Attorney General Opinions | 2012 Alas. AG LEXIS 3 | 2018
HCS CSSB 135(FIN) -- relating to the rights of crime victims; relating to the duties of prosecuting attorneys; relating to the victims' advocate and to the term of office of the victims' advocate; relating to the appointment of counsel for persons accused of crimes; and amending Rules 39.1 and 45, Alaska Rules of Criminal Procedure
REQUESTBY:
The Honorable Sean Parnell
Governor
State of Alaska
P.O. Box 110001
Juneau, Alaska 99811-0001
OPINIONBY:
Michael C. Geraghty, Attorney General
OPINION:
At the request of your legislative director, we have reviewed HCS CSSB 135(FIN) (SB 135), relating to the rights of crime victims; relating to the duties of prosecuting attorneys; relating to the victims' advocate and to the term of office of the victims' advocate; relating to the appointment of counsel for persons accused of crimes; and amending Rules 39.1 and 45, Alaska Rules of Criminal Procedure. The bill relates to victims, the public advocate, and counsel for the accused.
Article I, sec. 24 of the Alaska Constitution gives crime victims constitutional rights. Statutory law enumerates these rights in more detail, such as the right to notice of every scheduled court proceeding. SB 135 would expand these rights by providing [*2] that crime victims have a right to be notified by a law enforcement agency or the prosecuting attorney if a request for a continuance is made that may substantially delay prosecution of the defendant. SB 135 would also expand the duties of the prosecuting attorney to require that the prosecutor inform a victim of a felony or crime involving domestic violence of a pending motion that may cause a substantial delay in the prosecution. The bill defines "substantial delay" to mean a delay of one month or longer in a misdemeanor prosecution, two months or longer in a felony prosecution, and six months or longer in an appeal.
The bill would change Rule 45(d)(2), Alaska Rules of Criminal Procedure, to require that the court consider the interests of the victim, if known, and the effects on the victim and the victim's position on a motion for continuance, if known, before granting a motion for continuance of trial.
In summary, SB 135 would give crime victims the opportunity for notice of potential delays and to inform the court of their position. It requires that the court take the victims' concerns and rights into account in deciding whether to grant a request that would cause a substantial [*3] delay.
Senate Bill 135 also addresses the appointment procedures for the victims' advocate. It clarifies that if the victims' advocate wishes to apply for reappointment for another five-year term of office, that person must submit an application for reappointment. It changes the procedure for filling the position if a successor has not been appointed when the sitting advocate's term expires. Under current law the incumbent would serve until a new advocate is appointed; the bill would require the acting advocate to serve until a new person is appointed. Further, the bill would give the legislature more flexibility in paying the victims' advocate by changing the salary from Range 26, Step A for Juneau to any step on Range 26 for Juneau.
The bill would specifically require that a court, in considering whether a person qualifies for the services of the Public Defender Agency, consider the applicant's financial resources as well as other factors relating to the person's ability to pay. Additionally, an applicant for representation by court-appointed counsel must provide the required information to the court under penalty for perjury.
This bill presents no legal problems or other concerns. [*4]