03/04/2015 01:00 PM House JUDICIARY

         HB  83-JUDICIAL COUNCIL: CIVIL LITIGATION INFO                                                                     
                                                                                                                                
1:37:49 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR KELLER  announced  that the  next  order of  business                                                               
would  be HOUSE  BILL  NO.  83, "An  Act  relating to  collecting                                                               
information  about  civil  litigation   by  the  Alaska  Judicial                                                               
Council;  repealing   Rule  41(a)(3),   Alaska  Rules   of  Civil                                                               
Procedure, and  Rules 511(c) and  (e), Alaska Rules  of Appellate                                                               
Procedure; and  providing for  an effective  date."   [Before the                                                               
committee was CSHB 83 (JUD), adopted 2/20/2015.]                                                                                
                                                                                                                                
1:38:17 PM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER advised that  public testimony is closed and it                                                               
will not be reopened unless there is a request to testify.                                                                      
                                                                                                                                
1:38:56 PM                                                                                                                    
                                                                                                                                
The committee took a brief at ease.                                                                                             
                                                                                                                                
1:39:32 PM                                                                                                                    
                                                                                                                                
CLARK  BICKFORD, Staff,  Representative Gabrielle  LeDoux, Alaska                                                               
State  Legislature, said  CSHB 83  would repeal  a 1997  law that                                                               
requires  civil   litigation  reports  to  the   Alaska  Judicial                                                               
Council.  He reiterated from  his previous testimony that the law                                                               
has been  widely ignored, ineffective,  and not supported  by the                                                               
legal community.   He referred to the last  hearing wherein there                                                               
was a question regarding what would  happen to the funds given to                                                               
the  Alaska  Judicial  Council   for  [reviewing  the  data]  and                                                               
preparing reports, and  advised that Susanne Dipietro  is on line                                                               
to address that question.                                                                                                       
                                                                                                                                
1:40:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER opened public testimony.                                                                                  
                                                                                                                                
1:41:11 PM                                                                                                                    
                                                                                                                                
SUZANNE  DIPETRO, Executive  Director,  Alaska Judicial  Council,                                                               
Alaska  Court System,  stated that  her research  indicates there                                                               
was an amount of money put  in the Alaska Judicial Council's base                                                               
budget, when the  law was passed in 1997 or  1998, to provide the                                                               
resources in order to perform the  work.  She explained the funds                                                               
are available  to be returned  if the Alaska Judicial  Council is                                                               
no longer required to do the work.                                                                                              
                                                                                                                                
REPRESENTATIVE KELLER  advised that it  is out of the  purview of                                                               
the bill, and  he is sure the information will  go forward to the                                                               
House Finance Committee.                                                                                                        
                                                                                                                                
1:42:18 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX quiered  that the  money  was put  into the  Alaska                                                               
Judicial  Council budget  in 1997,  or 1998,  and one  report has                                                               
been prepared.                                                                                                                  
                                                                                                                                
MS. DIPIETRO advised three reports have been prepared.                                                                          
                                                                                                                                
1:42:41 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX surmised  it  has  not been  a  yearly report,  and                                                               
questioned how much  money is left since the  yearly reports have                                                               
not been prepared.                                                                                                              
                                                                                                                                
MS.  DIPIETRO  explained  that although  reports  have  not  been                                                               
prepared because the data has been ...                                                                                          
                                                                                                                                
CHAIR LEDOUX  interjected that  she is  not blaming  Ms. Dipietro                                                               
for not  doing the reports, she  was just curious how  much money                                                               
is left.                                                                                                                        
                                                                                                                                
MS. DIPIETRO depicted  that the work is still  being performed in                                                               
the sense of collecting the data,  of which they receive a couple                                                               
of forms  from attorneys each  day, determine if  the information                                                               
is  correct,  enter  the  information into  the  data  base,  and                                                               
maintain the  data base.   The Alaska Judicial Council  has daily                                                               
activities in  order to fulfill  the requirements of  the statute                                                               
that do not involve report writing.                                                                                             
                                                                                                                                
1:43:52 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked how much money was put into the base.                                                                        
                                                                                                                                
MS.  DIPIETRO, in  describing  her records  as  spotty, said  the                                                               
amount was $19,200 a year.                                                                                                      
                                                                                                                                
CHAIR  LEDOUX deduced  that putting  the sporadic  data that  the                                                               
Alaska  Judicial  Council  has  received,  which  appears  to  be                                                               
relatively  minimal, into  the  data  base at  a  cost of  almost                                                               
$20,000 a year.                                                                                                                 
                                                                                                                                
MS. DIPIETRO  stipulated that  the work was  not erratic,  as the                                                               
data is  regular, and involves  following up when  information is                                                               
incomplete or  appears inaccurate  with telephone  calls, emails,                                                               
and  letters  to attorneys.    She  highlighted that  the  Alaska                                                               
Judicial Council is using that money to perform the work.                                                                       
                                                                                                                                
1:44:51 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  KELLER reiterated that  the issue  may be out  of the                                                               
purview of the House Judiciary Standing Committee.                                                                              
                                                                                                                                
1:45:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved  to report the proposed  CS for HB
,  Version 29-LS0410\H,  Wallace, 2/5/15,  from committee  with                                                               
individual  recommendations  and  the accompanying  fiscal  note.                                                               
There  being no  objection  CSHB 83(JUD)  was  reported from  the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
1:45:52 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
The committee took an at-ease from 1:45:52 to 1:48:02 p.m.                                                                      
                                                                                                                                
VICE CHAIR KELLER returned the gavel to Chair LeDoux.