Alaska
Program
Alaska Community Justice Worker Program
Education Requirements
None
Experience Requirements
None
Status
Full or part time volunteer with ALSC
Training & TEsting Requirements
Complete ALSC developed training in Rules of Professional Conduct, including, but not limited to conflicts of interest, confidentiality and duty of candor, the substantive area of law in which the person will practice, and appropriate tribunal procedures. Educational and training materials were developed in partnership with adult education specialists specifically to be low burden and easy to complete. SNAP Advocacy Course explains the food stamp application, the appeals process, and the need for fair benefits in our state. The Preparing a Will Course covers the importance of wills and covers the basic steps to writing a will. The ICWA Enforcement Course covers the Indian Child Welfare Act when applied to Child in Need of Aid cases, the importance of Tribes having a voice in these cases, and the role of ICWA Advocates in these cases. This course is most helpful to Tribal ICWA workers. The Debt Collection Defense course covers what to do if a debt is owed, and how to deal with debt collectors and lawsuits over debt. The Domestic Violence Protective Order Advocacy Course details best practices when assisting someone in getting an order of protection from a court.
Supervision Requirements
Order states only that CJWs are supervised by ALSC - does not define or set any parameters. Per Nikole, the level of supervision determined by ALSC depends on the complexity of the subject matter area: whatever is needed to assure competency of the procedure being performed. So for example in SNAP benefits appeals: much of which is deadline driven and very routinized - so one person w/ assistance from tech can supervise a lot people via tickle system, assuring deadlines are met and client has been contacted. Wills drafting requires someone to review the wills. As practically speaking at this point, supervision is being done by an attorney --but that is not required by the rule, waiver --it's a matter of still needing to grow the bench of non-lawyers with these competencies.
Scope of Permitted Activities
Current areas of activity: SNAP, wills, ICWA, debt collection, and DV protective orders. Alaska’s UPL statute is very narrow so CJWs are already able to do many activities that in most other states would be UPL. For example: SNAP CJWs can provide legal assistance and representation in administrative hearing w/o having a license or a waiver - just so long as they don't hold themselves out to be attorneys and don't charge for services. CJWs can assist with drafting wills ICWA workers represent their tribe's state court proceedings w/o a waiver (because this is authorized via the Indian Child Welfare Act - not by the AK waiver). CJWS are allowed to perform the following activities under the waiver:
Disclosure & Consent
Must inform client that not a lawyer and get consent in writing.
Data & Reporting
Alaska Legal Services Corporation shall provide regular quarterly reports to the Alaska Supreme Court, and the Board of Governors regarding the number of clients served by approved non-lawyers and case outcomes, as well as any complaints related to client harm, and the termination of any active waivers.
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