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(a) In order to provide effective in-court advocacy for crime victims, and to otherwise protect and advance their statutory and constitutional rights, including their constitutional right to counsel, the victims' advocate may provide legal services and otherwise represent a crime victim in any ongoing legal action, criminal case or juvenile adjudication before any court or administrative or quasi-administrative body whenever, in the judgment of the victims' advocate, there is reason to believe a crime victim may have been denied, is being denied, or may in the future be denied a right under the constitution and the laws of the state, by any person or justice agency. The right to representation includes the bringing of an action on behalf of a crime victim when, in the judgment of the victims' advocate, the action will protect and advance the crime victim's statutory and constitutional victim rights.
(b) Before the victims' advocate represents a crime victim in a case under (a) of this section, the crime victim must submit a signed complaint to the victims' advocate in accordance with 23 AAC 10.010.
(c) When advocating on behalf of a crime victim, the victims' advocate is entitled, upon request, to receive all information and records available to the victims' advocate as provided in AS 24.65.
(d) In AS 24.65.110 (c) and this title, "ongoing criminal case or juvenile adjudication" includes an active or closed prosecution, trial, legal action, lawsuit, or juvenile adjudication of any kind, at any stage or proceeding of the trial, legal action, adjudicatory hearing, parole or probation revocation hearing, lawsuit, or juvenile adjudication, including any appeal, in a court in this or another state or of the United States; "ongoing criminal case or juvenile adjudication" includes an open or closed investigation conducted by any justice agency, including matters under investigation by a grand jury, undertaken by any one or more justice agencies of this state, regardless of whether the investigation is considered open or closed by the justice agency and regardless of whether criminal charges are still under consideration, have been filed, or have been declined by a justice agency. In this subsection, "legal action" includes a grievance before the Alaska Bar Association or the bar association or licensing or disciplinary entity of another state or jurisdiction.
(e) Nothing in this section shall be construed to confer upon the victims' advocate third-party status in any ongoing criminal case or juvenile adjudication absent the filing by the victims' advocate of a motion to intervene as a party in accordance with court rule and the granting of the motion by the court.
History: Eff. 6/27/2004, Register 170
Authority: AS 24.65.090
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Last modified 7/05/2006