Legislature(2001 - 2002)
05/03/2001 06:56 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 161(JUD) "An Act relating to the withholding of salary of justices, judges, and magistrates; relating to prompt decisions by justices, judges, and magistrates; and relating to judicial retention elections for judicial officers; and providing for an effective date." This was the second hearing for this bill in the Senate Finance Committee. Co-Chair Donley moved to adopt CS SB 161, 22-LS0009\X as a working draft. Without objection it was ADOPTED. Co-Chair Donley stated that he has been working with Chris Christensen from the Alaska Court System to develop this committee substitute, which would improve the language in existing statute regarding the six-month requirement for judicial decisions without expanding it to apply to the appellate level. He explained the committee substitute adopts a state policy indicating the State of Alaska expects most trial court, and a majority of appellate court decisions to be rendered within six months following oral arguments of the case. He noted these goals are consistent with goals announced by Chief Justice Dana Fabe. Co-Chair Donley also pointed out the committee substitute provides in statute, that the number of times a trial court justice has had salary withheld due to outstanding cases beyond the six-month deadline would appear in the Official Election Pamphlet (OEP) for voter consideration when that judge's term is up for retention. Co-Chair Donley continued the committee substitute stipulates that 8a report would be issued to the legislature listing the number of pending judicial matters that have surpassed the deadline. He stated this ensures that judges' salary warrant information is provided to the public and to organizations such as the Judicial Council, which he said has not always occurred. He explained the inability for interested parties to obtain this information was due to a decision made in the Department of Administration regarding confidential personnel information. CHRIS CHRISTENSEN, Deputy Administrative Director, Alaska Court System, relayed the Chief Justice's appreciation of Co-Chair Donley for listening to the court system concerns and for his efforts to address those concerns on this matter. Mr. Christensen stated the committee substitute, "does eliminate all the problems, which we discussed at the last meeting regarding the danger to the six month rule." He remarked that the intent language is a "reasonable expression of the legislature's wishes, given that it is the funding authority." He assured efforts are made to accomplish the timely resolution of cases and the court administration shares the legislature's interest in continuing the process. Co-Chair Donley offered a motion to move from Committee CS SB 161, 22-LS0009\X with new zero fiscal note from the Alaska Court System. Senator Hoffman asked if Mr. Christensen had any opposition to the committee substitute. Mr. Christensen asserted he did not oppose the committee substitute. Without objection the bill MOVED from Committee.
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