SB 36: "An Act relating to the public defender agency; relating to the office of public advocacy; and establishing the Alaska Public Counsel Commission."
00 SENATE BILL NO. 36 01 "An Act relating to the public defender agency; relating to the office of public advocacy; 02 and establishing the Alaska Public Counsel Commission." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.85.020 is amended to read: 05 Sec. 18.85.020. Administration. The public defender agency is administered 06 by the Alaska Public Counsel Commission [PUBLIC DEFENDER]. 07 * Sec. 2. AS 18.85.020 is amended by adding a new subsection to read: 08 (b) The executive director of the Alaska Public Counsel Commission may 09 make recommendations to the commissioner of administration regarding regulations 10 that the commission considers necessary to implement AS 18.85.020 - 18.85.180. 11 * Sec. 3. AS 18.85.030 is amended to read: 12 Sec. 18.85.030. Appointment and term. The Alaska Public Counsel 13 Commission [GOVERNOR] shall appoint the public defender from among two or 14 more persons nominated for that position by the judicial council. [THE
01 APPOINTMENT IS SUBJECT TO CONFIRMATION BY MAJORITY OF THE 02 MEMBERS OF THE LEGISLATURE IN JOINT SESSION.] The public defender 03 shall serve a term of six [FOUR] years. [IF THE GOVERNOR DECIDES TO 04 RETAIN THE PUBLIC DEFENDER FOR ANOTHER TERM, THE GOVERNOR 05 NEED NOT CALL FOR NOMINATIONS FROM THE JUDICIAL COUNCIL; 06 HOWEVER, THE RETENTION MUST BE APPROVED BY A MAJORITY OF 07 THE MEMBERS OF THE LEGISLATURE IN JOINT SESSION.] 08 * Sec. 4. AS 18.85.040 is amended to read: 09 Sec. 18.85.040. Removal. The public defender is subject to removal by the 10 Alaska Public Counsel Commission [GOVERNOR] for good cause. If the public 11 defender is removed, the Alaska Public Counsel Commission [GOVERNOR] shall 12 submit to the legislature a report stating the reasons for removal. The report shall be 13 submitted within 10 days after the action has been taken if the legislature is in session, 14 or if the legislature is not in session, within 10 days after the convening of the next 15 regular or special session. 16 * Sec. 5. AS 18.85.050 is amended to read: 17 Sec. 18.85.050. Vacancy. If the position of public defender becomes vacant 18 for any reason, the Alaska Public Counsel Commission [GOVERNOR] may appoint 19 an acting public defender to serve until the commission appoints a new public 20 defender [REGULAR APPOINTMENT PROCEDURES] under AS 18.85.030 [ARE 21 COMPLIED WITH]. The Alaska Public Counsel Commission [GOVERNOR] and 22 the judicial council shall act under AS 18.85.030 as soon as possible after a [THE] 23 vacancy occurs. A person appointed under that section to fill a vacancy begins a new 24 six-year [FOUR-YEAR] term. 25 * Sec. 6. AS 18.85.090 is amended to read: 26 Sec. 18.85.090. Agency staff. The public defender, in consultation with the 27 executive director of the Alaska Public Counsel Commission, may appoint and 28 remove assistant public defenders, clerks, investigators, stenographers, and other 29 employees the public defender considers necessary to enable the public defender to 30 carry out the responsibilities of the public defender, subject to existing appropriations. 31 Each person appointed to a subordinate position established by the public defender is
01 under the supervision and control of the public defender. 02 * Sec. 7. AS 18.85.090 is amended by adding a new subsection to read: 03 (b) An employee of the agency is in the partially exempt service and is entitled 04 to a monthly salary equal to a step in the same range of the salary schedule in 05 AS 39.27.011(a) that a person employed by the Department of Law in a similar 06 position and with equivalent experience and job duties receives. 07 * Sec. 8. AS 33.07.020 is amended to read:. 08 Sec. 33.07.020. Duties of commissioner; pretrial services. The commissioner 09 shall 10 (1) appoint and make available to the superior court and district court 11 qualified pretrial services officers; 12 (2) fix pretrial services officers' salaries; 13 (3) assign pretrial services officers to each judicial district; 14 (4) provide for the necessary supervision, training, expenses, including 15 clerical services, and travel of pretrial services officers; 16 (5) approve a risk assessment instrument that is objective, 17 standardized, and developed based on analysis of empirical data and risk factors 18 relevant to pretrial failure, that evaluates the likelihood of failure to appear in court 19 and the likelihood of rearrest during the pretrial period, and that is validated on the 20 state's pretrial population; and 21 (6) adopt regulations in consultation with the Department of Law, the 22 Alaska Public Counsel Commission [PUBLIC DEFENDER], the Department of 23 Public Safety, the office of victims' rights, and the Alaska Court System, consistent 24 with this chapter and as necessary to implement the program; the regulations must 25 include a process for pretrial services officers to make a recommendation to the court 26 concerning a pretrial release decision and guidelines for pretrial diversion 27 recommendations. 28 * Sec. 9. AS 39.25.120(c)(7) is amended by adding a new subparagraph to read: 29 (R) Alaska Public Counsel Commission. 30 * Sec. 10. AS 44.21.410(b) is amended to read: 31 (b) The executive director of the commission [COMMISSIONER OF
01 ADMINISTRATION] may 02 (1) make recommendations to the commissioner of administration 03 regarding [ADOPT] regulations that the commission [COMMISSIONER] considers 04 necessary to implement AS 44.21.400 - 44.21.470; 05 (2) report on the operation of the office of public advocacy when 06 requested by the governor or legislature or when required by law; 07 (3) solicit and accept grants of funds from governments and from 08 persons, and allocate or restrict the use of those funds as required by the grantor. 09 * Sec. 11. AS 44.21.410 is amended by adding new subsections to read: 10 (d) The commission shall appoint a public advocate to administer the office of 11 public advocacy. The commission shall appoint the public advocate from among two 12 or more persons nominated for that position by the judicial council. The public 13 advocate shall serve a term of six years. A person is not eligible to be the public 14 advocate unless admitted to the practice of law in this state. 15 (e) The commissioner of administration may adopt regulations to implement 16 AS 44.21.400 - 44.21.470. 17 * Sec. 12. AS 44.21 is amended by adding new sections to read: 18 Sec. 44.21.412. Removal. The public advocate is subject to removal by the 19 commission for good cause. If the public advocate is removed, the commission shall 20 submit to the legislature a report stating the reasons for removal. The report shall be 21 submitted within 10 days after the action has been taken if the legislature is in session, 22 or if the legislature is not in session, within 10 days after the convening of the next 23 regular or special session. 24 Sec. 44.21.414. Vacancy. If the position of public advocate becomes vacant 25 for any reason, the commission may appoint an acting public advocate to serve until 26 the commission appoints a new public advocate under AS 44.21.410(d). The 27 commission and the judicial council shall act under AS 44.21.410(d) as soon as 28 possible after a vacancy occurs. A person appointed under AS 44.21.410(d) to fill a 29 vacancy begins a new six-year term. 30 * Sec. 13. AS 44.21.415(c) is amended to read: 31 (c) In addition to the functions described in [UNDER] (a) and (b) of this
01 section, the office of elder fraud and assistance shall provide information, referrals, 02 and other assistance to older Alaskans who are victims of fraud and make 03 recommendations to the commission [COMMISSIONER] for regulations on 04 eligibility for assistance needed to implement this section. 05 * Sec. 14. AS 44.21.420 is amended to read: 06 Sec. 44.21.420. Employment of office personnel. (a) The public advocate, in 07 consultation with the executive director of the commission, [COMMISSIONER OF 08 ADMINISTRATION] may employ guardians ad litem, public guardians, clerical staff, 09 and other assistants that the public advocate [COMMISSIONER] determines are 10 needed to perform the duties set out in AS 44.21.410. Employees under this subsection 11 are in the classified service under AS 39.25.100. 12 (b) The public advocate [COMMISSIONER OF ADMINISTRATION] may 13 employ attorneys needed to perform the duties set out in AS 44.21.410. Attorneys 14 employed by the public advocate [COMMISSIONER OF ADMINISTRATION] in 15 the office of public advocacy are in the partially exempt service under AS 39.25.120. 16 (c) The public advocate [COMMISSIONER] may contract with attorneys to 17 provide legal representation, and with other persons to provide guardian ad litem 18 services, as needed to perform the duties set out in AS 44.21.410. The public 19 advocate [COMMISSIONER] may determine the rate of compensation for contractual 20 services, taking into account the time involved, the skill and experience required, and 21 other pertinent factors. 22 * Sec. 15. AS 44.21.470 is amended to read: 23 Sec. 44.21.470. Definitions [DEFINITION]. In AS 44.21.410 - 44.21.470 24 [AS 44.21.410 - 44.21.460], 25 (1) "commission" means the Alaska Public Counsel Commission 26 established in AS 44.21.600; 27 (2) "volunteer guardian ad litem" means a court-appointed special 28 advocate (CASA). 29 * Sec. 16. AS 44.21 is amended by adding new sections to read: 30 Article 9. Alaska Public Counsel Commission. 31 Sec. 44.21.600. Alaska Public Counsel Commission established. The Alaska
01 Public Counsel Commission is created in the Department of Administration. 02 Sec. 44.21.610. Powers and duties. (a) The commission shall 03 (1) elect one of its members as presiding officer; 04 (2) develop and implement policies to ensure defense services 05 provided by the Public Defender Agency and the office of public advocacy serve the 06 needs of indigent persons; 07 (3) oversee defense services provided by the Public Defender Agency 08 and the office of public advocacy for indigent persons to ensure 09 (A) the public defense function, including the selection, 10 funding, and payment of defense counsel, is independent; 11 (B) active participation by the Public Defender Agency or the 12 office of public advocacy and members of the Alaska Bar Association when 13 caseloads are high; 14 (C) clients are screened for eligibility and counsel is assigned 15 and notified of appointment as soon as feasible after arrest, detention, or 16 request for counsel; 17 (D) counsel is provided sufficient time and confidential space 18 to meet clients; 19 (E) counsel's workload is managed to provide for quality 20 representation; 21 (F) counsel's ability, training, and experience match the 22 complexity of a case; 23 (G) parity between defense counsel and the prosecution with 24 respect to resource allocation; 25 (H) counsel is provided, and required to attend annual training 26 to meet continuing legal education requirements under AS 08.08.082; and 27 (I) counsel is supervised and reviewed for quality and 28 efficiency according to national and adopted standards; 29 (4) adopt standards relating to reviewing the quality and efficiency of 30 attorney work product; 31 (5) establish qualification and training standards for attorneys in the
01 Public Defender Agency and the office of public advocacy; 02 (6) in coordination with the Department of Law, establish a uniform 03 method for counting cases; and 04 (7) approve and submit an annual budget to the Department of 05 Administration, the legislature, and the governor. 06 (b) The commission shall appoint a public defender to supervise the Public 07 Defender Agency in accordance with AS 18.85.030 and appoint a public advocate to 08 supervise the office of public advocacy in accordance with AS 44.21.410(d). 09 (c) The commission may make recommendations to the Alaska Bar 10 Association for the adoption of Alaska Bar Rules relating to qualification and training 11 standards for public defense attorneys. 12 (d) The commission may not 13 (1) make any decision regarding the handling of any individual case; 14 (2) have access to the contents of any case file; or 15 (3) interfere with the executive director, public defender, or public 16 advocate, or any member of the staff of the executive director, public defender, or 17 public advocate, in carrying out professional duties involving the legal representation 18 of clients. 19 Sec. 44.21.620. Membership, terms, vacancies, and disqualification. (a) The 20 commission consists of 21 (1) three members appointed by the governor, two of whom must be an 22 attorney and one of whom must be a member of an organization that advocates on 23 behalf of people with addictive behavior; 24 (2) three members appointed by the chief justice of the supreme court, 25 two of whom must be an attorney and one of whom must be a member of an 26 organization that advocates on behalf of racial minorities; 27 (3) three members jointly appointed by the senate president and the 28 speaker of the house, two of whom must be an attorney and one of whom must be a 29 member of an organization that advocates on behalf of people with mental illnesses. 30 (b) The term of office of a member appointed under (a) of this section is three 31 years, to be served in staggered terms. The appointing authority shall fill a vacancy on
01 the commission for the unexpired term by appointment within 60 days after the 02 occurrence of the vacancy. The appointing authority may not appoint more than one 03 member from the same judicial district. 04 (c) A person who is employed as a judicial officer, prosecutor, public 05 defender, office of public advocacy attorney, or member of law enforcement may not 06 be appointed as a member of the commission. 07 (d) A member may be removed for cause by the appointing authority. 08 (e) A person may not serve on the commission unless the person has 09 significant experience acting in defense of indigent persons or has significant 10 experience with issues related to defense of indigent persons. 11 (f) Members of the commission receive no compensation, but are entitled to 12 per diem and travel expenses authorized for boards and commissions under 13 AS 39.20.180. 14 Sec. 44.21.630. Executive director. (a) The commission may appoint an 15 executive director as the commission's executive officer. The executive director shall 16 serve a term of six years. The executive director shall aid the commission in the 17 development and implementation of policies. 18 (b) The executive director may be removed for cause by two-thirds vote of the 19 members of the commission. If the executive director is removed, the commission 20 shall submit to the legislature a report stating the reasons for removal. The report shall 21 be submitted within 10 days after the action has been taken if the legislature is in 22 session, or if the legislature is not in session, within 10 days after the convening of the 23 next regular or special session. 24 (c) The executive director, in coordination with the commission, the public 25 defender, and the public advocate, shall prepare and submit an annual budget to the 26 commission. 27 (d) The executive director is in the partially exempt service and is entitled to a 28 monthly salary equal to a step in the same range of the salary schedule in 29 AS 39.27.011(a) that a person employed by the Department of Law in a similar 30 position and with equivalent experience and job duties receives. 31 Sec. 44.21.690. Definition. In AS 44.21.600 - 44.21.690, "commission" means
01 the Alaska Public Counsel Commission established under AS 44.21.600. 02 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION. (a) Notwithstanding AS 18.85.030, as amended by sec. 3 of this Act, 05 AS 44.21.410(d), enacted by sec. 11 of this Act, and AS 44.21.630, enacted by sec. 16 of this 06 Act, the Alaska Public Counsel Commission shall designate from among the commission's 07 appointments to the positions of public defender, public advocate, and executive director of 08 the commission one to a two-year term, one to a four-year term, and one to a six-year term. 09 (b) Notwithstanding AS 44.21.620(b), enacted by sec. 16 of this Act, the governor, 10 the chief justice of the supreme court, and the senate president and the speaker of the house of 11 representatives jointly shall each appoint the initial members under AS 44.21.620, enacted by 12 sec. 16 of this Act, of the Alaska Public Counsel Commission established under 13 AS 44.21.600, enacted by sec. 16 of this Act, to staggered terms as follows: 14 (1) one member each to serve a one-year term; 15 (2) one member each to serve a two-year term; and 16 (3) one member each to serve a three-year term. 17 (c) Nothing in this Act alters the status of a case assigned to the Public Defender 18 Agency or the office of public advocacy before the effective date of this Act. 19 (d) Notwithstanding AS 33.07.020, as amended by sec. 8 of this Act, a regulation 20 enacted before the effective date of this Act remains in effect unless amended or repealed.