Alaska R. Crim. P. 39

(a) Informing Defendant of Right to Counsel. The

court shall advise a defendant who appears without counsel for

arraignment, change of plea, or trial of the right to be

represented by counsel, and ask if the defendant desires the aid

of counsel. The court shall not allow a defendant to proceed

without an attorney unless the defendant understands the

benefits of counsel and knowingly waives the right to counsel.

(b) Appointment of Counsel for Persons Financially

Unable to Employ Counsel.

(1) If a defendant desires the aid of counsel but claims a

financial inability to employ counsel, the court or its designee

shall determine whether the defendant is eligible for court-appointed counsel under Criminal Rule 39.1.

(2) Before the court appoints counsel for an indigent

defendant at public expense, the court shall advise the

defendant that the defendant will be ordered to repay the

prosecuting authority for the cost of appointed counsel, in

accordance with paragraph (d) of this rule, if the defendant is

convicted of an offense. The court may enter such orders as

appear reasonably necessary to prevent the defendant from

dissipating assets to avoid payment of this cost.

(3) If the court or its designee determines that a

defendant is eligible for court-appointed counsel under

Criminal Rule 39.1, the court shall appoint counsel pursuant to

Administrative Rule 12 and notify counsel of the appointment.

(4) In the absence of a request by a defendant otherwise

entitled to appointment of counsel, the court shall appoint

counsel unless the court finds that the defendant understands

the benefits of counsel and knowingly waives the right to

counsel.

(5) If the trial court denies a defendant’s request for

appointed counsel, the defendant may request review of this

decision by the presiding judge of the judicial district by filing

a motion with the trial court within three days after the date of

notice, as defined in Criminal Rule 32.3(c), of the denial. The

trial court shall forward the motion, relevant materials from the

court file, and an electronic recording of any relevant

proceedings to the presiding judge. The presiding judge or his

or her designee shall issue a decision within three days of

receipt of these materials.

(c) Costs of Appointed Counsel.

(1) Entry of Judgment.

(A) At the time of sentencing, revocation of probation,

denial of a motion to withdraw plea, and denial of an

application brought under Criminal Rule 35.1, the court shall

inquire whether there is good cause why the court should not

enter judgment for the cost of appointed counsel in the amount

set out in subsection (d) of this rule. If no one asserts good

cause to reduce the amount called for in subsection (d), the

court shall enter judgment against the defendant in that

amount. If it is alleged that there is good cause to reduce the

normal amount, the court may either decide the issue at that

time and enter judgment accordingly or schedule another

hearing to consider the issue.

(B) If the court finds that the actual cost of appointed

counsel is less than the amount of payment called for in

subsection (d), the court shall not enter judgment in an amount

greater than the actual cost of counsel.

(C) The judgment must be in writing. A copy of the

judgment must be served on the defendant. The judgment bears

interest at the rate specified in AS 09.30.070(a) from the date

judgment is entered. The court shall order the defendant to

apply for permanent fund dividends every year in which the

defendant qualifies for the dividend until the judgment is paid

in full.

(2) Collection.

(A) The judgment has the same force and effect as a

judgment in a civil action in favor of the prosecuting authority

and is subject to execution.

(B) All proceedings to enforce the judgment shall be in

accordance with the statutes and court rules applicable to civil

judgments. The judgment is not enforceable by contempt.

Payment of the judgment may not be made a condition of a

defendant’s probation. Default or failure to pay the judgment

may not affect or reduce the rendering of services on appeal or

any other phase of a defendant’s case in any way. A defendant

does not have a right to be represented by appointed counsel in

connection with proceedings under paragraph 39(c) or any

proceedings to collect the judgment.

(C) Upon showing of financial hardship, the court shall

allow a defendant subject to a judgment under this rule to

make payments under a repayment schedule. A defendant may

petition the court at any time for remission, reduction or

deferral of the unpaid portion of the judgment. The court may

remit or reduce the balance owing on the judgment or change

the method of payment if the payment would impose manifest

hardship on the defendant or the defendant’s immediate

family.

(D) Notwithstanding section 39(c)(2)(B), a defendant

may be held in contempt for failing to comply with an order

under this rule to apply for a permanent fund dividend.

(3) Appeal.

(A) If the defendant appeals the conviction, enforcement

of the judgment may be stayed by the trial court or the

appellate court upon such terms as the court deems proper.

(B) If the defendant’s conviction is reversed, the clerk

shall vacate the judgment and order the prosecuting authority

to repay all sums paid in satisfaction of the judgment, plus

interest at the rate specified in AS 09.30.070(a).

(d)

Schedule of Costs. Except for good cause shown as

provided in paragraph (c)(1), the following schedules govern

the assessment of costs of appointed counsel under subsection

(c). If a defendant is convicted of more than one offense in a

single dispositive court proceeding, costs shall be based on the

most serious offense of which the defendant is convicted. If a

defendant is otherwise convicted of more than one offense,

costs shall be separately assessed for each conviction. For good

cause shown, the court may waive the schedule of costs and

assess fees up to the actual cost of appointed counsel,

including actual expenses.

Misdemeanors

Trial

$500.00

Change of plea

200.00

Post-conviction relief or

contested probation revocation

proceedings in the trial court

250.00

Felonies

Class

Class A

Murder

B & C

and

in the

Unclassified

1st and

(Except

2nd

Murder)

Degrees

Trial

$1,500.00

$2,500.00

$5,000.00

Change of plea

after substantive

motion work and

hearing and

before trial

commences

1,000.00

1,500.00

2,500.00

Change of plea

post-indictment

but prior to

substantive

motion work

and hearing

500.00

1,000.00

2,000.00

Change of plea

prior to

indictment

250.00

500.00

750.00

Post-conviction

relief or probation revocation proceeding in trial court

250.00

500.00

750.00

(e) Review of Defendant’s Financial Condition.

(1) The court may review a defendant’s financial status

at any time after appointment of counsel to determine (A)

whether the defendant continues to be eligible for court-appointed counsel under Criminal Rule 39.1; or (B) whether

the defendant was eligible for court-appointed counsel when

the appointment was made.

(2) If the court determines that a defendant is no longer

eligible for court-appointed counsel under Criminal Rule 39.1,

the court may

(A) terminate the appointment; or

(B) continue the appointment and, at the conclusion of

the criminal proceedings against the defendant in the trial

court, enter judgment against the defendant for the actual cost

of appointed counsel, including actual expenses, from the date

of the change in the defendant’s financial status through the

conclusion of the trial court proceedings.

(3) If the court determines that a defendant was not

eligible for court-appointed counsel when the appointment was

made, the court may

(A) terminate the appointment and enter judgment against

the defendant for the actual costs of appointed counsel,

including actual expenses, from the date of appointment

through the date of termination; or

(B) continue the appointment and, at the conclusion of

the criminal proceedings against the defendant in the trial

court, enter judgment against the defendant for the actual cost

of appointed counsel from the date of the appointment through

the conclusion of the trial court proceedings.

(4) A defendant may request review of the court’s

decision to terminate the appointment according to the

procedure set out in subparagraph 39(b)(5).

(5) Judgment may be entered against a defendant under

this paragraph regardless of whether the defendant is convicted

of an offense.