04/05/2021 01:00 PM House JUDICIARY

         HB 155-COURT SYSTEM PROVIDE VISITORS & EXPERTS                                                                     
                                                                                                                                
1:11:59 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL NO. 155, "An  Act relating to court-appointed visitors                                                               
and experts; relating  to the powers and duties of  the office of                                                               
public advocacy; relating to the  powers and duties of the Alaska                                                               
Court System; and providing for an effective date."                                                                             
                                                                                                                                
CHAIR CLAMAN  noted this was the  first hearing of HB  155 in the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
1:12:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHRIS TUCK,  Alaska State  Legislature, as  prime                                                               
sponsor, presented HB 155.   He paraphrased the sponsor statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     The  Court Visitor  Program was  created to  act as  an                                                                    
     investigative  arm  of  the   Alaska  Court  System  in                                                                    
     certain protective probate  proceedings. Court visitors                                                                    
     conduct   independent   investigations   into   whether                                                                    
     guardianships or  conservatorships are  necessary. They                                                                    
     also    review   each    existing   guardianship    and                                                                    
     conservatorship  at  least   once  every  three  years.                                                                    
     Additionally,    court    visitors    participate    in                                                                    
     psychotropic medication  proceedings during involuntary                                                                    
     commitments  to  investigate  whether the  patient  can                                                                    
     give or withhold informed consent.                                                                                         
                                                                                                                                
     Since  1984,   the  court  visitor  program   has  been                                                                    
     administered   by  the   Office  of   Public  Advocacy.                                                                    
     Unfortunately,  there is  no  legislative history  that                                                                    
     clarifies why  this judicial branch program  was placed                                                                    
     under the direction of an  executive branch office. The                                                                    
     only  inference  that  can be  made  is  that  anything                                                                    
     having to  do with "guardianships" was  placed with OPA                                                                    
     because  the  office   provides  public  guardians  and                                                                    
     attorneys for these proceedings.                                                                                           
                                                                                                                                
     As the court visitor program  has continued to grow, it                                                                    
     has  become increasingly  unwieldy  because OPA  cannot                                                                    
     effectively supervise  independent contractors  who act                                                                    
     as  "the eyes  and ears"  of the  court. There  is also                                                                    
     duplicity  of   services  between  the   executive  and                                                                    
     judicial  branches  of  government  because  the  court                                                                    
     system independently  contracts with and  directly pays                                                                    
     for court visitors  in conservatorship proceedings. OPA                                                                    
     is  only responsible  for providing  court visitors  in                                                                    
     guardianship proceedings.  The differences  between how                                                                    
     OPA and the Court  System handle these proceedings have                                                                    
     caused frustration  among the  court visitors  who work                                                                    
     both types of cases.                                                                                                       
                                                                                                                                
     Both  the  Alaska  Court  System  and  OPA  agree  that                                                                    
     transferring the  program to  the court system  is long                                                                    
     overdue and would make the  program more efficient. The                                                                    
     transfer would allow  the Court System to  put in place                                                                    
     standards for  reports and who  it chooses to use  as a                                                                    
     court visitor.                                                                                                             
                                                                                                                                
1:15:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK said  the Office  of  Public Advocacy  (OPA)                                                               
budget for  the court visitor program  is approximately $854,400,                                                               
which is included in the  governor's proposal for the fiscal year                                                               
2022 (FY  22) budget.   He said the  fiscal note from  the Alaska                                                               
Court System  states that one  additional person would  be needed                                                               
"to provide  the training and  supervision and scheduling  of the                                                               
court visitors."                                                                                                                
                                                                                                                                
1:16:45 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   announced  the   committee  would   hear  invited                                                               
testimony.                                                                                                                      
                                                                                                                                
1:17:17 PM                                                                                                                    
                                                                                                                                
JAMES STINSON,  Director, Office  of Public  Advocacy, Department                                                               
of Administration,  remarked that  HB 155 has  been "a  long time                                                               
coming."   He said  when he  started as  director a  couple years                                                               
ago, he found  it odd that this program was  housed with OPA, and                                                               
discovered  his  opinion  was  shared  within  the  agency.    He                                                               
recalled a  legislative audit  from the  early 2000s  that raised                                                               
all these  same arguments  recommended transferring  the program.                                                               
He speculated that the issue  "just kept dropping off the radar."                                                               
He  described HB  155 as  "one of  those win-win-win  scenarios,"                                                               
because  he cannot  think of  a  downside to  this proposal  that                                                               
would provide more  efficiency to running the  program, result in                                                               
better outcomes, and  allow the court system to  set standards of                                                               
practice, which  OPA was  never able  to do.   He  explained that                                                               
there was always a fear for  OPA about making a change that could                                                               
affect the court system.  He  said in a conservatorship case, the                                                               
court system directly appoints court  visitors; in a guardianship                                                               
case, OPA has that responsibility.                                                                                              
                                                                                                                                
MR. STINSON said  there is often a perceived  conflict by members                                                               
of the  public, which HB  155 would  resolve.  He  explained that                                                               
because  OPA  is  organized  as  multiple  law  firms  under  one                                                               
umbrella, it sometimes can be confusing  to see OPA is the public                                                               
guardian,  the  court visitor,  the  respondent  attorney in  the                                                               
guardianship proceeding,  and in rare circumstances  the provider                                                               
of a guardian ad litem or  expert, even though OPA is just paying                                                               
for the guardian ad litem or expert.                                                                                            
                                                                                                                                
1:21:08 PM                                                                                                                    
                                                                                                                                
DOUG  WOOLIVER, Deputy  Administrative  Director,  Office of  the                                                               
Administrative  Director,  Alaska   Court  System,  reminded  the                                                               
committee that  the court generally  does not take a  position on                                                               
bills; however,  HB 155 is a  joint effort by OPA  and the Alaska                                                               
Court System.   He echoed Mr. Stinson's comments  that this issue                                                               
has  been around  a  long time  and just  kept  dropping off  the                                                               
radar.   He said there  are inefficiencies and  frustrations from                                                               
having court visitor  function housed in OPA.  Under  HB 155, the                                                               
court  system will  be able  to set  up a  training regiment  and                                                               
standards  in   guardianship  cases;   it  already  does   so  in                                                               
conservatorship cases, which are  similar and "frequently go hand                                                               
in hand."  He said the court system supports HB 155.                                                                            
                                                                                                                                
1:23:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE asked  whether there would be  a fiscal note                                                               
that reflects the judicial branch of this transfer.                                                                             
                                                                                                                                
1:23:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK responded yes, there  would be an increase in                                                               
the Alaska  Court System's  FY 22 budget  request.   He indicated                                                               
that in the first year that would reflect the cost of training.                                                                 
                                                                                                                                
1:24:00 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:24 p.m.                                                                                 
                                                                                                                                
1:24:37 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked  whether, under HB 155, the  guardian ad litem                                                               
function would stay in OPA.                                                                                                     
                                                                                                                                
1:25:07 PM                                                                                                                    
                                                                                                                                
MR. STINSON confirmed that is correct.   In response to a follow-                                                               
up  question, he  offered  his understanding  that  HB 155  would                                                               
replace  OPA  with  the  court  system  "where  necessary."    He                                                               
reviewed  that  currently the  court  system  provides for  court                                                               
visitors in  conservatorship proceedings, so the  only thing that                                                               
needed to be changed was the guardianship aspect of statute.                                                                    
                                                                                                                                
1:27:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND asked  whether  the additional  position                                                               
would be permanent or temporary.                                                                                                
                                                                                                                                
1:28:01 PM                                                                                                                    
                                                                                                                                
MR. WOOLIVER  responded that currently  OPA does not  do training                                                               
for  court  visitors,  and  the court  would  like  to  institute                                                               
regular  training.   He noted  it  is a  full-time position  with                                                               
turnover.   He said [under HB  155], the court would  be doubling                                                               
its caseload by a couple  hundred additional cases.  He indicated                                                               
this would  be an ongoing position,  and he said because  of Baby                                                               
Boomers,  this need  is not  only  a current  one but  is also  a                                                               
growing need.                                                                                                                   
                                                                                                                                
1:29:26 PMs                                                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE mentioned  appointments to assess competency                                                               
and administering medication,  and she asked whether  there was a                                                               
crossover with  the Alaska Mental Health  Trust Authority (AMHTA)                                                               
"in being able to fund this position."                                                                                          
                                                                                                                                
1:30:07 PM                                                                                                                    
                                                                                                                                
MR. WOOLIVER  answered that  in general, AMHTA  does not  like to                                                               
fund full-time  positions in other  entities.  He said  the court                                                               
system gets  grant funds from  AMHTA that help  support programs,                                                               
and the trust  helps to set up some "therapeutic  courts," but he                                                               
added  that  it is  on  a  temporary basis.    He  said the  vast                                                               
majority of the  work of court visitors in  both guardianship and                                                               
conservatorship is "for  people that may not  be beneficiaries of                                                               
the trust."   In  response to  a follow-up  question, he  said he                                                               
does not know how many  people require involuntary administration                                                               
of psychotropic drugs, but he said he could seek an answer.                                                                     
                                                                                                                                
1:31:57 PM                                                                                                                    
                                                                                                                                
MR.  STINSON said  he  does  not know  the  answer  and would  be                                                               
interested to  find out  not only how  many are  administered the                                                               
medication,  but  also  "how  many  are  actually  successful  in                                                               
requiring involuntary medication."                                                                                              
                                                                                                                                
1:32:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked whether there  is some frequency in cases that                                                               
begin as  involuntary cases  and end  up as  voluntary medication                                                               
cases.                                                                                                                          
                                                                                                                                
MR. STINSON  offered his  understanding that  the answer  is yes.                                                               
He noted there is legislation  currently being proposed regarding                                                               
emergency crisis centers  and a new framework  for assessing that                                                               
frequency.  He  said when someone becomes  more stabilized, there                                                               
is a chance that "medication compliance may come back on board."                                                                
                                                                                                                                
1:33:13 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  explained he had  mentioned this scenario  to point                                                               
out that it could change the statistical analysis.                                                                              
                                                                                                                                
1:33:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  explained her questions were  an attempt to                                                               
see the bigger picture and would  have not bearing on whether she                                                               
supports HB 155, because "obviously it's a need."                                                                               
                                                                                                                                
1:34:38 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  opened   public  testimony  on  HB   155.    After                                                               
ascertaining there  was no one  who wished to testify,  he closed                                                               
public testimony.                                                                                                               
                                                                                                                                
1:34:55 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that HB 155 was held over.