Legislature(2003 - 2004)

04/26/2004 08:06 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ 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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