Legislature(2019 - 2020)GRUENBERG 120
03/13/2019 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Consideration of Governor's Appointees: Ak Police Standards Council | |
| HB77 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 77 | TELECONFERENCED | |
| *+ | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 13, 2019
1:32 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chuck Kopp
Representative Louise Stutes
Representative Adam Wool
Representative Laddie Shaw
Representative David Eastman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONSIDERATION OF GOVERNOR'S APPOINTEES: AK POLICE STANDARDS
COUNCIL
HOUSE BILL NO. 77
"An Act relating to the number of superior court judges in the
third judicial district; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 77
SHORT TITLE: NUMBER OF SUPERIOR COURT JUDGES
SPONSOR(s): RULES BY REQUEST
02/27/19 (H) READ THE FIRST TIME - REFERRALS
02/27/19 (H) JUD, FIN
03/13/19 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
JEN WINKELMAN, Director
Division of Probation & Parole
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
STEPHEN DUTRA, Chief of Police
North Pole Police Department
North Pole, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
REBECCA HAMON
King Salmon, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
BURKE WALDRON, Chief of Police
Bethel Police Department
Bethel, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
JOSEPH WHITE, Chief of Police
Ketchikan Police Department
Ketchikan, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
NANCY MEADE, General Counsel
Alaska Court System
Juneau, Alaska
POSITION STATEMENT: Presented HB 77 on behalf of the Alaska
Court System.
ACTION NARRATIVE
1:32:48 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:32 p.m. Representatives Eastman, LeDoux,
Kopp, Shaw, Stutes and Claman were present at the call to order.
Representative Wool arrived as the meeting was in progress.
^Consideration of Governor's Appointees: AK Police Standards
Council
Consideration of Governor's Appointees: AK Police Standards
Council
1:33:27 PM
CHAIR CLAMAN announced that the first order of business would be
a confirmation hearing for five appointees to the Alaska Police
Standards Council (APSC). He opened public testimony for the
hearing.
1:34:14 PM
JEN WINKELMAN, Director, Division of Probation & Parole,
Department of Corrections, offered some brief biographical
information. She said she was born in Fairbanks, is a graduate
of University of Alaska Fairbanks (UAF) with a degree in Justice
and Paralegal Studies, moved to Juneau in 2016, and has worked
for the Department of Corrections (DOC) for 18 years. She said
her work with DOC has included both time within institutions and
in the field. She said the Senate Judiciary Committee asked her
two questions that she would like to address: Why she wants the
position and what value she would bring to the council.
MS. WINKELMAN said she would like the position because she
believes APSC is important to maintain professionalism and
integrity within the law enforcement community. She said this
professionalism correlates to public safety. She recounted an
educator who once said one of the most important factors in job
satisfaction is how much your job affects the wellbeing of
others. She said that is how she feels as a parole and
probation officer.
1:36:09 PM
MS. WINKELMAN said the opportunity to be part of APSC came about
after she was appointed Director of the Division of Probation &
Parole. She called it a privilege to serve in a bigger capacity
outside her corrections comfort zone. She said cooperation and
community input are vital to successfully promote public safety.
She said she recognizes that the State of Alaska (SOA) has
experienced difficulties with recruitment and retention across
all law enforcement agencies. She said her ability to serve on
APSC would allow her "to have an insight into the opportunities
that we can offer to other folks to produce and maintain highly
trained officers." She noted that she would be allowed the
opportunity to restore faith in those who have lost faith in
the system." She said she believes in the work of peace
officers but also believes in checks and balances.
1:37:23 PM
MS. WINKELMAN said she would bring to APSC a broad, statewide
perspective informed by her experience managing probation
offices from Utqiagvik to Ketchikan. She said she has
experience working with a wide variety of law enforcement
agencies including Village Public Safety Officers (VPSOs),
village and municipal police departments, and the Division of
Alaska State Troopers (AST). She said she believes APSC
agencies should work together on a daily basis regarding things
like training and field assistance. She added that she has
experience visiting many rural villages. She called herself a
naturally-born problem solver and said she likes working as part
of a team. She said she looks forward to sharing her networking
talent and her network of resources with APSC. She said her
experience and personality fit APSC's mission and core services.
She said she managed a caseload of felons for years, which shows
that she is not afraid to make tough and sensitive decisions.
She said she is fair and impartial in her decision-making. She
said she is capable of harnessing facts and successfully
formulating decisions based on big picture goals regarding the
safety of her community.
1:39:53 PM
MS. WINKELMAN closed her remarks by saying that, no matter how
much the career field evolves, the one thing that remains
constant is the integrity of law enforcement. She said she
believes APSC is in a good place to ensure that integrity.
1:40:23 PM
REPRESENTATIVE KOPP asked if the APSC position she has been
nominated to is one of the designated Corrections seats.
MS. WINKELMAN said she believes it is. She noted she is
replacing the prior Corrections representative.
REPRESENTATIVE KOPP noted that he served on APSC for five years
and enjoyed it. He noted as well that Representative Shaw was
formerly Executive Director of APSC. He asked what she felt
were [SOA's] top training challenges.
MS. WINKELMAN said she believes the biggest challenge pertains
to bringing people from rural areas to hub areas for training.
She said it is partly an issue of funding and partly an issue of
communication and getting the word out to rural areas regarding
what is available in different areas. She said it is important
to communicate opportunities for training and to put people in
positions to participate.
1:42:26 PM
REPRESENTATIVE KOPP asked if she is familiar with the police
training surcharge.
MS. WINKELMAN gestured no.
REPRESENTATIVE KOPP explained that the way training funds come
to APSC is via a surcharge on misdemeanors, felonies, and moving
violations. He said he has heard from different agencies and
facilities that the surcharge monies have not been passed
through the state to APSC for training purposes as effectively
as has been the case in the past. He said maybe those monies
are getting lost in the process. He asked her to bring this up
in her service on the council.
MS. WINKELMAN said she was familiar with the surcharge but had
not realized that was where it went. She said she would
definitely look into it.
1:43:45 PM
REPRESENTATIVE EASTMAN asked if the person she is replacing was
a Deputy Director or higher in DOC.
MS WINKELMAN answered yes.
1:44:00 PM
REPRESENTATIVE EASTMAN said some individuals who have spent 20
years or more in federal law enforcement with the military do
not qualify for law enforcement positions in Alaska. He asked
if she would favor some sort of alternate route for them to be
hired.
MS. WINKELMAN answered that she was not familiar with that
situation but would look into it. She said she knows DOC was
definitely looking into it.
1:45:19 PM
REPRESENTATIVE EASTMAN voiced a concern from some constituents
that certain home school graduates whose programs are not
affiliated with a public school are required to acquire a
[Certificate of High School Equivalency] (GED) before they can
apply for a law enforcement position. He asked for her thoughts
on that.
MS. WINKELMAN said she was not familiar with that situation.
She said she would have to determine why that requirement was
put into place.
1:46:01 PM
CHAIR CLAMAN extolled a DOC employee named Dusty Dumont and said
her good work reflects well on Ms. Winkelman's work as a
supervisor. He thanked her for testifying. He moved to the
next appointee.
1:46:50 PM
STEPHEN DUTRA, Chief of Police, North Pole Police Department,
said he first came to Alaska over 20 years ago with the
intention of becoming a police officer. He said he graduated
from the police academy in Sitka and went on to work in Yakutat
for three years in a variety of positions. He said he then
moved to North Pole to attend UAF, from which he graduated with
a B.A. in Criminal Justice. He said he started working for
North Pole Police Department as a patrol officer and rose up
through the ranks to his current role as Chief of Police, a
position he has held for seven years. He discussed his family
and his participation in community activities such as the Guys
Read program, Coffee with a Cop, and Cub Scouts. He said he was
instrumental in bringing active shooter training to rural
schools. He said he is a board member of the Alaska Association
of Chiefs of Police, Inc.
1:49:01 PM
CHIEF DUTRA said he wants to be part of APSC because he has
reached the point in his career when he wants to volunteer and
help out. He said it is also a good opportunity to represent
North Pole on the council. He said he is a level-headed and
reasonable person with bountiful experience working up through
the ranks and in rural Alaska. He called himself open-minded
and said he believes in upholding the standards and integrity of
law enforcement.
1:50:02 PM
REPRESENTATIVE EASTMAN asked which seat Mr. Dutra would be
filling.
CHIEF DUTRA said he would be filling a police chief seat.
1:50:16 PM
REPRESENTATIVE EASTMAN asked if he was aware that it is, in at
least one respect, more difficult to become a law enforcement
hire in Alaska than it is to apply to and be accepted to a
military academy because of the GED requirement. He asked for
his thoughts on the matter.
CHIEF DUTRA answered that he is not familiar with military
requirements. He said [police] standards require a GED or high
school diploma. He said he would look into it.
1:51:01 PM
REPRESENTATIVE EASTMAN asked for his thoughts on the current
eligibility of current and former military members to apply for
law enforcement positions in Alaska.
CHIEF DUTRA said North Pole Police Department recruits from
local military bases. He said APSC upholds various training
standards. He said some military and security forces training
is not reciprocal and not generally accepted by APSC. He said
the topic is worthy of further discussion.
1:52:01 PM
CHAIR CLAMAN thanked him for his testimony. He moved to the
next appointee.
1:52:18 PM
REBECCA HAMON said she has lived in Alaska for about 20 years.
She said she lives in King Salmon and loves living in rural
Alaska. She spoke about her family and their connection to
Alaska. She said she has worked for 12 years as a village/legal
advocate for Safe and Fear Free Environment, Inc. (SAFE). She
described SAFE as an agency that advocates for victims of
domestic violence and sexual assault. She said SAFE serves all
the villages - approximately 18 - served under the Naknek
District Court. She said she tries to be a team player with the
agencies that work to help victims. She said she regularly
works with the local borough police, the Office of Children's
Services (OCS), AST, VPSOs, and with the Child Advocacy Center
in Dillingham. She said she is a school board member and has
been allowed to teach students about healthy relationships,
dating, and violence prevention.
1:54:53 PM
MS. HAMON discussed her community involvement. She said she has
served on APSC for eight years and this is her third
appointment. She said she occupies one of the council's public
member seats. She said she offers a rural perspective and
experience working in small places where getting results
involves a creative approach. She said it is vital, from a
rural perspective, to have a high-quality police force because
trust between the community and the police has been broken in
the past. She called the rebuilding process difficult. She
said people in all areas of Alaska deserve to be served by
public servants who care about the law and perform well at their
jobs.
MS. HAMON noted that she is one of APSC's longest-serving
councilmembers. She said she brings valuable council experience
and is someone who can offer a historical perspective on various
decisions made in recent years.
1:57:00 PM
REPRESENTATIVE EASTMAN asked if, in her eight years on the
council, she has formed an opinion on the challenges impacting
law enforcement recruitment efforts. He asked what the agencies
can do to improve recruitment.
MS. HAMON said she is not sure what APSC can do to address that
problem. She said different parts of the state have different
issues with hiring. She said rural recruitment efforts are
difficult because the high cost of living and lack of services
for families drives people away. She said APSC's hands are tied
because it is not able to help with training as much as it would
like. She cited financial issues that prevent training programs
for rural areas.
1:58:56 PM
REPRESENTATIVE KOPP commented on his experience working with Ms.
Hamon in Bristol Bay. He praised her professionalism. He said
he believes she is the only person with a victim advocate
background to have served on the council. He shared that Ms.
Hamon taught his wife to can silver salmon.
2:00:07 PM
CHAIR CLAMAN recognized her public service in rural areas. He
said he was impressed with her serving on four boards. He
recognized her professional efforts in helping her community get
access to dental care. He thanked her for her service and for
testifying. He moved to the next appointee.
2:01:18 PM
BURKE WALDRON, Chief of Police, Bethel Police Department, said
he has been appointed to fill one of the chief of police seats
on APSC. He said has lived in Alaska since 1987. He said he
graduated from UAF and joined the Department of Public Safety in
1990. He said he spent 14 years with the Division of Alaska
Wildlife Troopers (AWT) and 11 years with AST. He added that he
held field level and command level positions with both AWT and
AST. He said, after retiring, he took a few years off before
becoming Chief of Police for the City of Bethel.
2:03:04 PM
MR. WALDRON said his experience as a game warden, state trooper,
and rural police chief offers a broad perspective. He said
rural Western Alaska would be well-served by representation on
APSC because the region has unique challenges. He said he wants
to serve on APSC because he wishes to rectify public opinion
toward law enforcement. He said integrity and transparency of
law enforcement is critical. He said these things help with
public perception.
2:04:37 PM
REPRESENTATIVE EASTMAN asked for his assessment on law
enforcement recruitment in Alaska.
CHIEF WALDRON said recruitment is an ongoing battle. He
described it as not just a state problem, rather "at a minimum a
North American problem." He said he has had conversations with
Canadian agencies that have also found it difficult to find
strong, qualified candidates. He said he believes there is a
variety of reasons for these difficulties. He added that fiscal
constraints necessitate outside-the-box solutions.
2:06:14 PM
REPRESENTATIVE EASTMAN asked what APSC can do to address
recruitment issues.
MR. WALDRON said making a direct impact is difficult. He said
the council can indirectly address the problem by maintaining
high standards and improving the public image of law
enforcement.
2:07:08 PM
REPRESENTATIVE SHAW asked if the training he received at the
[police] academy 29 years ago still benefits him today as Chief
of Police.
CHIEF WALDRON said it definitely was. He said, "I wouldn't be
the person I am today if it wasn't for those three months I
spent in Sitka and the people you being one of them that
drastically had an impact on the man I became."
REPRESENTATIVE SHAW conceded that he asked the question as a
point of levity.
CHAIR CLAMAN joked that there was a rumor Representative Shaw
was very good at washing dishes at the academy.
REPRESENTATIVE SHAW deadpanned, "That's not funny."
CHAIR CLAMAN thanked Mr. Waldron. He moved to the next
appointee.
2:08:29 PM
JOSEPH WHITE, Chief of Police, Ketchikan Police Department, said
he has been nominated for one of APSC's chief of police seats.
He said he was born and raised in Ketchikan, attended Ketchikan
High School and Kodiak High School, and graduated from
University of Alaska Anchorage (UAA). He said he graduated from
the Sitka Police Academy and was hired by Ketchikan Police
Department (KPD) in 1996. He said he has worked for KPD for 23
years.
He said one reason he wants the position on APSC is because the
council is critical for public safety, as it serves as the
guardian of police standards. He stressed the importance of all
law enforcement, corrections, and probation officers having the
highest standards in the nation. He noted that all it takes is
one bad incident to tarnish the reputation of a department and
the entire profession. He said APSC keeps the profession "in a
good light." He noted the importance of high-quality training
that equips officers with the tools to be confident in today's
society. He said ill-trained officers are a liability to their
department, their community, the state, and the profession. He
said highly-trained professional officers mean fewer internal
problems, fewer case dismissals, better casework, and safer
communities.
2:10:39 PM
REPRESENTATIVE EASTMAN said a homeschool graduate in Talkeetna
can apply to the United States Military Academy at West Point
and have a military law enforcement career there, but without a
GED cannot apply to be a police officer in Wasilla. He asked
why that is and for any of Chief White's thoughts on the matter.
CHIEF WHITE said he was not aware this was the case. He said he
has not looked into the matter. He said hiring standards
require a GED or higher. He acknowledged the growing popularity
of homeschooling and alternative schooling. He added that
recruitment is a huge issue and it may be time to revisit hiring
standards so that qualified candidates do not fall through the
cracks. He called the discussion worthwhile.
2:12:32 PM
REPRESENTATIVE EASTMAN noted that some people who leave the
military after working in federal law enforcement at Joint Base
ElmendorfRichardson have found themselves ineligible to apply
to law enforcement positions in Alaska because of an
administrative regulation. He asked if he was aware of this
sort of matter.
CHIEF WHITE said he had not heard that concern. He said KPD has
hired lateral officers from the lower 48 states. He said KPD
ensures a candidate's academy training will be acceptable by
Alaska standards before making a job offer. He noted the
difference between a 2-week refresher academy experience and a
full 16-week police academy experience. He said he is not
certain if all military schooling will transfer into civilian
law enforcement as the two jobs are different. He said the
process can be modified.
2:13:59 PM
REPRESENTATIVE STUTES asked how many seats on the council are
reserved for police chiefs.
CHIEF WHITE said he thinks four seats are for chiefs of police.
2:14:19 PM
CHAIR CLAMAN asked what he learned in high school as a student-
athlete and who his favorite teachers were.
CHIEF WHITE said he enjoyed his time as a high school basketball
player at Ketchikan High School.
CHAIR CLAMAN asked who the coach of that team was.
CHIEF WHITE said [Representative] Ortiz. He said he enjoyed his
experience and enjoys a friendship with him today.
CHAIR CLAMAN said Representative Ortiz must have coached other
members of Chief White's family.
CHIEF WHITE said his wife was a member of Representative Ortiz's
track team.
2:16:00 PM
REPRESENTATIVE LEDOUX asked about Chief White's time in Kodiak.
CHIEF WHITE said he attended Kodiak High School for his junior
and senior years. He said he played basketball there.
REPRESENTATIVE LEDOUX asked if had ever met any LeDouxs in
Kodiak.
CHIEF WHITE's answer was inaudible.
CHAIR CLAMAN thanked Chief White for humoring the committee's
questions about his career as a student-athlete.
2:17:07 PM
CHAIR CLAMAN closed public testimony.
2:17:26 PM
REPRESENTATIVE STUTES thanked all the appointees for applying.
REPRESENTATIVE EASTMAN wished them well.
REPRESENTATIVE KOPP thanked the appointees. He noted that
Representative Eastman's questions will spur them to look into
education requirements to ensure there are no artificial
impediments to hiring. He said he is encouraged by the quality
of the appointees.
REPRESENTATIVE SHAW said that APSC consists of the Commissioner
of Public Safety or designee, the Commissioner of Corrections or
designee, two members of the public, four police chiefs, and one
corrections administrator. He said that, as APSC's former
Executive Director, he finds the appointees to be highly
qualified.
REPRESENTATIVE LEDOUX called the appointees "eminently
qualified." She thanked them.
2:18:43 PM
CHAIR CLAMAN echoed those comments and thanked the committee.
REPRESENTATIVE LEDOUX stated that the House Judiciary Standing
Committee has reviewed the qualifications of the Governor's
appointees and recommends the following names be forwarded to a
joint session for consideration: Stephen Dutra, Rebecca Hamon,
Burke Waldron, Joseph White, Jennifer Winkelman to the Alaska
Police Standards Council. She said this does not reflect intent
by any of the members to vote for or against this individual
during any further sessions for the purpose of confirmation.
The appointees' names were forwarded to the joint session.
HB 77-NUMBER OF SUPERIOR COURT JUDGES
2:19:36 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 77 "An Act relating to the number of superior
court judges in the third judicial district; and providing for
an effective date."
2:20:04 PM
NANCY MEADE, General Counsel, Alaska Court System, said HB 77
would increase the allotted number of superior court judges by
two and specify that those seats serve in the Third Judicial
District. She said HB 77 would allow the Alaska Court System to
take the two already-existing district court seats one in
Homer, one in Valdez and fill those seats with superior court
judges. She stated that HB 77 was introduced by the House Rules
Committee by request of the Alaska Court System. She explained
that it is rare for the courts to request a statutory change but
noted that this situation requires it. She said HB 77 is a
priority for the Alaska Supreme Court.
2:21:07 PM
MS. MEADE addressed why the Alaska Supreme Court wants a
statutory change, specifically that Homer and Valdez are the
only court locations in Alaska that are served by only a
district court judge. She said they are the last remaining
single judge locations where the judge is not a superior court
judge. She noted that superior court judges have original
jurisdiction over all trial court issues that arise in the
state, whereas district court judges have only limited
jurisdiction. She said superior court judges can handle
felonies, child-in-need-of-aid cases, domestic relations cases,
juvenile delinquency, civil cases with amount in excess of
$100,000, and probate cases. She said district court judges are
limited to misdemeanors, civil cases with a lower dollar amount,
and some other matters. She said the court system wants to
equip Homer and Valdez with superior court judges who can handle
everything filed in those locations.
2:22:19 PM
MS. MEADE noted that the timing for this change is ideal, as the
district court seat in Valdez is currently vacant due the former
judge's appointment to a new superior court seat in Juneau. She
added that the district court judge in Homer has announced her
retirement effective at the end of June. She said if HB 77
passes this year, the court system will be able to advertise
those seats as superior court judges rather than district court
judges.
MS. MEADE explained that the court system wants this change
because the current status quo for handling cases in those
locations is and has long been problematic. She said superior
court cases in Homer are covered by the superior court judge in
Kenai, who travels to Homer one week per month. She said this
is not a sustainable or effective way to handle that caseload.
She added that there are additional costs to the current Homer
which make it inefficient.
2:24:04 PM
MS. MEADE said the Valdez situation is similar. She restated
that the district court seat is vacant and if the court system
were able to fill it with a superior court judge, the new judge
would be able to handle all cases there. She said the former
district court judge was exceptional and had been able to handle
some superior court matters with special appointments from the
Alaska Supreme Court. She said if the seat were filled by
another district court judge, superior court matters would have
to be handled by judges from Palmer, Kodiak, or elsewhere. She
said the Alaska Supreme Court has explored many ways to cover
Homer and Valdez and has determined the change proposed in HB 77
to be the most cost-effective.
2:25:54 PM
REPRESENTATIVE EASTMAN asked if the number of district court
judges is set in statute and, if not, how that number is
determined.
MS. MEADE said the number of district court judges is
established in the court system's administrative rules.
2:26:16 PM
REPRESENTATIVE WOOL asked if the number of superior court judges
is limited as well. He asked for more information about the
differences between superior court and district court judges.
He also asked if superior court judges sometimes hear district
court cases.
2:27:12 PM
MS. MEADE clarified that the number of district court judges is
set in the court's rules. She said there is a statute that says
the court can amend that number from time to time. She said the
qualifications for superior court judges are generally similar
to district court judges. She said superior court seats may
require a longer residency. She added that superior court
judges are chosen the same way district court judges are chosen.
She described the process through which applicants are processed
by the Alaska Judicial Council and scored by the Alaska Bar
Association before the most qualified are nominated to the
governor. She said different caseloads attract different
applicants. She said some applicants prefer the quicker pace of
the district court while others prefer superior court cases that
last longer and require more writing and research. She said
whether superior court judges cover both superior and district
court caseloads depends on location. She said the plan is for
the proposed superior court judges in Valdez and Homer to cover
both kinds of cases.
2:29:37 PM
REPRESENTATIVE WOOL asked if district court judges ever apply to
superior court seats.
MS. MEADE answered that it sometimes happens. She said many
district court judges are happy with their roles. She noted not
all judges seek to move up a level and some are better suited to
one level and not another.
CHAIR CLAMAN shared that current Chief Justice Joel H. Bolger
previously served as a district court judge in Valdez, then was
appointed to the superior court seat in Kodiak, then was
appointed to the Alaska Court of Appeals, then was appointed to
the Alaska Supreme Court, from which he was elected Chief
Justice by his colleagues. He said he thinks Chief Justice
Bolger is the first judge in Alaska history to have served at
all four levels of the court system.
2:31:20 PM
REPRESENTATIVE LEDOUX said she understands there are locations
where a single court judge hears both superior and district
court cases. She said she assumes the court system has had
experience with these situations and has found it works well.
MS. MEADE answered "yes." She said the court system seeks to
replicate the success of locations like Kotzebue, Dillingham,
Nome, and Sitka.
2:32:17 PM
REPRESENTATIVE EASTMAN asked if he understands correctly that
Homer and Valdez are the state's only stand-alone district
courts.
MS. MEADE answered "yes."
REPRESENTATIVE EASTMAN asked how long it would take after the
passage of HB 77 to amend the court's rules to reflect a
decrease in district court seats.
MS. MEADE said once HB 77 is signed, the court rules attorney
would recommend the administrative rule be decreased by two
seats. She said the process for making noncontroversial
administrative rule changes moves quickly.
CHAIR CLAMAN noted that the court system can change its rules
faster than the legislature can pass legislation.
2:33:38 PM
REPRESENTATIVE EASTMAN asked how many district court judges
would remain should HB 77 become law.
MS. MEADE answered there would be 20.
2:34:03 PM
REPRESENTATIVE KOPP noted that the number of judges is set in
statute. He cited [AS 22.10.120].
MS. MEADE said this is correct. She said there is language in
statute that allows the Alaska Supreme Court to change the
number from time to time as it sees fit.
REPRESENTATIVE KOPP asked if it would take a two-thirds vote
from the legislature to change a court rule.
MS. MEADE distinguished between this court rule, which is an
administrative rule, and one of the rules of practice and
procedure that are covered in the state constitution. She said
a two-thirds vote is not necessary to amend an administrative
rule.
REPRESENTATIVE KOPP posited that only a simple majority is
necessary.
MS. MEADE clarified that the legislature would not be amending
the administrative rule. She said the legislature would be
amending the statute, after which the court system would
determine the necessity of a rule change.
2:35:26 PM
CHAIR CLAMAN said the court system has authority to change its
own rules due to the separation of powers held in the state
constitution. He said the Alaska Supreme Court can change court
rules whenever it sees fit, as part of its inherent authority.
He noted that a two-thirds majority of the legislature can
essentially tell the court, "We're changing a rule and you've
got to live with it."
2:36:14 PM
REPRESENTATIVE KOPP stipulated that the court system's changing
of the rule hinges on the legislature passing HB 77. He asked
if the fiscal note was reflective of a single judge's salary or
of both positions.
MS. MEADE explained that the fiscal note is reflective of the
net impact of shifting both positions. She said the number
reflects the difference in salary and benefits for two positions
less savings on travel costs for other judges to cover superior
court cases.
REPRESENTATIVE KOPP asked if this is the same thing the
legislature did when it upgraded the Juneau position to a
superior court seat.
MS. MEADE answered yes. She referenced House Bill 298 [passed
in the Thirtieth Alaska State Legislature] which made it so.
2:37:27 PM
REPRESENTATIVE EASTMAN asked about a scenario in which,
regardless of whether HB 77 passes, the Alaska Supreme court
elects to add district court judges. He asked if that decision
would require a majority vote of the Alaska Supreme Court and if
the decision would require budgetary adjustments.
MS. MEADE called the scenario "quite hypothetical." She said it
would require a budgetary increase for two new positions.
REPRESENTATIVE EASTMAN asked whether that would require a
majority vote of the Alaska Supreme Court.
MS. MEADE answered that rule changes happen often. She
described the process through which the rules attorney brings
recommendations from various rules committees before the court.
She said the court votes on how to approach those proposed rule
changes.
2:39:15 PM
CHAIR CLAMAN opened public testimony on HB 77. After
ascertaining that no one wished to testify, he closed public
testimony. HB 77 was held for further review.
2:40:59 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:41 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Alaska Police Standards Council Appointment-Stephen Dutra Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Rebecca Hamon Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Burke Waldron Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Joseph White Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| Alaska Police Standards Council Appointment-Jennifer Winkelman Resume 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM |
|
| HB077 ver A 3.13.19.PDF |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |
| HB077 Sponsor Statement 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |
| HB077 Fiscal Note JUD-ACS 3.13.19.pdf |
HJUD 3/13/2019 1:30:00 PM HJUD 3/15/2019 1:30:00 PM |
HB 77 |