02/21/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB56 | |
| HB133 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 133 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 56 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 21, 2011
1:05 p.m.
MEMBERS PRESENT
Representative Carl Gatto, Chair
Representative Wes Keller
Representative Bob Lynn
Representative Lance Pruitt
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Steve Thompson, Vice Chair
Representative Mike Chenault (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 56
"An Act making arson in the first degree and arson in the second
degree serious felonies for purposes of application of the crime
of conspiracy."
- MOVED HB 56 OUT OF COMMITTEE
HOUSE BILL NO. 133
"An Act increasing the number of superior court judges
designated for the third judicial district; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 56
SHORT TITLE: INCLUDE ARSON IN CRIMES OF CONSPIRACY
SPONSOR(S): REPRESENTATIVE(S) GATTO, GRUENBERG, LYNN
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) JUD, FIN
02/18/11 (H) JUD AT 1:00 PM CAPITOL 120
02/18/11 (H) -- MEETING CANCELED --
02/21/11 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 133
SHORT TITLE: INCREASING NUMBER OF SUPERIOR CT JUDGES
SPONSOR(S): RULES BY REQUEST
01/31/11 (H) READ THE FIRST TIME - REFERRALS
01/31/11 (H) JUD, FIN
02/21/11 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
GRETCHEN STAFT, Staff
Representative Max Gruenberg
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 56 on behalf of Representative
Gruenberg, one of the bill's joint prime sponsors.
JEFF TUCKER, President
Alaska Fire Chiefs Association (AFCA)
North Pole, Alaska
POSITION STATEMENT: Testified in support of HB 56 and urged its
passage.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 56.
DOUG WOOLIVER, Administrative Attorney
Administrative Staff
Office of the Administrative Director
Alaska Court System (ACS)
Anchorage, Alaska
POSITION STATEMENT: Presented HB 133 and responded to
questions.
QUINLAN STEINER, Director
Central Office
Public Defender Agency (PDA)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Responded to a question during discussion
of HB 133.
SUE STANCLIFF, Special Assistant
Office of the Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Responded to a question during discussion
of HB 133.
ACTION NARRATIVE
1:05:57 PM
CHAIR CARL GATTO called the House Judiciary Standing Committee
meeting to order at 1:05 p.m. Representatives Gatto, Lynn,
Keller, Pruitt, and Gruenberg were present at the call to order.
Representative Holmes arrived as the meeting was in progress.
Representative Thompson was excused.
HB 56 - INCLUDE ARSON IN CRIMES OF CONSPIRACY
1:06:25 PM
CHAIR GATTO announced that the first order of business would be
HOUSE BILL NO. 56, "An Act making arson in the first degree and
arson in the second degree serious felonies for purposes of
application of the crime of conspiracy."
1:07:18 PM
GRETCHEN STAFT, Staff, Representative Max Gruenberg, Alaska
State Legislature, explained on behalf of Representative
Gruenberg, one of the bill's joint prime sponsors, that HB 56
would add the crimes of arson in the first degree and arson in
the second degree [to AS 11.31.120(h)(2) - the list of serious
felony offenses for which a person could be charged with the
crime of conspiracy]. It was brought to Representative
Gruenberg's attention last year that these arson crimes were not
yet included in Alaska's conspiracy statute, and this caused him
concern, she relayed, because currently two or more people
conspiring to commit arson could only be charged with the crime
of arson if the arson actually occurs. House Bill 56 would
address this problem and provide further deterrence to the crime
of arson. Under the bill, if two or more people conspire to
commit arson and the arson occurs, they could be charged with
both the crime of arson and the crime of conspiracy, and if the
arson doesn't actually occur, they could at least still be
charged with the crime of conspiracy. The Department of Law
(DOL), she relayed, has indicated that it considers the change
proposed by the bill to be appropriate because the crimes of
arson in the first degree and arson in the second degree are
serious felonies. The joint prime sponsors have not heard any
opposition to the bill, and it's highly supported by Alaska's
fire departments, the Alaska Fire Chiefs Association (AFCA), the
Alaska Peace Officers Association (APOA), and other such groups.
CHAIR GATTO, speaking as one of HB 56's joint prime sponsors,
mentioned that back in 2003, he and Representative Gruenberg
sponsored legislation adding arson to the list of crimes for
which the Violent Crimes Compensation Board (VCCB) could provide
compensation.
1:10:09 PM
JEFF TUCKER, President, Alaska Fire Chiefs Association (AFCA),
relayed that the AFCA supports HB 56 and urges its passage.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 56.
REPRESENTATIVE KELLER asked whether the bill would increase the
penalties for arson crimes.
1:12:08 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), after
concurring with Ms. Staft's comments pertaining to the DOL,
explained that under the bill, the crime of conspiracy would
warrant a separate, additional charge that would not be merged
with the underlying charge of arson. Although the crime of
conspiracy is not often prosecuted - perhaps because it can be
difficult to prove - it's helpful to have as an option, she
concluded.
CHAIR GATTO, speaking as a former firefighter, indicated that
investigators are able to determine whether a particular fire
was started under suspicious circumstances.
1:14:24 PM
REPRESENTATIVE KELLER moved to report HB 56 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 56 was reported from the
House Judiciary Standing Committee.
The committee took an at-ease from 1:14 p.m. to 1:16 p.m.
HB 133 - INCREASING NUMBER OF SUPERIOR CT JUDGES
1:16:36 PM
CHAIR GATTO announced that the final order of business would be
HOUSE BILL NO. 133, "An Act increasing the number of superior
court judges designated for the third judicial district; and
providing for an effective date."
1:16:49 PM
DOUG WOOLIVER, Administrative Attorney, Administrative Staff,
Office of the Administrative Director, Alaska Court System
(ACS), explained that HB 133 was introduced by the House Rules
Standing Committee at the request of the Alaska Supreme Court.
Specifically, HB 133 would add two new superior court judge
positions to Alaska's Third Judicial District, and these two
judges would serve on the civil court in Anchorage. One reason
for requesting these new positions is that such judges have the
largest caseloads in the state, currently 687 cases per judge,
and this high caseload results from a combination of an increase
in the number of unrepresented litigants in domestic relations
cases coming before the courts, and internal procedural changes
wherein more status hearings are taking place in child in need
of aid (CINA) cases, and now once a CINA case is contested, a
superior court judge handles the case from then on.
MR. WOOLIVER, with regard to those procedural changes, added
that although they require more superior court resources, they
have proven to be very beneficial for the families involved,
particularly since the goal of the CINA statutes is get families
healthy and the children back in the home. With regard to
domestic relations cases wherein at least one of the parties is
unrepresented, he added that such cases - which constitute
approximately two-thirds of all domestic relations cases in
Anchorage - create a lot more work for the court and take more
time to resolve because unrepresented litigants tend to file a
lot more motions, often neglect to address the legal issues
before the court, and don't always come prepared with sufficient
documentation. With the addition of the two new positions,
although there would still be the same number of superior court
civil cases in Anchorage, it is hoped that those cases could be
resolved more quickly; furthermore, the ACS has been instituting
and researching other programs and changes in procedure that may
help it address its backlog of civil cases.
1:29:29 PM
CHAIR GATTO asked for more information about the fiscal notes
accompanying HB 133.
MR. WOOLIVER relayed that the ACS's fiscal note [of $1,440,800
for the first year and $930,400 for subsequent years] reflects
funding for the proposed two new judge positions and
accompanying in-court clerk position, law clerk position, and
administrative assistant position for each judge; office
equipment/supplies and computer hardware, software, and
licensing and fees for those positions; travel costs; and
capital expenditures for remodeling the courthouse to
accommodate the new positions. Those capital expenditures have
also been included in the ACS's capital budget request, however,
and so would be removed from the ACS's fiscal note on HB 133 if
they are fully funded in the capital budget.
MR. WOOLIVER then ventured that the Alaska Judicial Council's
(AJC's) fiscal note [of $23,200 for the first year and $1,900
for subsequent years] reflects costs associated with filling two
new judge positions and amortized retention costs for those two
positions, though page 2 provides a detailed breakdown of [the
first year's costs if the positions are filled separately as
well as a detailed breakdown of reduced costs if the positions
are filled simultaneously]. With regard to the [Office of
Public Advocacy's (OPA's)] fiscal note, he explained that any
time new judges are added to the court system, there are going
to be more hearings, more active cases, more courtrooms to
cover, and therefore the costs and staffing needs of the various
departments/agencies in the criminal justice system are going to
increase as well. Both the OPA and the Public Defender Agency
(PDA) address CINA cases, he added.
1:35:24 PM
QUINLAN STEINER, Director, Central Office, Public Defender
Agency (PDA), Department of Administration (DOA), indicated that
with the addition of two new superior court judge positions, the
PDA would need to add an attorney position [and a law office
assistant position] to address the estimated increase in the
PDA's workload. Currently, the PDA's civil division has only
six attorneys available to appear before ten superior court
judges handling CINA matters in Anchorage, and so already has
problems getting attorneys in the courtrooms on a daily basis.
CHAIR GATTO relayed that he's been informed that the Department
of Corrections' (DOC's) fiscal note [of $111,400] is inaccurate
[in that it reflects the addition of a new adult probation
officer position that would be addressing felony crimes].
MR. WOOLIVER surmised that because HB 133 itself doesn't specify
that the proposed new superior court judges would be addressing
only civil cases, the DOC's fiscal note was probably crafted
under the assumption that the proposed new superior court judges
would be addressing criminal cases.
CHAIR GATTO observed that the Office of the Governor has
submitted a zero fiscal note, and that the Department of Public
Safety's (DPS's) fiscal note [of $135,400 for the first year and
$117,300 for subsequent years] reflects the addition of a new
position.
1:39:20 PM
SUE STANCLIFF, Special Assistant, Office of the Commissioner,
Department of Public Safety (DPS), clarified that the new
position would be for a court service officer who would be
responsible for handling court paperwork and maintaining order
in the courtroom; this additional position is being requested
based on an assumption that there would be a new courtroom built
to accommodate the two new judges. She mentioned that because
domestic relations cases can often become very difficult and
emotional, court service officers are often needed to provide
assistance.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 133 but indicated that he
might reopen it, and relayed that HB 133 would be held over in
order to address the DOC's fiscal note.
1:42:50 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:42 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB56 Hearing Request 02-08-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 56 |
| HB56 Sponsor Statement 02-08-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Version M 01-18-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Relevant Statutes.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Fiscal Note-LAW-CRIM-02-11-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Fiscal Note-DPS-FLS-02-18-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 56 |
| HB56 Fiscal Note-DOC-OC-02-11-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Supporting Documents-Letter AFCA 02-15-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Supporting Documents-Letter APOA 02-14-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Supporting Documents-Letter Daniel Jager 02-17-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Supporting Documents-Letter Investigators 02-15-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB56 Supporting Documents-Letter Mark Hall 02-15-11.pdf |
HJUD 2/21/2011 1:00:00 PM SJUD 3/30/2012 1:30:00 PM |
HB 56 |
| HB133 Hearing Request 02-15-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Sponsor Statement 02-15-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Version A 01-31-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-ACS-TC-02-01-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-DOA-OPA-02-19-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-DOC-OC-02-18-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-LAW-CIV-02-17-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-DOA-PDA-02-19-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-DPS-DET-02-18-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-OOG-DOE-02-18-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |
| HB133 Fiscal Note-AK Judicial Council-02-21-11.pdf |
HJUD 2/21/2011 1:00:00 PM |
HB 133 |