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STATE v. ALBERT

No. S-5754.

899 P.2d 103 (1995)

STATE of Alaska, Appellant, v. Benjamin ALBERT, Appellee.

Supreme Court of Alaska.

June 23, 1995.

Attorney(s) appearing for the Case

Marilyn May, Asst. Atty. Gen., Anchorage, Charles E. Cole, Atty. Gen., Juneau, for appellant.

Susan Orlansky, Delaney, Wiles, Hayes, Reitman & Brubaker, Inc., Anchorage, for appellee.

Scott A. Brandt-Erichsen, Asst. Mun. Atty., Richard L. McVeigh, Mun. Atty., Anchorage, for amicus curiae Municipality of Anchorage.

Before MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON, JJ., and BRYNER, J. Pro Tem.

OPINION

MATTHEWS, Justice.

In Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), the United States Supreme Court held that in state criminal prosecutions "counsel must be provided for defendants unable to employ counsel" because of indigency. 372 U.S. at 340, 83 S.Ct. at 794. Gideon, however, did not address the subject of whether states could attempt to recover from indigent defendants...

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