SB 55-TEMP. APPOINTMENTS TO COURT OF APPEALS   2:57:33 PM CHAIR HUGHES reconvened the meeting. She announced that the final order of business would be SENATE BILL NO. 55, "An Act relating to judges of the court of appeals; and providing for an effective date." 2:57:41 PM SENATOR DAVID WILSON, Alaska State Legislature, paraphrased from the following sponsor statement: Senate Bill 55 provides a solution to the backlog of cases at the Court of Appeals. Since 2014, more criminal appeals are being filed than are being decided. This has led to a mounting backlog that is increasingly difficult to resolve. The Court of Appeals is composed of three judges. These judges work diligently and maintain a heavy workload, but unheard cases just keep accumulating. A long delay before criminal appeals are decided is not acceptable for crime victims, the general public, attorneys, or defendants. Senate Bill 55 enables the Court of Appeals to hear cases in a timely manner. This legislation would grant the Chief Justice authority to appoint an individual to act as a Court of Appeals judge at the pleasure of the supreme court for no longer than three years to address the backlog. As we focus on public safety, it is essential that we also equip the courts to hear cases as they are brought forth. Thank you for your consideration of this important legislation. He said in 2013, the backlog of cases ready for judicial review was approximately 50 cases per judge. An appellate court judge issue about 50 decisions per year. In 2018, the number of cases assigned to judges rose to about 90 cases per judge. Although judges currently issue significantly more decisions per year, the rate of cases has increased to the point that the judges cannot keep up. 3:00:36 PM SENATOR WILSON provided the following sectional analysis for SB 55: Section 1: Amends AS 22.07.010 to provide an exception for an additional court of appeals judge under AS 22.07.070(c) [Page 1, lines 1-6]. Section 2: Conforming amendment to remove the exception for an additional court of appeals judge after a three-year period [Page 1, lines 7-10]. Section 3: Adds a new subsection, AS 22.07.070 (c), to allow the chief justice of the supreme court to appoint acting court of appeals judges as needed to serve for no longer than three years. An acting court of appeals judge must meet the qualifications established under AS 22.07.404. Section 4: Repeals AS 22.07.070(c) after a three-year period. Section 5: Adds a revisors instruction directing the revisor of statutes to change the catch line of AS 22.07.070 from "Vacancies" to "Selection of court of appeals judges". Section 6: Establishes that sections 2 and 4 of this act will take effect on July 1, 2022. 3:02:09 PM CHAIR HUGHES pointed out that the fiscal note allows for one judge. She asked for further clarification if only one judge is currently needed because the bill read "as many judges as needed to serve." She asked whether only one judge would be needed to solve the backlog. SENATOR WILSON answered yes, that he worked in consultation with the Alaska Court System, who indicated the court would request one temporary judge. CHAIR HUGHES asked for further clarification on where the judge would be located. SENATOR WILSON answered that he did not know. However, the three judges meet together in one location. He envisioned one judge would rotate off the bench to focus on writing briefs and decisions. 3:03:28 PM CHAIR HUGHES asked how this would this impact public safety. She further asked how many of the cases were criminal cases as opposed to civil cases. SENATOR WILSON deferred to the Alaska Court System to respond. 3:03:40 PM SENATOR KIEHL related his understanding that there would be a series of three judge panels. He explained the practice of pro tem district court judge to serve as a superior court judge is for a specific period of time. These judges are ones who are vetted by the Alaska Judicial Council, appointed by the governor, and accountable to the public through a retention vote. He asked whether this appointment process would skip those steps. SENATOR WILSON answered that this would be similar to the existing statute to provide a "temporary judge" to serve on the district court, similar to the process to provide a pro tem judge to serve on the Superior Court. He highlighted his goal is not to circumvent the permanent judicial appointment, but to be a one-time temporary appointment. 3:05:11 PM SENATOR KIEHL offered the key distinction of the Alaska Court of Appeals is that it acts as the court of record and sets precedent with its opinion. This would be different than a temporary appointment to the district court, he said. He cautioned that the lack of accountability gives him concern. 3:05:52 PM SENATOR WILSON answered that this was not an attempt to circumvent the process, but to allow the court of appeals an opportunity to address its backlog as a temporary solution to an ongoing problem. The [Alaska Supreme Court] chief justice would make the decision, he said. 3:06:38 PM SENATOR REINBOLD expressed the same concern as Senator Kiehl raised. She acknowledged that the Constitution of the State of Alaska allows the chief justice to appoint a judge to serve temporarily but argued that three years seemed like a long time. She cautioned that this bill seemed to circumvent the system, but she was willing to continue the conversation. CHAIR HUGHES asked whether the sponsor would be open to add in an appointment and confirmation process. SENATOR WILSON said he is amenable to the committee's desires. However, the appellate court cases are not ones easily solved in a short amount of time. The appellate court carefully deliberates on its cases. He thought the three-year period was reasonable, noting it was less than a district court judge's term. 3:08:30 PM SENATOR SHOWER asked the court system to weigh in as to whether a shorter timeframe might be more amenable. 3:08:54 PM SENATOR MICCICHE said he had anticipated that the fiscal notes for crime bills would provide an analysis of how every aspect of the court system would operate more smoothly. He wondered whether the crime package would address a comprehensive analysis of the court system. SENATOR WILSON explained that he introduced SB 55 to reinforce and enhance the system, given that the legislature and administration have been working to revise the criminal justice system. 3:10:48 PM CHAIR HUGHES remarked that the ACS was the first to assist with the large fiscal gap. 3:11:25 PM NANCY MEADE, General Counsel, Administrative Offices, Alaska Court System (ACS), Anchorage, stated that the sponsor approached the Alaska Court System with a bill, which she said would provide welcome relief due to the court system's backlog. She explained that at the trial court level, the agency would hire a pro tem judge to handle criminal trials. The appellate court judges also have a backlog of criminal cases, which are either sentence appeals or merit appeals, she said. The Alaska Supreme Court meets annually to consider budget requests. The fourth judge contemplated in this bill was on the ASC's list of potential budget requests or statutory changes. However, the ASC decided to focus solely on the budget, she said. She said adding the fourth judge would be helpful. 3:13:22 PM CHAIR HUGHES related her understanding that the Alaska Court System was not opposed to adding a fourth judge, but the request had been prioritized at a lower level. MS. MEADE answered yes. 3:13:35 PM CHAIR HUGHES asked for the reason for the increase in cases. MS. MEADE answered that it is hard to pinpoint the reason. However, each criminal trial decision can be appealed. The number of criminal convictions has risen. The number of cases referred to the Alaska Court of Appeals rises in synch with the number of guilty convictions. The backlog was also related to recent vacancies, including that a series of vacancies on the court of appeals occurred, which she briefly detailed. Although the court of appeals is currently stable, having a fourth judge would be helpful, she said. 3:15:23 PM CHAIR HUGHES related that as crime increases, more offenders are found guilty and it results in a spike in cases. 3:15:43 PM SENATOR KIEHL asked for further clarification on whether the ASC had considered adding an additional temporary or permanent judge to serve on the Alaska Court of Appeals. MS. MEADE answered that the Alaska Supreme Court had considered a number of options, including having a superior court judge serve pro tem on the Alaska Court of Appeals. Although this process has worked for several years, when a judge retired, it left a gap on the superior court. 3:16:58 PM SENATOR SHOWER asked if the Court of Appeals would like to have a permanent fourth judge. MS. MEADE recalled that the ASC did not come to any real conclusion. In response to Chair Hughes, she offered to consult with the court and report back to the committee on the ASC's view of having a permanent fourth appellate judge. 3:18:13 PM SENATOR MICCICHE asked whether the proposed judge pro tem serves as a contract judge or if he/she would receive benefits. MS. MEADE explained that this would be staffed with a three-year employee, who would receive the same salary and Public Employees Retirement System Benefits, but not the judicial retirement system benefits. Since the judge would not go through the judicial council process, the individual would not be entitled to judicial retirement, she said. 3:18:58 PM SENATOR MICCICHE asked whether the pro tem judge would be paid on a contractual basis without benefits. MS. MEADE answered that the salaries and benefits for pro tem judges and acting judges are handled differently. This bill would allow the Alaska Supreme Court to appoint an acting judge. Th Alaska Supreme Court would appoint a practicing attorney with substantial experience to fill the position as per the statute Senator Wilson previously referenced. However, a pro tem judge is selected through the Alaska Judicial Council process or is someone who currently serves as a judge, she said. It is possible to "pro tem" a superior court judge to serve on the Alaska Court of Appeals, which is a process the court system currently uses. Further, pro tem judges could also be retired judges or justices who continue to take specific assignments with the court. These judges would be paid on a daily basis by court rule. 3:20:15 PM CHAIR HUGHES asked whether it would be difficult to find someone to serve for a temporary three-year position or if it would present a barrier. MS. MEADE said that she discussed this with the Alaska Supreme Court. The court thought that there would be considerable interest in filling the position. 3:20:43 PM CHAIR HUGHES opened public testimony and after first determining no one wished to testify, closed public testimony on SB 55. [SB 55 was held in committee.]