Legislature(2019 - 2020)GRUENBERG 120
03/13/2019 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Consideration of Governor's Appointees: Ak Police Standards Council | |
| HB77 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 77 | TELECONFERENCED | |
| *+ | TELECONFERENCED | ||
HB 77-NUMBER OF SUPERIOR COURT JUDGES
2:19:36 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 77 "An Act relating to the number of superior
court judges in the third judicial district; and providing for
an effective date."
2:20:04 PM
NANCY MEADE, General Counsel, Alaska Court System, said HB 77
would increase the allotted number of superior court judges by
two and specify that those seats serve in the Third Judicial
District. She said HB 77 would allow the Alaska Court System to
take the two already-existing district court seats one in
Homer, one in Valdez and fill those seats with superior court
judges. She stated that HB 77 was introduced by the House Rules
Committee by request of the Alaska Court System. She explained
that it is rare for the courts to request a statutory change but
noted that this situation requires it. She said HB 77 is a
priority for the Alaska Supreme Court.
2:21:07 PM
MS. MEADE addressed why the Alaska Supreme Court wants a
statutory change, specifically that Homer and Valdez are the
only court locations in Alaska that are served by only a
district court judge. She said they are the last remaining
single judge locations where the judge is not a superior court
judge. She noted that superior court judges have original
jurisdiction over all trial court issues that arise in the
state, whereas district court judges have only limited
jurisdiction. She said superior court judges can handle
felonies, child-in-need-of-aid cases, domestic relations cases,
juvenile delinquency, civil cases with amount in excess of
$100,000, and probate cases. She said district court judges are
limited to misdemeanors, civil cases with a lower dollar amount,
and some other matters. She said the court system wants to
equip Homer and Valdez with superior court judges who can handle
everything filed in those locations.
2:22:19 PM
MS. MEADE noted that the timing for this change is ideal, as the
district court seat in Valdez is currently vacant due the former
judge's appointment to a new superior court seat in Juneau. She
added that the district court judge in Homer has announced her
retirement effective at the end of June. She said if HB 77
passes this year, the court system will be able to advertise
those seats as superior court judges rather than district court
judges.
MS. MEADE explained that the court system wants this change
because the current status quo for handling cases in those
locations is and has long been problematic. She said superior
court cases in Homer are covered by the superior court judge in
Kenai, who travels to Homer one week per month. She said this
is not a sustainable or effective way to handle that caseload.
She added that there are additional costs to the current Homer
which make it inefficient.
2:24:04 PM
MS. MEADE said the Valdez situation is similar. She restated
that the district court seat is vacant and if the court system
were able to fill it with a superior court judge, the new judge
would be able to handle all cases there. She said the former
district court judge was exceptional and had been able to handle
some superior court matters with special appointments from the
Alaska Supreme Court. She said if the seat were filled by
another district court judge, superior court matters would have
to be handled by judges from Palmer, Kodiak, or elsewhere. She
said the Alaska Supreme Court has explored many ways to cover
Homer and Valdez and has determined the change proposed in HB 77
to be the most cost-effective.
2:25:54 PM
REPRESENTATIVE EASTMAN asked if the number of district court
judges is set in statute and, if not, how that number is
determined.
MS. MEADE said the number of district court judges is
established in the court system's administrative rules.
2:26:16 PM
REPRESENTATIVE WOOL asked if the number of superior court judges
is limited as well. He asked for more information about the
differences between superior court and district court judges.
He also asked if superior court judges sometimes hear district
court cases.
2:27:12 PM
MS. MEADE clarified that the number of district court judges is
set in the court's rules. She said there is a statute that says
the court can amend that number from time to time. She said the
qualifications for superior court judges are generally similar
to district court judges. She said superior court seats may
require a longer residency. She added that superior court
judges are chosen the same way district court judges are chosen.
She described the process through which applicants are processed
by the Alaska Judicial Council and scored by the Alaska Bar
Association before the most qualified are nominated to the
governor. She said different caseloads attract different
applicants. She said some applicants prefer the quicker pace of
the district court while others prefer superior court cases that
last longer and require more writing and research. She said
whether superior court judges cover both superior and district
court caseloads depends on location. She said the plan is for
the proposed superior court judges in Valdez and Homer to cover
both kinds of cases.
2:29:37 PM
REPRESENTATIVE WOOL asked if district court judges ever apply to
superior court seats.
MS. MEADE answered that it sometimes happens. She said many
district court judges are happy with their roles. She noted not
all judges seek to move up a level and some are better suited to
one level and not another.
CHAIR CLAMAN shared that current Chief Justice Joel H. Bolger
previously served as a district court judge in Valdez, then was
appointed to the superior court seat in Kodiak, then was
appointed to the Alaska Court of Appeals, then was appointed to
the Alaska Supreme Court, from which he was elected Chief
Justice by his colleagues. He said he thinks Chief Justice
Bolger is the first judge in Alaska history to have served at
all four levels of the court system.
2:31:20 PM
REPRESENTATIVE LEDOUX said she understands there are locations
where a single court judge hears both superior and district
court cases. She said she assumes the court system has had
experience with these situations and has found it works well.
MS. MEADE answered "yes." She said the court system seeks to
replicate the success of locations like Kotzebue, Dillingham,
Nome, and Sitka.
2:32:17 PM
REPRESENTATIVE EASTMAN asked if he understands correctly that
Homer and Valdez are the state's only stand-alone district
courts.
MS. MEADE answered "yes."
REPRESENTATIVE EASTMAN asked how long it would take after the
passage of HB 77 to amend the court's rules to reflect a
decrease in district court seats.
MS. MEADE said once HB 77 is signed, the court rules attorney
would recommend the administrative rule be decreased by two
seats. She said the process for making noncontroversial
administrative rule changes moves quickly.
CHAIR CLAMAN noted that the court system can change its rules
faster than the legislature can pass legislation.
2:33:38 PM
REPRESENTATIVE EASTMAN asked how many district court judges
would remain should HB 77 become law.
MS. MEADE answered there would be 20.
2:34:03 PM
REPRESENTATIVE KOPP noted that the number of judges is set in
statute. He cited [AS 22.10.120].
MS. MEADE said this is correct. She said there is language in
statute that allows the Alaska Supreme Court to change the
number from time to time as it sees fit.
REPRESENTATIVE KOPP asked if it would take a two-thirds vote
from the legislature to change a court rule.
MS. MEADE distinguished between this court rule, which is an
administrative rule, and one of the rules of practice and
procedure that are covered in the state constitution. She said
a two-thirds vote is not necessary to amend an administrative
rule.
REPRESENTATIVE KOPP posited that only a simple majority is
necessary.
MS. MEADE clarified that the legislature would not be amending
the administrative rule. She said the legislature would be
amending the statute, after which the court system would
determine the necessity of a rule change.
2:35:26 PM
CHAIR CLAMAN said the court system has authority to change its
own rules due to the separation of powers held in the state
constitution. He said the Alaska Supreme Court can change court
rules whenever it sees fit, as part of its inherent authority.
He noted that a two-thirds majority of the legislature can
essentially tell the court, "We're changing a rule and you've
got to live with it."
2:36:14 PM
REPRESENTATIVE KOPP stipulated that the court system's changing
of the rule hinges on the legislature passing HB 77. He asked
if the fiscal note was reflective of a single judge's salary or
of both positions.
MS. MEADE explained that the fiscal note is reflective of the
net impact of shifting both positions. She said the number
reflects the difference in salary and benefits for two positions
less savings on travel costs for other judges to cover superior
court cases.
REPRESENTATIVE KOPP asked if this is the same thing the
legislature did when it upgraded the Juneau position to a
superior court seat.
MS. MEADE answered yes. She referenced House Bill 298 [passed
in the Thirtieth Alaska State Legislature] which made it so.
2:37:27 PM
REPRESENTATIVE EASTMAN asked about a scenario in which,
regardless of whether HB 77 passes, the Alaska Supreme court
elects to add district court judges. He asked if that decision
would require a majority vote of the Alaska Supreme Court and if
the decision would require budgetary adjustments.
MS. MEADE called the scenario "quite hypothetical." She said it
would require a budgetary increase for two new positions.
REPRESENTATIVE EASTMAN asked whether that would require a
majority vote of the Alaska Supreme Court.
MS. MEADE answered that rule changes happen often. She
described the process through which the rules attorney brings
recommendations from various rules committees before the court.
She said the court votes on how to approach those proposed rule
changes.
2:39:15 PM
CHAIR CLAMAN opened public testimony on HB 77. After
ascertaining that no one wished to testify, he closed public
testimony. HB 77 was held for further review.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Alaska Police Standards Council Appointment-Stephen Dutra Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Rebecca Hamon Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Burke Waldron Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Joseph White Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Jennifer Winkelman Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| HB077 ver A 3.13.19.PDF |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |
| HB077 Sponsor Statement 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |
| HB077 Fiscal Note JUD-ACS 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |