Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/15/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: Commission on Judicial Conduct | |
| HB11 | |
| HB15 | |
| HB75 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 83 | TELECONFERENCED | |
| + | HB 11 | TELECONFERENCED | |
| + | HB 75 | TELECONFERENCED | |
| + | HB 15 | TELECONFERENCED | |
HB 11-NO INTERNET ACCESS TO SOME CRIM. CASES
1:49:57 PM
VICE CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 11. "An Act restricting the publication of
certain records of criminal cases on a publicly available
Internet website; and providing for an effective date."
BARBARA BARNES, Staff, Representative Tammie Wilson, introduced
HB 11, reading from the following sponsor statement:
"Every person is presumed innocent until proven
guilty". HB 11 directs the Alaska Court System to
remove from its public internet website records of
criminal cases that were acquitted of all charges, by
dismissal of all charges, or by acquittal of some
charges and dismissal of remaining charges after 60
days have elapsed from the date of acquittal or
dismissal of the case.
CourtView, the Alaska Trial Courts online publicly
accessible database, provides access for persons
seeking information on the status of criminal and
civil cases, the nature of criminal charges filed
against persons, and the final outcome of litigation.
Court View forever shows the arrest and charging
documents for persons who were never convicted,
allowing society to scrutinize any individual, for any
reason, and socially chastise the innocent. In spite
of CourtView user warnings, that a charge is not to be
considered a conviction, this public posting of a
person's name and charges can have dire consequences
on the individual's livelihood and inherent liberties.
From housing to employment prospects, the innocent are
socially judged guilty by the very presence of their
names on CourtView regardless of the outcome of the
case.
By very definition, a person is not a criminal if
acquitted at trial, or if their case is dismissed by
the courts. In American jurisprudence, we are
considered innocent until proven guilty. HB 11
champions this principle. We ask that Alaskans who
have not been found guilty of any wrong doing be given
the right to emancipation of social distrust and
inherent prejudices.
1:53:04 PM
VICE CHAIR COGHILL asked Ms. Meade to comment on whether or not
case files would be confidential and if the court could meet the
60-day deadline.
1:53:40 PM
NANCY MEADE, General Counsel, Administrative Staff, Alaska Court
System, clarified that the Court System is neutral on HB 11. She
confirmed that under the wording of this bill, case files would
be public, not confidential. The bill directs the Court System
to remove the cases from CourtView within 60 days of disposition
of the case, and that can be done. The court believes it can
comply with the legislative intent to do it retroactively,
although there may be some glitches in that piece, she said.
VICE CHAIR COGHILL asked the sponsor's staff if the information
that was removed from CourtView would be available through a
records search at the courthouse.
MS. BARNES replied that's correct.
VICE CHAIR COGHILL asked Ms. Meade how someone would access
those paper files at the courthouse after they had been removed
from the website.
MS. MEADE replied the court is working on the process. Initially
they were thinking that people could go to one of the 40 some
courthouses and submit a request for the clerk to look up those
dismissed and acquitted cases. The other alternative is for the
court to create a third portal on CourtView that would be
available at courthouses so a citizen could look up somebody by
their last name and find something more than is on the public
version. They haven't figured out how to do that yet, or if
that's the best option, but they will before the effective date.
VICE CHAIR COGHILL asked if it will impose a financial burden on
the Court System to create the third portal.
MS. MEADE replied the Court System submitted a zero fiscal note
with the knowledge that it would require staff time and perhaps
actual dollars to comply with the bill.
1:58:08 PM
SENATOR MICCICHE asked how often someone who is convicted of
domestic violence is found to have a long track record of
dismissals and acquittals.
MS. MEADE replied she didn't know how often that happens, but
she understands the concern. Some people would not have anything
on CourtView yet they may have had cases filed against them that
ended in dismissal or acquittal for some reason or another. She
recalled that concern was voiced last year.
SENATOR MICCICHE said he wanted it clear for the record that
acquittals and dismissals would still be available at the
courthouse.
MS. MEADE confirmed that was correct.
SENATOR COSTELLO asked what recourse people would have if they
didn't have a courthouse in their community.
MS. MEADE explained that courthouses are spread throughout the
state so that every community has access to a court. For
example, the court in Palmer serves Big Lake and the Bethel
court serves the community of Eek. People that want to do
research under this bill would have to go to the courthouse that
serves their community.
SENATOR MICCICHE asked if someone could request the records
telephonically.
MS. MEADE responded that the Court System doesn't offer that
service as a regular practice because of staffing limitations,
but the court does exercise a rule of reason.
VICE CHAIR COGHILL invited the sponsor to comment.
REPRESENTATIVE TAMMIE WILSON, sponsor of HB 11, described the
bill as a "happy in between" of former Senator Dyson's bill.
That bill would have sealed all the records whereas HB 11
directs the court to remove records of criminal cases from
CourtView [60 days] after a criminal case is acquitted or
dismissed, but that information is still available at the
courthouse.
SENATOR MICCICHE opined that it's important that the information
is still available. He described the bill as a fair compromise.
SENATOR COSTELLO asked how other states address this issue.
REPRESENTATIVE WILSON said she couldn't find anything similar to
this when she researched county records.
VICE CHAIR COGHILL asked Ms. Meade to address the question.
2:06:48 PM
MS. MEADE said there is a broad spectrum of thinking about what
is appropriate to post online and it's handled in a variety of
ways. Some courts post every document while others exclude
family and criminal law. The Alaska Court System favors public
court records, although there has to be a balance. If this is
the policy call of the legislature, the court will follow it.
2:08:40 PM
SENATOR MICCICHE moved to report SSHB 11 from committee with
individual recommendations and attached zero fiscal note.
VICE CHAIR COGHILL announced that without objection CSSSHB
11(JUD) AM is reported from the Senate Judiciary Standing
Committee.