Legislature(1995 - 1996)
01/22/1996 01:05 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 333 - BAR MEMBERSHIP:PUBLIC DEFENDER/ADVOCATE Number 250 REPRESENTATIVE PARNELL, sponsor of HB 333, said HB 333 gives the Public Defender agency and the Office of Public Advocacy (OPA) the same benefit that the Department of Law (DOL). Currently, the DOL has the ability to hire a person who is taking the bar but has not passed the bar. HB 333 gives the person hired, ten months following the commencement of their employment, to become a licensed attorney in the state of Alaska. HB 333 attempts to forward more help in the Public Defenders office and in OPA. Number 411 REPRESENTATIVE JOE GREEN asked for an explanation of the purpose of HB 333. Number 437 REPRESENTATIVE PARNELL said the purpose was to afford more help to the Public Defender office as well as OPA. He added that law schools are all outside the state of Alaska and so new graduates are currently not able to work for OPA or the Public Defender agency until they pass the bar exam. Number 480 REPRESENTATIVE GREEN asked if HB 333 encourages non-Alaskans from moving up to Alaska and displacing Alaskans educated in the state. Number 525 REPRESENTATIVE PARNELL said it works both ways. He said an attorney cannot practice law unless they are licensed in Alaska. HB 333 allows them to practice law under strict supervision by the Public Defender agency and OPA for a limited period of time. Number 545 REPRESENTATIVE BUNDE asked and it was confirmed that this levels the playing field between the public defender agency as well as OPA and the prosecutors office. Number 578 REPRESENTATIVE VEZEY asked if they could practice before the bench and was told that it would be addressed in different testimony. He then asked why the ten month limitation. Number 601 REPRESENTATIVE PARNELL said ten months give the person the opportunity to take the bar twice and obtain results of passage. Number 636 REPRESENTATIVE VEZEY asked if the average time for a lawyer to pass the bar was two times. Number 648 REPRESENTATIVE PARNELL said that it averages one time, but it is not unusual to take the bar twice. Number 679 JOHN SALEMI, Director, Public Defender Agency, Department of Administration was next to testify. He said HB 333 levels the playing field, but more importantly it expands the potential pool of applicants so that the quality of lawyers can be enhanced. He added that creating a "buyers market" might actually reduce expenses. He said these factors are especially important in regards to the rural areas of the state. MR. SALEMI said applicants wishing to do Public Defender work must currently sign up for the Alaska Bar at a cost of $700, take a bar review course to familiarize themselves with Alaska law at a cost of $1100, in addition to travel expenses. After this expense, there is a waiting period of three months to get the results from the Alaska bar. If they have passed, there might not be an available position. MR. SALEMI said that if the applicant pool could be opened, entry level positions could be reduced from a range 19 position to a Range 16 position at a considerable savings to the public defender agency. Number 1015 REPRESENTATIVE VEZEY asked if these employees will be able to practice before the bench. Number 1027 MR. SALEMI said they would be able to just as the DOL staff lawyers are able to do under the present statutory scheme. He said all of the public defender work is done before the court as opposed to other work done by law firms. Number 1045 REPRESENTATIVE VEZEY suggested repealing the statute so that no public defender staff need pass the bar. Number 1065 MR. SALEMI responded that it was possible. He said Alaska Legal Services Corporation waives the bar requirement for two years but said there are good reasons for professional licensing. Number 1109 REPRESENTATIVE VEZEY said in previous years, lawyers were taught in an apprentice type situation. He questioned the unnecessary expense of the bar requirement. Number 1156 MR. SALEMI mentioned the evolution of law such as accredited law schools and bar membership. He said he felt that people have these requirements showed their confidence in Alaska law and the overall practice of law. He felt there should be a balance between fiscal conservatism with obtaining competence and quality of representation. Number 1220 REPRESENTATIVE VEZEY stated that he had never heard where there were not enough lawyers to form a sizable applicant pool. He also said some representation has got to be better than no representation. Number 1255 MR. SALEMI said that everyone charged with a crime is entitled to council if he cannot afford to hire council in the private market. HB 333 does not expand the number of staff of the public defender agency, but merely increases the pool of applicants which hopefully would pay less in recruitment costs. Number 1295 REPRESENTATIVE VEZEY asked if that was the same as having more staff for less money. Number 1302 MR. SALEMI said he could only fill the positions which the legislature allows. Number 1315 REPRESENTATIVE VEZEY said he could envision a scenario of asking for more positions from the legislature under the fact that it could be done at no extra cost. Number 1336 MR. SALEMI said the number of staff is allotted in proportion to the size of the caseload and not because of budgetary discretions. Number 1350 BRANT McGEE, Director, Office of Public Advocacy, Department of Administration, was next to testify. He said a liability issue was raised and he referred to Section 3 of HB 333 which addresses OPA. He said it addressed the issue. The first sentence in Section 3 requires that all contractors have to be admitted to the bar, while the second sentence says OPA employs don't have to admitted to the bar until ten months later. The distinction is important and illustrates that liability concerns in this field are minimal. Contractors who provide work in cases where OPA has a conflict of interest, where the OPA would not be able to directly supervise them. He said the second sentence does not create any greater liability than the current situation where new lawyers are hired who also require strict supervision. Number 1424 MR. McGEE said he could see no downside to CSHB 314 and it will be helpful when applicants are in the situation described by Representative Parnell. Number 1438 REPRESENTATIVE VEZEY asked for clarification of the wording of Section 3. Number 1460 MR. McGEE said that Section 3 states that only an attorney admitted to practice can contract with OPA. These are independent contractors who preform work outside the major population centers and provide representation where OPA has a conflict of interest. They are independent contractors, in that OPA does not have the ability to direct their performance and duties in connection with particular cases. This is the reason that HB 333 does not extend to those contracted attorneys. The second sentence of Section 3 refers to the OPA lawyers who are supervised daily on a direct basis and does address liability concerns regarding HB 333. Number 1505 REPRESENTATIVE VEZEY said he reads HB 333 as "they can't be an attorney employed by your office unless they are admitted to the practice of law ten months after they are hired." Number 1523 MR. McGEE said this is correct. He added that a person not passing the bar exam within ten months would be terminated from employment with OPA. If they pass the bar exam, then they can become a full fledged OPA staff attorney. HB 333 creates a new class of lawyers outlined by Representative Parnell and Mr. Salemi. Number 1586 REPRESENTATIVE BUNDE reiterated what Mr. McGee said and asked if he understood correctly. Number 1610 MR. McGEE said the distinction between contracted attorneys and the OPA staff is a wise distinction. Number 1640 REPRESENTATIVE BUNDE made a motion to move HB 333 with individual recommendations and a zero fiscal note. Hearing no objections HB 333 was moved from the House Judiciary Standing Committee.
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