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IN THE COURT OF APPEALS OF THE STATE OF ALASKA
W.S., a minor,
) Court of Appeals No. A-9819
) Trial Court No. 4FA-04-157 DL
) O P I N I O N
STATE OF ALASKA,
) No. 2140 — January 11, 2008
Appeal from the Superior Court, Fourth Judicial District,
Fairbanks, Randy M. Olsen, Judge.
Appearances: James M. Hackett, Fairbanks, for the Appellant.
Diane L. Wendlandt, Assistant Attorney General, Office of
Special Prosecutions and Appeals, Anchorage, and Talis J.
Colberg, Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Stewart,
In this appeal, we are asked to construe the provisions of law governing
restitution in juvenile delinquency cases.
W.S. was adjudicated a delinquent minor for assaulting a twelve-year-old
boy. As explained in more detail below, the superior court ordered W.S. and his parents
to pay restitution to the victim’s aunt (who was the boy’s guardian and physical
1 See AS 47.12.160(a).
– 2 –
custodian) and to a mental health counselor who provided counseling services to the
victim following the offense. W.S. argues that, in a juvenile delinquency case, the
superior court lacks the authority to order restitution payments to anyone except the
direct victim of the minor’s offense.
In addition, W.S. argues that any restitution obligation imposed by the
superior court in a delinquency proceeding should terminate when the court’s disposition
order is accomplished — i.e., when the term of the minor’s ins