Legislature(2005 - 2006)BUTROVICH 205
02/08/2006 08:30 AM Senate JUDICIARY
Audio | Topic |
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Start | |
SB10 | |
SB237 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 10 | TELECONFERENCED | |
+= | SB 237 | TELECONFERENCED | |
+= | HB 41 | TELECONFERENCED | |
+ | TELECONFERENCED |
SB 237-ADDITIONAL JUDGES FOR THIRD DISTRICT 9:48:09 AM CHAIR RALPH SEEKINS announced SB 237 to be up for consideration. SUSAN PARKES, Deputy Attorney General, Department of Law (DOL), informed the committee that Attorney General David Marquez had hoped to testify and take responsibility for the bill but was not available this morning. She spoke in his behalf. Due to his recent appointment as attorney general, Mr. Marquez has been traveling around Alaska and meeting with all the judges. SB 237 was prompted by his recognition of the heavy caseloads, particularly in the criminal division, and the case backlog. 9:50:16 AM The purpose and intent of the bill is to alleviate the case backlog in the Alaska court system. She expressed support for the bill and said after 20 years with the DOL she could testify that cases are more complex and the system is more complex than in the past. For example, deoxyribonucleic acid (DNA) is now a part of many cases and not just sexual assault cases. Waiting for lab results, expert testimony notifications, and the increased use of technology slows cases down. Everything is becoming more technical and even expert testimony and qualifications are being litigated now. 9:53:42 AM Complex cases today involve white-collar crime, computer crime, and methamphetamine laboratory (meth lab) cases. The number of items taken into evidence and the complexity of how the evidence has to be bagged and tagged and dealt with in court increases the amount of time that it takes the case to get to trial. Victim's rights have significantly impacted cases as well and slows them down. Prosecutors are now required to meet with the victim and talk to them about the case. This is definitely appropriate but it slows the process down. 9:55:25 AM The Alaska State Legislature has created new felonies, which adds additional pressure on the court system. Since 1965 Alaska has seen a 65 percent increase in felony referrals and a 15 percent increase in misdemeanor referrals. Currently in superior court there are more cases than can be tried. This is known as a "trailing calendar." Petitions to revoke felony probation is up as well and those have to be handled by the superior court. 9:57:37 AM Palmer is the number one priority for additional judges due to the population explosion and the accompanying crime explosion. The dramatic increase in felony referrals in the Palmer area shows in the numbers. In 2002 there were 595 felony referrals and in 2005 it was up to 869. Again, the complexity of the cases significantly impacts the caseload and takes significantly more time to process through the courts. 9:59:42 AM Palmer's trailing calendar currently has 161 felony cases set for trial with only two superior court judges to try them. Keep in mind these two judges try criminal cases part time because they have the child in need of aide (CINA) caseload and the civil caseload. They are so overloaded they are holding night court. 10:00:47 AM SENATOR CHARLIE HUGGINS asked Ms. Parkes the number of judges in each section of the state. MS. PARKES said Palmer and Kenai each have two superior court judges. She deferred the Anchorage total to Mr. Christianson. 10:01:29 AM CHRIS CHRISTIANSON, Deputy Administrative Director, Alaska Court System said Anchorage currently sports 13 superior court judges. MS. PARKES mentioned that the trailing calendar in Anchorage has over 300 cases pending trial and four judges to try them. The trailing calendar in Kenai is 167 cases pending trial with two judges. 10:04:11 AM Another impact is the relationship within the Alaska Bar Association. There are rarely trials where the defense and prosecution work together. There is animosity, a different way of doing business, and cases don't resolve as quickly as they should. She urged the committee to support the bill. 10:06:18 AM SENATOR HUGGINS asked whether the City of Palmer could accommodate more than one additional judge. MS. PARKES indicated it could. MR. CHRISTIANSON added the Palmer courthouse was originally built with three courtrooms. Two courtrooms were added on six years ago and last year the Legislature appropriated the money to add two more courtrooms but the work hasn't begun due to the current high price of steel. Population in the valley has increased dramatically and is moving away from Palmer and up the Parks Highway. 10:09:18 AM Discussions with the DOL, the Department of Corrections, and the Department of Public Safety show that eventually the state will have to open a separate court in the Wasilla area. SENATOR HUGGINS asked Mr. Christianson whether the Palmer system could support two additional judges. MR. CHRISTIANSON said he was not sure there was the space. 10:11:31 AM SENATOR GRETCHEN GUESS suggested the committee expand the bill to provide for a second additional judge in the Palmer area once the courtroom space becomes available. MR. CHRISTIANSON said that it could be years before they have additional space. SENATOR GUESS asked Mr. Christenson whether the increases with the bill would meet current needs. MR. CHRISTIANSON said it would take care of Kenai and Anchorage but that Palmer, with its continued growth, would continue to have additional needs. 10:14:30 AM SENATOR GUESS asked the condition of the Southeast Alaska area. MR. CHRISTIANSON said the Southeast area has not experienced the population growth that the South Central area has. Also, while Juneau does show a high caseload, not that many go to trial. MS. PARKES added that the feedback from the Southeast area indicates they are doing fine. Also there is a good working relationship between the prosecution and the defense. The caseloads have gone up but they are managing them. 10:18:52 AM SENATOR GUESS asked Ms. Parkes whether the findings section of the bill was necessary. MS. PARKES replied the purpose was to make clear the legislative intent. 10:20:16 AM SENATOR HOLLIS FRENCH concurred that the Anchorage courthouses were extremely busy. He noted the fiscal note was quite large and he urged Ms. Parkes and Mr. Christianson to properly prepare for a possible challenge. SENATOR GUESS moved Amendment 1. Remove Section 1. She suggested the committee draft a letter of intent to accompany the bill so that the intent is clear. Hearing no objections, Amendment 1 was adopted. CHAIR SEEKINS moved Amendment 2. Add one additional superior court judge to the fourth judicial district of Fairbanks. 10:22:30 AM Hearing no objections, Amendment 2 was adopted. CHAIR SEEKINS advised the people who were waiting to testify that they were not needed. He held SB 237 in committee.
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