03/17/1999 01:45 PM Senate JUD

            SB 100-REIMBURSEMENT FOR PUBLIC DEFENDER                                                                            
                                                                                                                                
Number 580                                                                                                                      
SENATOR DONLEY moved the adoption of a committee substitute for SB
. SENATOR ELLIS objected for the purpose of an explanation of                                                                
the changes from the previous version of the bill.                                                                              
                                                                                                                                
MR. DOUG WOOLIVER, representing the Alaska Court System, explained                                                              
the amendments adopted in the previous meeting.                                                                                 
                                                                                                                                
SENATOR ELLIS asked, "What are indigent persons losing, from what                                                               
they might have now, in terms of rights to representation and                                                                   
coverage of legal costs?" SENATOR DONLEY said the Public Defender                                                               
should answer that question.                                                                                                    
                                                                                                                                
Number 530                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR noted that BLAIR MCCUNE, the Deputy Director of the                                                             
Public Defender Agency, sent a written response to the committee.                                                               
He included the language that requires the public defender to                                                                   
represent a client to the same extent a private attorney would                                                                  
represent a paying client. CHAIRMAN TAYLOR said this standard has                                                               
been used to justify the retainer of more than one private attorney                                                             
(at state expense) on behalf of a public defender client.                                                                       
                                                                                                                                
SENATOR ELLIS concluded the goal of this language is to specify the                                                             
standard of representation offered by the Office of the Public                                                                  
Defender and to make the standard cost less. SENATOR DONLEY replied                                                             
that is correct. SENATOR ELLIS asked if legislation sponsored by                                                                
Representative Brian Porter that passed through the committee last                                                              
year did not solve this problem. SENATOR DONLEY remarked,                                                                       
"Apparently not."                                                                                                               
                                                                                                                                
Number 505                                                                                                                      
                                                                                                                                
SENATOR TORGERSON moved CSSB 100(JUD) out of committee with                                                                     
individual recommendations and the accompanying fiscal notes.                                                                   
SENATOR ELLIS objected. Roll was called: voting yea were SENATOR                                                                
DONLEY, SENATOR TORGERSON, SENATOR HALFORD and CHAIRMAN TAYLOR.                                                                 
SENATOR ELLIS voted nay. So, CSSB 100(JUD) moved from committee                                                                 
with individual recommendations.