Vickie Leake v. State of Alaska

In the Court of Appeals of the State of Alaska
Vickie Leake and Gary C. Leake,
Petitioners,
v.
State of Alaska,
Respondent.
Trial Court Case No. 4FA-22-00494CR
Court of Appeals Nos. A-14693/
A-14694
Order
Petition for Rehearing
Date of Order: 8/14/2025
Before: Allard, Chief Judge, and Wollenberg and Harbison, Judges
On consideration of the Joint Petition for Rehearing filed on 8/4/2025,
IT IS ORDERED:
The Petition for Rehearing is DENIED.
Entered at the direction of the Court.
Clerk of the Appellate Courts
________________________________
Ryan Montgomery-Sythe,
Chief Deputy Clerk
Judge WOLLENBERG, concurring.
I agree with Petitioners’ counsel that courts must be particularly sensitive
to the financial burdens placed on private attorneys when clients are unable to pay —
particularly the burdens on solo practitioners and small law firms.1 But as we explained
in our original order, the attorneys in this case provided few details to the superior court
1 Alaska R. Prof. Cond. 1.16(b)(6) (authorizing a lawyer to withdraw from
representation if “the representation will result in an unreasonable financial burden on the
lawyer”).

Leake v. State, A-14693/A-14694
8/14/2025 – page 2
about their clients’ current financial situation and the impact on their businesses. The
attorneys did not present any information about their clients’ finances or the fee
agreement, even in camera, and they did not present information as to what
circumstances, unexpected or otherwise, led to the need to withdraw from
representation. It was on this ground — the absence of a sufficient record — that I
joined our original order. And given that counsel does not take issue with our recitation
of the record, it is on this same ground that I concur in the denial of the petition for
rehearing.
cc: Court of Appeals Judges
Judge Wood
Trial Court Clerk
Distribution:
Email:
Beatty, Jason P.
John, Robert
Mason, Kathryn Elizabeth
Erickson, Carla R.
Shaffer, Michael D.