Legislature(2003 - 2004)
04/26/2004 08:06 AM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 388-CIVIL LEGAL SERVICES FUND
CHAIR RALPH SEEKINS, sponsor of SB 388, explained to members
that SB 388 sets up the Civil Legal Services Fund, into which
the legislature may appropriate the punitive damage awards that
it currently deposits into the general fund. He noted that in
Alaska, 50 percent of punitive damage awards go to the state, 50
percent go to the prevailing party. The Civil Legal Services
Fund is to be used to provide legal services to low-income
individuals. He believes providing those services is a
worthwhile goal and one that he supports strongly. Those legal
services are used effectively; clients are not filing frivolous
lawsuits but instead pursue legitimate claims that they could
not otherwise afford to pursue.
SENATOR OGAN asked if an unemployed legislator would qualify for
free legal services and, if so, he was declaring a conflict of
interest.
CHAIR SEEKINS jested if this was Senator Ogan's only job, he
probably would qualify. With no questions from members, he took
public testimony.
MR. ANDY HARRINGTON, representing Alaska Legal Services, thanked
committee members for hearing SB 388 and told them Alaska Legal
Services is a non-profit agency that provides free legal
assistance to low-income people. Alaska Legal Services does not
represent people who are charged with crimes; it handles cases
in which, for example, a tenant might be faced with a loss of
shelter, a working family is faced with a loss of income through
garnished wages, or a domestic violence victim is faced with
further victimization while trying to navigate the legal system.
When a legal defense can be raised on behalf of these clients,
Alaska Legal Services makes a case in court for them. In
addition, Alaska Legal Services has a considerable education
component, which includes a pilot project legal lab where people
learn to do their own legal research and learn court system
procedures. Its website, Alaskalawhealth.org was specifically
designed for that purpose.
MR. HARRINGTON informed members that the court system raised
this idea while working with Alaska Legal Services on the
possibility of establishing a civil filing fee surcharge to
raise revenues. He again thanked members for considering this
measure.
MR. BOB BUNDY, member of the Alaska Legal Services Board of
Directors, told members he has practiced law around Alaska for
32 years. He pointed out that Alaska Legal Services is often put
in the position of arguing against unrepresented people with no
understanding of the law or procedure. Those cases create a
bottleneck in the court. In addition, Alaska Legal Services
gives legal advice to people, which alleviate the need to spend
resources and time engaging in a legal battle that does not need
to be fought. It also provides legal services to people who
cannot afford services that enable them to get through
circumstances in life, such as adoptions, divorces, child
custody disputes, and others that can only be addressed by the
legal system. When those situations are not addressed, they can
turn into gigantic problems later on and are more time consuming
for all involved.
MR. BUNDY pointed out that Alaska Legal Services does a lot to
make sure that people in our society have legal advice and
representation, which helps the entire legal system to function
better. With the squeeze on revenues everywhere, it has become
harder to provide those services, particularly in the Bush. He
concluded:
The bang for the buck is unbelievable. The lawyers at
Legal Services work for much less than any other
lawyers you'll find in the state, especially -
including people that are actually state employees.
These people work for a little bit, they care about
their clients and they just do a real good job. I
think this is a really worthwhile bill if there's some
way to get some money to this group of people to keep
this going on.
SENATOR FRENCH asked how much state funding Alaska Legal
Services receives now and whether he is concerned this bill will
act as a proxy for that funding.
MR. HARRINGTON said Alaska Legal Services received $125,000 for
FY 04 from the state. About 20 years ago, it received $1
million, so its budget has decreased dramatically. In FY 03 it
received $175,000. The House budget contains $125,000 for next
year but that amount was not included in the Senate budget. He
said his "read" of state finances over the next few years is
that funding will become increasingly difficult to get, which
persuades him that it makes sense to have this dedicated program
revenue. He said the bottom line is that Alaska Legal Services
is worried that SB 388 may replace a state appropriation, but
given the difficulties it has had with state appropriations, SB
388 seems to be the better course to pursue.
CHAIR SEEKINS responded:
Andy I appreciate that. I think many members share the
intent, as a good intent, and don't aim for this to
supplant state support but to try to maybe enhance it
would be a better word. Again, it is going to be an
interesting fund because this bill basically says the
legislature may appropriate - it doesn't say that it
shall but it may, so we'll have a way to at least
apply some leverage and some stronger discussion than
just having it get lost somewhere in the subcommittee
discussions.
He then noted with no further participants, public testimony was
closed. The committee took a short at-ease from 8:20 to 8:22
a.m.].
Upon reconvening, SENATOR FRENCH commented that the
representatives from Alaska Legal Services addressed his
concerns.
SENATOR OGAN moved SB 388 with its attached fiscal note from
committee with individual recommendations.
With no objection, CHAIR SEEKINS announced that SB 388 moved
from committee.
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