Legislature(1993 - 1994)

01/27/1993 01:00 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               HOUSE JUDICIARY STANDING COMMITTEE                              
                        January 27, 1993                                       
                            1:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice Chair                                             
  Rep. Pete Kott                                                               
  Rep. Gail Phillips                                                           
  Rep. Joe Green                                                               
  Rep. Cliff Davidson                                                          
  Rep. Jim Nordlund                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  None                                                                         
                                                                               
  OTHER REPRESENTATIVE PRESENT                                                 
                                                                               
  Rep. Bill Williams                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  Organizational Meeting                                                       
  Continuation of Committee Business                                           
  Overview - Alaska Court System                                               
  Overview - Department of Law                                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  CHRIS CHRISTENSEN                                                            
  Staff Counsel                                                                
  Alaska Court System                                                          
  303 K Street                                                                 
  Anchorage, AK 99501                                                          
  Phone:  264-8228                                                             
  Position Statement:  Gave overview of Alaska Court System                    
                                                                               
  CHARLIE COLE                                                                 
  Attorney General                                                             
  Department of Law                                                            
  P. O. Box K                                                                  
  Juneau, AK 99811-0300                                                        
  Phone:  465-3600                                                             
  Position Statement:  Gave overview of the Department of Law                  
                                                                               
  BRUCE BOTELHO                                                                
  Deputy Attorney General                                                      
  Department of Law                                                            
  P. O. Box K                                                                  
  Juneau, AK 99811-0300                                                        
  Phone: 465-3600                                                              
  Position Statement:  Gave overview of the Civil Division                     
                                                                               
  DEAN GUANELI                                                                 
  Assistant Attorney General                                                   
  and Criminal Division Administrator                                          
  Department of Law                                                            
  P. O. Box K                                                                  
  Juneau, AK 99811-0300                                                        
  Phone:  465-3428                                                             
  Position Statement:  Gave overview of the Criminal Division                  
                                                                               
  GAYLE HORETSKI                                                               
  Committee Counsel                                                            
  House Judiciary Committee                                                    
  Room 120, Capitol Building                                                   
  Juneau, AK 99801-1182                                                        
  Phone:  465-4990                                                             
  Position Statement:  Answered committee questions                            
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-2, SIDE A                                                            
  Number 000                                                                   
                                                                               
  The second meeting of the House Judiciary Committee was                      
  called to order at 1:10 p.m. on January 27, 1993.  A quorum                  
  was present.                                                                 
                                                                               
  Number 036                                                                   
                                                                               
  CHRIS CHRISTENSEN, STAFF COUNSEL TO THE ALASKA COURT SYSTEM,                 
  gave an overview of the judicial branch of government.  He                   
  explained that the judicial branch is comprised of three                     
  separate agencies:  the Alaska Judicial Council, the                         
  Commission on Judicial Conduct, and the Alaska Court System.                 
  He explained that Alaska, unlike most other states, has a                    
  unified court system.  Cities and boroughs prosecute their                   
  own laws in state court.  Mr. Christensen told the committee                 
  that there are four levels of court in the Alaska Court                      
  System:  the Supreme Court, the Court of Appeals, the                        
  Superior Court, and the District Court.  He went on to                       
  explain the function of each type of court.                                  
                                                                               
  Number 184                                                                   
                                                                               
  MR. CHRISTENSEN next outlined the composition and role of                    
  the Alaska Judicial Council.  The Council has three main                     
  purposes, he said.  They solicit, screen and nominate                        
  applicants for vacant judicial positions.  They conduct                      
  studies for the improvement of the administration of                         
  justice.  Third, they evaluate all judges who run for                        
  retention.                                                                   
                                                                               
  Number 200                                                                   
                                                                               
  MR. CHRISTENSEN explained how judges are appointed in                        
  Alaska.  Qualified persons submit applications to fill                       
  vacant positions.  Then, the Judicial Council evaluates the                  
  applicants.  After evaluating the applicants, the Council                    
  submits a list of names to the governor; the governor then                   
  appoints one of those people to the bench.  Judges may serve                 
  until the age of 70, barring misconduct in office.  However,                 
  judges periodically come up for a retention vote by the                      
  public.  The Judicial Council reviews each judge as she or                   
  he comes up for retention and makes a recommendation to the                  
  voters of the state.                                                         
                                                                               
  Number 249                                                                   
                                                                               
  MR. CHRISTENSEN explained that the third agency in the                       
  judicial branch of government is the Commission on Judicial                  
  Conduct.  He explained the composition of the panel and its                  
  function, which is to investigate complaints of ethical                      
  misconduct against judges or justices.                                       
                                                                               
  MR. CHRISTENSEN explained that the judicial branch of                        
  government is, like the legislature, just a tiny part of                     
  state government, with just about 2-3 percent of state                       
  employees and 1.2 percent of the state budget.  He asked                     
  committee members if they had any questions for him.                         
                                                                               
  Number 284                                                                   
                                                                               
  REP. PHILLIPS asked if there had ever been an attempt to                     
  amend the constitution so as to remove the executive branch                  
  of government from the process of appointing judges.                         
                                                                               
  Number 288                                                                   
                                                                               
  MR. CHRISTENSEN said that he could not recall such an                        
  attempt.  In fact, he had heard of the opposite happening.                   
  Some people would like to give the governor sole authority                   
  to appoint judges.                                                           
                                                                               
  Number 298                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Christensen to outline what                        
  happens to a defendant, from the point of arrest, as he or                   
  she makes her or his way through the court system.                           
                                                                               
  Number 309                                                                   
                                                                               
  MR. CHRISTENSEN explained the process to the committee.                      
  After an arrest is made or an indictment issued, the                         
  defendant appears before a judge and is formally charged                     
  with a crime.  The judge then decides whether to keep the                    
  defendant in jail or to let the defendant out on bail.  The                  
  defendant would be given the opportunity to speak with a                     
  lawyer; if the defendant could not afford a lawyer, one from                 
  the public defender's office or the office of public                         
  advocacy would be appointed to the case.  The defendant                      
  would next enter a plea.  Under Alaska law, a defendant is                   
  entitled to a trial within 120 days after being charged with                 
  a crime.  At a trial, a defendant is either convicted or set                 
  free.  If convicted, a pre-sentencing report is written on a                 
  criminal.  In the report is a recommendation to the judge on                 
  what the sentence should be.  Then, a sentencing hearing                     
  occurs, in which a judge imposes a sentence.  Frequently, a                  
  defendant will appeal; a court of appeals then makes a final                 
  decision on whether the initial conviction and sentencing                    
  were appropriate.  This marks the end of a person's journey                  
  through the court system.                                                    
                                                                               
  (CHAIRMAN PORTER acknowledged the presence of                                
  Representatives Green, Davidson, and Williams.)                              
                                                                               
  Number 407                                                                   
                                                                               
  REP. PHILLIPS asked about the court system's backlog of                      
  cases and a defendant's right to not be tried because of the                 
  unavailability of a speedy trial.                                            
                                                                               
  Number 418                                                                   
                                                                               
  MR. CHRISTENSEN said that because of the "120-day rule"                      
  criminal cases are not delayed during times of heavy                         
  caseloads.  Civil cases are the ones that get put on the                     
  back burner.  If the state is not able to try a person                       
  within 120 days, and the defendant demands to be tried                       
  within that period of time, the case must be dismissed.                      
                                                                               
  REP. PHILLIPS asked if because of this backlog in cases,                     
  combined with budget cuts, the state was looking at invoking                 
  a fine system for non-violent crimes.                                        
                                                                               
  Number 467                                                                   
                                                                               
  MR. CHRISTENSEN said that a bail schedule was already in                     
  place for minor fish and game violations and traffic                         
  violations.  That is a simple system to impose when there is                 
  no jail sentence possible as a result of the crime or                        
  violation.  However, in the case of a misdemeanor or felony                  
  case where there is a possibility of a jail sentence, the                    
  legislature would have to determine whether, as a matter of                  
  policy, it was appropriate to impose fines in lieu of a jail                 
  sentence.  The court system is currently studying a system                   
  in place in Scandinavian countries and in a few counties in                  
  the United States called "day fines."  Fines in the United                   
  States are valued so that poor members of society can afford                 
  to pay them.  Under the day fine system, a fine is based on                  
  the defendant's income level.  As a result, higher income                    
  defendants would pay more than their lower income                            
  counterparts.                                                                
                                                                               
  Number 508                                                                   
                                                                               
  REP. GREEN asked about the court system's ability to                         
  rearrange its case load in the event of a backlog so that                    
  cases could be heard according to seriousness, instead of                    
  just on a chronological basis.                                               
                                                                               
  Number 513                                                                   
                                                                               
  MR. CHRISTENSEN said that cases must be heard within 120                     
  days, but the order in which cases are heard is subject to                   
  discretion.                                                                  
                                                                               
  Number 518                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Christensen about judge's                          
  discretion when imposing sentences.                                          
                                                                               
  Number 525                                                                   
                                                                               
  MR. CHRISTENSEN said that the legislature has traditionally                  
  set maximum sentences for certain crimes, but the exact                      
  terms of sentence were left to the judge's discretion.                       
  Later, the legislature set up a system of presumptive                        
  sentencing, which applied to certain felonies and which                      
  limits a judge's discretion when imposing a sentence.  The                   
  down-side to presumptive sentencing is that defendants                       
  subject to presumptive sentencing tend to plead innocent,                    
  because they know what sentence they will get if they plead                  
  guilty.                                                                      
                                                                               
  Number 570                                                                   
                                                                               
  REP. NORDLUND asked if the court system had taken, or would                  
  take if asked, a position on presumptive sentencing.                         
                                                                               
  MR. CHRISTENSEN said that the court system generally did not                 
  take a position on bills, except if those bills would                        
  directly affect its internal operations.                                     
                                                                               
  REP. KOTT inquired about the impact of plea bargaining.                      
                                                                               
  MR. CHRISTENSEN said that for years plea bargaining was                      
  prohibited, but he believed it was back, in some form.  He                   
  encouraged Rep. Kott to direct this question to the attorney                 
  general's office.                                                            
                                                                               
  Number 595                                                                   
                                                                               
  CHAIRMAN PORTER welcomed Attorney General Charlie Cole to                    
  the committee and asked him to address the members.                          
                                                                               
  Number 598                                                                   
                                                                               
  CHARLIE COLE, ATTORNEY GENERAL FOR THE STATE OF ALASKA,                      
  explained that the Department of Law was divided into two                    
  divisions -- a Criminal Division and a Civil Division.  The                  
  Civil Division has headquarters in Juneau, Anchorage, and                    
  Fairbanks.  He outlined significant activities of the Civil                  
  Division, including vigorous prosecution of tax assessments                  
  against "Big Oil."  He described the present harmonious                      
  working relationship between the Department of Law and the                   
  Department of Revenue on this issue, which is a positive                     
  change from their associations in some past years.  He noted                 
  that his Department has largely wound up the royalty                         
  settlements, but they still need to work on phase II of the                  
  Amerada Hess litigation.  He expressed his opinion that the                  
  Department of Revenue needs more auditors on staff in order                  
  to continue pursuing collection of oil company tax                           
  assessments.                                                                 
                                                                               
  Number 713                                                                   
                                                                               
  ATTORNEY GENERAL COLE said that his Department is continuing                 
  to litigate against the federal government over the oil                      
  export ban, which is terribly costly to Alaska and other                     
  states.  He mentioned that the Department is also working to                 
  acquire title to the lands beneath the navigable waters in                   
  the state.  He noted the state's weak position in terms of                   
  the numbers of lawyers that the state can put on a case                      
  against "Big Oil," compared with several times that number                   
  of lawyers that the industry assigns to the case.  He said                   
  the Civil Division is getting lawyers of increasingly high                   
  quality, but there is a need to hire more natural resources                  
  lawyers.                                                                     
                                                                               
  Number 783                                                                   
                                                                               
  ATTORNEY GENERAL COLE went on to discuss the Department of                   
  Law's Criminal Division, which was impacted by a severe                      
  budget cut last year.  More money given to the state                         
  troopers results in more cases for the Criminal Division, he                 
  said.  He added that it is unfair to the police officers and                 
  state troopers who make arrests to not see those cases                       
  brought to trial due to budget cuts in the Department of                     
  Law.                                                                         
                                                                               
  TAPE 93-2, SIDE B                                                            
  Number 000                                                                   
                                                                               
  ATTORNEY GENERAL COLE asserted that all criminal cases ought                 
  to be prosecuted.  It is painful, he said, to have to say                    
  "we don't have the staff."                                                   
                                                                               
  REP. PHILLIPS asked Mr. Cole about the use of contracting                    
  out audits as a cost-saving measure.                                         
                                                                               
  ATTORNEY GENERAL COLE said that he deferred that decision to                 
  Commissioner Rexwinkel.                                                      
                                                                               
  ATTORNEY GENERAL COLE reiterated his goal of winding up the                  
  tax cases.  Some of them go back to the late 1970s, he said,                 
  and remain unresolved.                                                       
                                                                               
  Number 060                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Cole if the proceeds of those tax                  
  cases were still in the hands of the oil companies.                          
                                                                               
  Number 065                                                                   
                                                                               
  ATTORNEY GENERAL COLE replied that the oil companies were                    
  holding the proceeds.  He noted that two years ago the state                 
  imposed compound interest on the oil companies.                              
                                                                               
  Number 084                                                                   
                                                                               
  CHAIRMAN PORTER asked Attorney General Cole if he would                      
  characterize the situation as one which had no definition in                 
  the past, but now had definition in terms of what bills the                  
  state was sending out.                                                       
                                                                               
  Number 090                                                                   
                                                                               
  ATTORNEY GENERAL COLE said that he did not find fault with                   
  what had occurred in the past.  He acknowledged the work of                  
  his predecessors, and said that it might be that these cases                 
  were now coming to fruition by virtue of work which had been                 
  done in the past.  He commented that they had been able to                   
  work out agreements that value the oil in the future, which                  
  should lessen future valuation disputes.                                     
                                                                               
  Number 120                                                                   
                                                                               
  REP. PHILLIPS complimented the work by the Hickel                            
  administration on settling the royalty payment issues.                       
                                                                               
  Number 129                                                                   
                                                                               
  ATTORNEY GENERAL COLE stated that it was gratifying to make                  
  these settlements without the legislature questioning the                    
  process or the result.                                                       
                                                                               
  Number 158                                                                   
                                                                               
  BRUCE BOTELHO, DEPUTY ATTORNEY GENERAL, commented that the                   
  poor relationship between the Department of Law and the                      
  Department of Revenue in the past was a major bottleneck in                  
  the ability to make collections.                                             
                                                                               
  Number 193                                                                   
                                                                               
  MR. BOTELHO said that the Department of Law employed nearly                  
  200 lawyers, funded in a variety of ways and working out of                  
  Juneau, Fairbanks, Anchorage, Ketchikan, Nome, and Kenai.                    
  The offices provide legal services to all three branches of                  
  state government.                                                            
                                                                               
  Number 230                                                                   
                                                                               
  MR. BOTELHO stated that a large amount of the Department's                   
  case load involves drafting legal opinions, regulation                       
  drafting and review, and legislative drafting and review.                    
                                                                               
  Number 245                                                                   
                                                                               
  MR. BOTELHO outlined the various sections of the                             
  Department's Civil Division, including the Commercial                        
  Section and the Governmental Affairs Section.                                
                                                                               
  Number 276                                                                   
                                                                               
  REP. PHILLIPS asked Mr. Botelho about the process of                         
  regulation review.                                                           
                                                                               
  Number 280                                                                   
                                                                               
  MR. BOTELHO described the procedure by which a state agency                  
  would change its regulations.  He then continued his review                  
  of the Civil Division's sections, including the                              
  Transportation Section, the Oil, Gas, and Mining Section,                    
  the Human Services Section, the Natural Resources Section,                   
  and the Special Litigation Section, the Medicaid Provider                    
  Fraud Section, the Welfare Fraud Section, the Fair Business                  
  Practices Section, and the Environmental Section.                            
                                                                               
  Number 404                                                                   
                                                                               
  MR. BOTELHO provided committee members with a written                        
  summary of major, ongoing litigation in each section of the                  
  Civil Division.                                                              
                                                                               
  Number 418                                                                   
                                                                               
  CHAIRMAN PORTER asked committee members if they had any                      
  questions.                                                                   
                                                                               
  Number 419                                                                   
                                                                               
  REP. GREEN asked Mr. Botelho if the Department of Law's                      
  contract attorneys worked for a fixed fee or for a                           
  percentage of the litigation's gain.                                         
                                                                               
  Number 432                                                                   
                                                                               
  MR. BOTELHO replied that the attorneys worked for a fixed                    
  fee.  He noted that they are currently experimenting with a                  
  contingent-fee arrangement in an anti-trust suit.                            
                                                                               
  Number 444                                                                   
                                                                               
  REP. PHILLIPS asked Mr. Botelho if the cost for the lawyers                  
  assigned to particular state agencies were borne by the                      
  Department of Law or by the department for which the work                    
  was being done.                                                              
                                                                               
  Number 451                                                                   
                                                                               
  MR. BOTELHO explained the funding structure of the                           
  Department of Law.  He said funding for about 40 percent of                  
  the Civil Division attorneys comes from other state                          
  departments.                                                                 
                                                                               
  Number 500                                                                   
                                                                               
  CHAIRMAN PORTER reiterated and asked for clarification of                    
  Mr. Botelho's statement.                                                     
                                                                               
  Number 510                                                                   
                                                                               
  MR. BOTELHO said that most of the attorneys are funded by                    
  the general fund, some through the Department of Law, and                    
  some through other state departments.  He stated that since                  
  1987, the Department of Law has lost seven natural resources                 
  general attorneys, although it has tried to make up for that                 
  through funding from other departments.  The irony, he said,                 
  was that while cutting back on natural resource attorneys,                   
  the state has undertaken major initiatives to litigate                       
  against the federal government and has been sued.  For that                  
  reason, the governor has agreed to request seven additional                  
  positions, five of which would be dedicated to natural                       
  resource litigation.                                                         
                                                                               
  Number 532                                                                   
                                                                               
  REP. DAVIDSON requested a written report on the increased                    
  positions and how they would fit into the Department of                      
  Law's expanded litigation program.                                           
                                                                               
  MR. BOTELHO indicated that a report would be forthcoming.                    
                                                                               
  Number 537                                                                   
                                                                               
  REP. GREEN asked Mr. Botelho about the flexibility of                        
  attorneys within the Department of Law to work on issues                     
  outside their areas of expertise, should the need arise.                     
                                                                               
  Number 547                                                                   
                                                                               
  MR. BOTELHO commented that the Department's ability to be                    
  flexible has been steadily diminishing over the years, but                   
  other state agencies have been helpful in providing funding                  
  to try to minimize that.                                                     
                                                                               
  Number 563                                                                   
                                                                               
  MR. BOTELHO cited the reapportionment case as an example of                  
  the problems associated with the Department's decreased                      
  ability to be flexible.                                                      
                                                                               
  Number 577                                                                   
                                                                               
  CHAIRMAN PORTER, hearing no further questions for Mr.                        
  Botelho from the committee, called Mr. Dean Guaneli of the                   
  Department of Law's Criminal Division, to address the                        
  committee.                                                                   
                                                                               
  Number 581                                                                   
                                                                               
  DEAN GUANELI, ASSISTANT ATTORNEY GENERAL AND CRIMINAL                        
  DIVISION ADMINISTRATOR, stated that the Criminal Division                    
  prosecutes most violations of state criminal law.  The                       
  Division has offices in 13 locations around the state.                       
  Additionally, Division staff regularly travel to outlying                    
  areas to handle court calendars there.  Division staff are                   
  spread very thin, he added.  He said the Division was simply                 
  unable to prosecute every violation of state law.                            
                                                                               
  Number 600                                                                   
                                                                               
  MR. GUANELI stated that this inability stemmed from many                     
  sources, including lack of evidence and the expense of                       
  bringing witnesses back to Alaska from other states.  The                    
  Division, under the law, has broad discretion to choose                      
  which cases it prosecutes and which it does not, he added.                   
                                                                               
  Number 624                                                                   
                                                                               
  REP. DAVIDSON inquired about the average cost of                             
  prosecution.                                                                 
                                                                               
  Number 630                                                                   
                                                                               
  MR. GUANELI said that it was difficult to quantify the cost                  
  of prosecution, due to the varieties of crime.  He said his                  
  Division handles felonies, misdemeanors and regulatory                       
  offenses that range from speeding tickets to some commercial                 
  fishing violations.                                                          
                                                                               
  Number 647                                                                   
                                                                               
  REP. DAVIDSON asked Mr. Guaneli how many new positions the                   
  Division was asking for.                                                     
                                                                               
  Number 649                                                                   
                                                                               
  MR. GUANELI said the Division was not asking for any                         
  increase in positions and would likely lay off some of its                   
  staff.                                                                       
                                                                               
  Number 653                                                                   
                                                                               
  REP. DAVIDSON asked how many additional positions the Civil                  
  Division was requesting.                                                     
                                                                               
  MR. BOTELHO responded that they were requesting seven                        
  additional positions.                                                        
                                                                               
  REP. DAVIDSON asked what effect seven additional positions                   
  would have on the Criminal Division's workload.                              
                                                                               
  Number 655                                                                   
                                                                               
  MR. GUANELI said that it would help the Division                             
  immeasurably.  However, he noted that in the past the Civil                  
  Division has taken a substantially larger number of budget                   
  cuts than the Criminal Division had.  He added that he felt                  
  it was the Civil Division's turn to "catch up" on funding.                   
                                                                               
  TAPE 93-3, SIDE A                                                            
  Number 015                                                                   
                                                                               
  REP. JAMES asked if there was a method by which the Criminal                 
  Division determined which infractions would be prosecuted.                   
                                                                               
  Number 032                                                                   
                                                                               
  MR. GUANELI said the Division tried to assess cases as they                  
  received them and determine how important it was to                          
  prosecute that particular case, compared to other cases                      
  received by the Division.  He cited bootlegging cases as an                  
  example of some cases being taken more seriously in certain                  
  regions of the state.                                                        
                                                                               
  Number 116                                                                   
                                                                               
  REP. JAMES mentioned that it seemed that the Division                        
  handled each case it received, but did not necessarily bring                 
  each case to trial.                                                          
                                                                               
  Number 120                                                                   
                                                                               
  MR. GUANELI responded that some cases were prosecuted to the                 
  full extent of the law, others were prosecuted to a lesser                   
  extent, and a large number of cases were simply not                          
  prosecuted.                                                                  
                                                                               
  Number 127                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Guaneli about the current policy                   
  on plea bargaining.                                                          
                                                                               
  Number 133                                                                   
                                                                               
  MR. GUANELI said that plea bargaining was widely condemned                   
  for a number of years, because it took the judge and jury                    
  out of the decision making process.  The practice that was                   
  condemned the most, he said, was the prosecuting attorney                    
  and the defense attorney agreeing on a sentence.  Currently,                 
  that practice is prohibited, except in rare circumstances.                   
  Under the presumptive sentencing system, there are some                      
  statutory limits to a judge's sentencing discretion, he                      
  added.                                                                       
                                                                               
  Number 150                                                                   
                                                                               
  MR. GUANELI estimated that at least 90 percent of the                        
  Criminal Division's cases were disposed of in some manner,                   
  through a plea change from not guilty to guilty.  Therefore,                 
  the cases that go to trial are the last 8-10 percent of the                  
  cases that get prosecuted, he said.  Those cases are ones in                 
  which the defendant refused to enter into any kind of                        
  negotiated agreement, or the Division feels that it would be                 
  irresponsible to agree to the settlement that the defense                    
  wants.                                                                       
                                                                               
  Number 199                                                                   
                                                                               
  REP. GREEN inquired about the length of time Criminal                        
  Division staff remain in jobs located in rural areas of                      
  Alaska.                                                                      
                                                                               
  Number 222                                                                   
                                                                               
  MR. GUANELI indicated that it was difficult to keep                          
  personnel in rural areas long enough so that they gained                     
  experience with the community, but not so long that they                     
  become jaded about the criminal justice system.  The                         
  Division's experience is that they can expect a two-year                     
  commitment from rural staff.  He added that they are now                     
  asking applicants to give a commitment to remain in the                      
  rural area for at least two years.  He spoke of high travel                  
  costs to outlying areas of the state, not just for a judge,                  
  but also for police officers and witnesses.                                  
                                                                               
  Number 272                                                                   
                                                                               
  CHAIRMAN PORTER called committee members' attention to the                   
  committee schedule for the rest of the current week and for                  
  the following week.  He then asked Gayle Horetski, Committee                 
  Counsel, to address the committee on bills that had been, or                 
  would be referred to the Judiciary Committee.                                
                                                                               
  Number 328                                                                   
                                                                               
  MS. GAYLE HORETSKI stated that many bills have Judiciary                     
  Committee referrals, but most must go to another committee                   
  first.  However, four bills have received a Judiciary                        
  Committee referral as their first committee of referral.                     
  Two of those, she said, had been scheduled for the following                 
  week:  HB 90, the 1992 revisor's bill and HB 58, relating to                 
  the budget reserve fund.  She briefly described each of                      
  those bills.                                                                 
                                                                               
  MS. HORETSKI described the other two bills currently in                      
  committee.  House Bill 64, sponsored by Rep. Toohey, relates                 
  to stalking.  A sponsor substitute may be introduced, she                    
  said.  House Bill 86, relating to property-related offenses                  
  by juveniles, and sponsored by Rep. Bunde, was recently                      
  received, she added.                                                         
                                                                               
  Number 377                                                                   
                                                                               
  REP. PHILLIPS asked when bill packets would be available to                  
  committee members.                                                           
                                                                               
  Number 380                                                                   
                                                                               
  CHAIRMAN PORTER replied that bill packets would be prepared                  
  at least 24 hours prior to committee meetings and members                    
  were responsible for obtaining them from the committee room.                 
                                                                               
  Number 390                                                                   
                                                                               
  CHAIRMAN PORTER commented that the three bills that the                      
  Court System had requested that the committee introduced on                  
  its behalf would indeed be introduced, barring any strong                    
  objections from the committee.                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 2:50 p.m.                           
                                                                               

Document Name Date/Time Subjects