RESEK v. STATE

No. S-205.

706 P.2d 288 (1985)

Alexander N. RESEK, Sr., Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

Rehearing Granted in Part and Opinion Amended October 2 and October 15, 1985.


Attorney(s) appearing for the Case

Daniel E. Winfree, Perkins, Coie, Stone, Olsen & Williams, Anchorage, for petitioner.

David Mannheimer, Asst. Atty. Gen., Anchorage, and Norman C. Gorsuch, Atty. Gen., Juneau, for respondent.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.


OPINION

RABINOWITZ, Chief Justice.

This petition presents the question of whether an indigent claimant has a constitutional right to appointed counsel at public expense in an in rem forfeiture proceeding. We hold that such an action is not a "criminal prosecution" within the meaning of Article 1, Section 11 of the Alaska Constitution, which provides that "[i]n all criminal prosecutions, the accused shall have the right to ... have the assistance of counsel...

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