rights to be represented by counsel at all subsequent stages of the proceedings. (b) Appointed Counsel. The court shall appoint counsel pursuant to Criminal Rule 39 and Administrative Rule 12 for a juvenile not represented by counsel of choice. The court may order a parent to deposit an appropriate sum consistent with the parent’s financial ability in the registry of the court to pay for the appointment. At the disposition phase of a delinquency case, the court shall, if requested, appoint counsel pursuant to Administrative Rule 12 and AS 44.21.410(a)(4) for a parent or guardian who is financially unable to employ counsel if the court concludes that custody is at issue, the interests of the parent or guardian and the child are in conflict, and the interests of the parent or guardian are not adequately protected. (c) Waiver of Right to Counsel. The court shall accept a valid waiver of the right to counsel by a juvenile if the requirements of AS 47.12.090(a) are met. Note: Chapter 70 SLA 2005 (SB 154) enacted changes concerning proceedings relating to delinquent minors. According to section 10 of the Act, the changes made by sections 1-8 of the Act have the effect of amending Delinquency Rule 16(a) and (b) by requiring the court to conform the rule to the statutory changes to acknowledge the inclusion of certain persons 18 years of age or over as minors under AS 47.12 and AS 47.14 and to acknowledge the special statutory provisions contained in sections 1-8 of the Act applicable to those persons. Cross References CROSS REFERENCE: AS 25.24.310; AS 47.12.090; AS 47.12.250(c).