Legislature(2007 - 2008)BUTROVICH 205

02/08/2007 03:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 64 DISCLOSURES & ETHICS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 69 NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY TELECONFERENCED
Moved SCS CSHB 69(JUD) Out of Committee
+= SB 45 PEACE OFFICER CONVICTED OF MURDER TELECONFERENCED
Moved CSSB 45(JUD) Out of Committee
+= SB 69 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Heard & Held
+= SB 5 FAILURE TO REPORT CRIMES TELECONFERENCED
Scheduled But Not Heard
                SB  69-CIVIL LEGAL SERVICES FUND                                                                            
                                                                                                                              
4:25:18 PM                                                                                                                      
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 69.                                                                              
                                                                                                                                
SENATOR  McGUIRE, sponsor  of SB  69, stated  that the  same bill                                                               
passed the  House unanimously twice  and Senator  Wielechowski is                                                               
the only committee member who has not heard it before.                                                                          
                                                                                                                                
SB 69  would create  a civil  legal services  fund that  would be                                                               
funded  by  provisions  required   under  AS  09.17.020(j).  This                                                               
section requires  that 50 percent  of all punitive  damage awards                                                               
are  turned over  to the  state  and deposited  into the  general                                                               
fund. 6                                                                                                                         
                                                                                                                                
SENATOR  McGuire  said  the  Alaska  Legal  Services  Corporation                                                               
(ALSC)  has helped  low-income Alaskans  with  civil legal  needs                                                               
since the mid 60s. In prior  years the legislature provided up to                                                               
$1.2 million in funding, but  during the Murkowski administration                                                               
the funding disappeared altogether. That  is a travesty for those                                                               
who believe that  access to the civil legal  system is important,                                                               
she stated.                                                                                                                     
                                                                                                                                
SENATOR McGUIRE relayed that ALSC  has provided civil legal funds                                                               
for citizens who  don't have the income to  fight landlord tenant                                                               
cases,  Social   Security  cases,  Medicaid  cases   and  others.                                                               
Currently ALSC  receives some municipal  and federal  grants, but                                                               
overall it has been very difficult to operate from year-to-year.                                                                
                                                                                                                                
4:28:55 PM                                                                                                                    
ANDY  HARRINGTON,  Executive   Director,  Alaska  Legal  Services                                                               
(ALS),  Fairbanks,  described  how additional  money  would  help                                                               
4,800 individuals  or 1,500 families.  Most of the  cases involve                                                               
custody  or  divorce  litigation  and  about  two-thirds  of  the                                                               
domestic relations cases are  violence related. When representing                                                               
victims  of domestic  violence, the  highest priority  is getting                                                               
the victims  civil protection  to help  break the  violence cycle                                                               
and  minimize any  exposure  or role  modeling  to children.  The                                                               
second  highest are  landlord tenant  cases  where families  have                                                               
lost shelter.  Disability cases, usually involving  problems with                                                               
the  Social   Security  Administration,  are  the   next  highest                                                               
followed by collection cases.                                                                                                   
                                                                                                                                
MR. HARRINGTON  said ALS  does not  represent people  in criminal                                                               
proceedings because  those cases carry  a right for  an appointed                                                               
attorney.  Part  of the  ALS  mission  is  to help  people  solve                                                               
problems   through  civil   proceedings   thereby  reducing   the                                                               
likelihood   that  the   issue  will   evolve  into   a  criminal                                                               
proceeding. This is a sort of preventative medicine, he said.                                                                   
                                                                                                                                
MR. HARRINGTON explained  that most of the case work  is in state                                                               
court  rather than  federal court,  but  most of  the funding  is                                                               
federal. ALS also provides a service  to the court system when it                                                               
represents  low   income  people   because  a  litigant   who  is                                                               
representing  him/herself invariably  slows the  system for  that                                                               
and subsequent cases.                                                                                                           
                                                                                                                                
MR. HARRINGTON said that for a number  of reasons SB 69 is a very                                                               
good bill and ALS strongly supports its passage.                                                                                
                                                                                                                                
4:33:38 PM                                                                                                                    
CHAIR FRENCH  noted that  the committee  had a  supporting letter                                                               
from  the American  Association  of Retired  Persons (AARP)  that                                                               
Marie Darlin signed.                                                                                                            
                                                                                                                                
CHAIR FRENCH asked  Senator McGuire if SB 69 is  exactly the same                                                               
bill that passed the Senate last year.                                                                                          
                                                                                                                                
SENATOR McGUIRE said yes.                                                                                                       
                                                                                                                                
CHAIR FRENCH  closed public  testimony and  asked for  comment or                                                               
discussion among the committee members.                                                                                         
                                                                                                                                
SENATOR THERRIAULT asked  about a House floor  amendment that was                                                               
offered that  day. It adds  an additional money source  from Rule                                                               
9(b)(1) of the Alaska Rules of Administration.                                                                                  
                                                                                                                                
4:35:12 PM                                                                                                                    
SENATOR  McGUIRE said  the  motivation to  get  more revenue  put                                                               
aside  into  the  fund  is  well  placed,  but  she  opposes  the                                                               
amendment. It calls for $75 of  each 9(b)(1) filing fee to be set                                                               
aside for  the fund. That would  place a financial burden  on the                                                               
court system and she prefers the more conservative approach.                                                                    
                                                                                                                                
4:35:53 PM                                                                                                                    
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
stated  that  the Court  doesn't  generally  take a  position  in                                                               
support or  opposition of a  bill. He allowed that  the amendment                                                               
was somewhat  confusing and  he believes  it was  misdrafted. The                                                               
second  section refers  to a  court rule  change and  a statutory                                                               
reference neither of which are in the bill.                                                                                     
                                                                                                                                
SENATOR McGUIRE  said the amendment  may apply to a  concept that                                                               
was discussed last  year. She asked Mr. Wooliver  to explain what                                                               
the $75  amount would represent  in terms  of filing fees  to the                                                               
Alaska Court System.                                                                                                            
                                                                                                                                
MR.  WOOLIVER  said  the  amendment might  refer  to  an  earlier                                                               
version, which  would have  increased the  court filing  fees for                                                               
certain cases  and those fees  would have funded the  civil legal                                                               
services   account.  The   Court  typically   does  not   support                                                               
surcharges on filing fees or  increases on filing fees to support                                                               
programs  that are  not related  to  the cost  of bringing  cases                                                               
court. It believes  that many of the programs  are worthwhile and                                                               
it agrees with  Mr. HARRINGTON's comments about  the burdens that                                                               
Pro Se litigants  place on the court.  Nonetheless those programs                                                               
are  more appropriately  funded through  the general  fund rather                                                               
than through a tax on court system users, he stated.                                                                            
                                                                                                                                
SENATOR THERRIAULT  asked for clarification  that 9(b)(1)  is the                                                               
regular civil litigation filing fee.                                                                                            
                                                                                                                                
MR. WOOLIVER said it is.                                                                                                        
                                                                                                                                
CHAIR FRENCH announced that he would hold SB 69 in committee.                                                                   
                                                                                                                                

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