04/19/2009 10:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB88 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 88 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 19, 2009
10:06 a.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Gene Therriault
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 88(FIN)
"An Act extending the termination date of the Board of Governors
of the Alaska Bar Association to June 30, 2013; and providing
for an effective date."
MOVED CSHB 88(FIN) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 88
SHORT TITLE: EXTEND BAR ASS'N BOARD OF GOVERNORS
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
01/26/09 (H) READ THE FIRST TIME - REFERRALS
01/26/09 (H) JUD, FIN
02/04/09 (H) JUD AT 1:00 PM CAPITOL 120
02/04/09 (H) Moved Out of Committee
02/04/09 (H) MINUTE(JUD)
02/06/09 (H) NR: LYNN, COGHILL, DAHLSTROM
02/06/09 (H) JUD RPT 1DP 3NR 2AM
02/06/09 (H) AM: GRUENBERG, GATTO
02/06/09 (H) DP: HOLMES
04/16/09 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/16/09 (H) Moved CSHB 88(FIN) Out of Committee
04/16/09 (H) MINUTE(FIN)
04/17/09 (H) DP: THOMAS, FOSTER, FAIRCLOUGH, SALMON,
JOULE, HAWKER
04/17/09 (H) NR: AUSTERMAN, KELLY
04/17/09 (H) TRANSMITTED TO (S)
04/17/09 (H) VERSION: CSHB 88(FIN)
04/17/09 (H) FIN RPT CS(FIN) NT 6DP 2NR
04/18/09 (S) JUD
04/18/09 (S) READ THE FIRST TIME - REFERRALS
04/19/09 (S) JUD AT 10:00 AM BELTZ 211
WITNESS REGISTER
THERESA OBERMEYER
Anchorage AK
POSITION STATEMENT: Spoke in opposition to HB 88.
ACTION NARRATIVE
10:06:45 AM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 10:06 a.m. Present at the call to
order were Senators Wielechowski and French. Senator Therriault
arrived soon thereafter.
HB 88-EXTEND BAR ASS'N BOARD OF GOVERNORS
10:07:03 AM
CHAIR FRENCH announced the consideration of HB 88. [Before the
committee was CSHB 88(FIN).]
At ease from 10:07:38 AM to 10:08:15 AM due to technical
difficulties.
10:09:23 AM
THERESA OBERMEYER, representing herself, referenced page 19 of
the Division of Legislative Audit review of the activities of
the Board of Governors of the Alaska Bar Association audit. It
lists five reasons for the bar association to exist: 1) to
cultivate and advance the science of jurisprudence; 2) to
promote reform in the law and in judicial procedure; 3) to
facilitate the administration of justice; 4) to encourage legal
education for the membership; and 5) to increase the public
service and efficiency of the Bar. She expressed the view that
the board leadership does not live up to the reasons for its
existence.
MS. OBERMEYER highlighted that Steven Van Goor recently stated
that the Alaska Bar Exam is, "designed to illustrate minimal
competence to practice law, knowledge of Alaska law, an ability
to spot issues, and an ability to thoroughly explain a legal
problem in a manner expected of a lawyer." If it's a test of
minimal competency, then anyone who has gotten through an
accredited law school is minimally competent to practice law,
she said. She highlighted that the Alaska Bar Association takes
in hundreds of thousands of dollars on the exam, yet it issues
licenses to less than 60 percent of the applicants. She asked
the committee to focus on the fact that the board is making a
lot of money on this.
10:13:28 AM
MS. OBERMEYER said she can't support renewing the Board of
Governors of the Alaska Bar Association and she has some ideas
for the next year. First, create a one-year probationary period
for this board and conduct an audit. She noted that she sent an
email this morning that includes issues to address in the audit.
She would like to know how many bar association applicants in
the last two years have been admitted by reciprocity and how
many have been admitted by passing the bar exam. She noted that
an attorney who is licensed in a reciprocal state and has not
yet come to Alaska is able to pay $1,500 and he or she is
automatically licensed [to practice law in Alaska]. However,
attorneys who are licensed in reciprocal states and come to
Alaska to live and subsequently make application to practice law
are excluded from admission by reciprocity. They must pass the
bar exam. She questions the basis for the exclusion and believes
it stifles commerce and competition among lawyers.
CHAIR FRENCH acknowledged that he has her recent email in hand.
10:17:24 AM
SENATOR THERRIAULT joined the committee.
CHAIR FRENCH closed public testimony and asked for a motion.
SENATOR WIELECHOWSKI moved to report HB 88 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSSB 88(FIN) moved from the Senate Judiciary
Standing Committee.
10:18:11 AM
There being no further business to come before the committee,
Chair French adjourned the Senate Judiciary Standing Committee
meeting at 10:18 pm.
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