Order of Indigency

If you can't afford an appellate attorney for your criminal, dependency or termination case, you will need to fill out forms asking the court to find you indigent.

• Prepare a Motion for Order of Indigency.
• Prepare a proposed Order of Indigency.
• File both documents with the Superior Court Clerk along with the forms listed below for the case you are appealing.

Criminal Case (Superior Court)

If a criminal defendant wants to appeal a final judgment or action of the trial court (Notice of Appeal) or discretionary review of a non-final trial court order (Notice of Discretionary Review):

Notice of Appeal OR Notice of Discretionary Review

• Prepare a Notice of Appeal OR a Notice of Discretionary Review.
• Attach a copy of the Judgment and Sentence OR Order you are appealing, and Proof of Service on the prosecutor.
• File the notice, proof of service, and indigency paperwork with the Superior Court Clerk within 30 days of the court's decision you want reviewed.
• If you filed a Notice of Discretionary Review, you must also file a Motion for Discretionary Review within 15 days.

After you file, the Superior Court clerk sends your documents to the Court of Appeals.  The Court of Appeals will appoint appellate counsel. The Court of Appeals will not appoint counsel for a Notice of Discretionary Review, unless the court grants the Motion for Review.

Dependency/Termination Case

Parents seeking an appeal as of right from (1) a dependency disposition, or (2) an order terminating parental rights (Notice of Appeal) or seeking a review from 1) an order other than a dependency disposition or 2) termination order (Notice of Discretionary Review).

Notice of Appeal OR Notice of Discretionary Review

• Notice of Appeal
  • Prepare a Notice of Appeal.
  • Prepare a Designation of Clerk’s Papers designating the entire trial court file and all exhibits.
  • Prepare a Statement of Arrangements.

• Notice of Discretionary Review, prepare a Notice of Discretionary Review.
  • Order transcription of relevant hearings immediately after the hearing and have the transcript available for appellate counsel once appointed.
  • Appellate counsel will be appointed to prepare the Motion for Discretionary Review, which is due 15 days after appellate counsel has been appointed.
• Arrange for the transcription of the verbatim report of proceedings with the appropriate court reporter or transcriptionist. Contact the county clerk and request that the audio be sent to the official county transcriber with whom you made arrangements.
• File the notice, proof of service, statement of arrangements, designation of clerks papers, and indigency paperwork with the Superior Court Clerk within 30 days of the court's decision you want reviewed. 
• File a copy with the Court of Appeals.

District Court Cases

For criminal or civil appeals from district court, a different set of rules applies (Rules for Appeal of Decision of Courts of Limited Jurisdiction).