State Department Of Revenue v. Bean

965 P.2d 725 (1998)

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Nature of the Case

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Facts

Paul (F) is the father of Nathaniel Kokrine who was born in 1991. In 1993, F was ordered to pay $845 per month in child support and an arrearage of $15,377. In 1996, a notice was sent that his driver's license would be suspended or denied for his failure to pay. In 1997, CSED issued a default. A hearing was held in superior court and counsel was appointed to F, pro bono, in order to determine the constitutionality of AS 25.27246. F moved for a summary judgment on grounds that the statute violated substantive due process, procedural due process, and equal protection. The superior court held that the statute was not rational, it denied a jury trial and did not contain a best efforts defense. The court granted F's motion. This appeal followed.