03/11/2025 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

            HB  58-OPA: PUBLIC ADVOCATE APPOINTMENT                                                                         
                                                                                                                                
9:13:30 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  HIMSCHOOT announced  that the  final order  of business                                                               
would be  HOUSE BILL NO.  58, "An Act  relating to the  office of                                                               
public advocacy; and relating to the public advocate."                                                                          
                                                                                                                                
9:13:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZACK  FIELDS, Alaska  State Legislature,  as prime                                                               
sponsor, presented HB  58.  He paraphrased  the sponsor statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     The  Office of  Public  Advocacy (OPA)  was created  in                                                                    
     1984  by  the  Alaska   Legislature  to  provide  legal                                                                    
     advocacy  and   guardianship  services   to  vulnerable                                                                    
     Alaskans.  Before OPA,  the court  system acted  as the                                                                    
     public  guardian for  low-income clients  and appointed                                                                    
     private  attorneys  when  the  Public  Defender  Agency                                                                    
     (PDA)  had a  conflict  of interest.  The PDA  provides                                                                    
     court-appointed  legal  representation as  required  by                                                                    
     the  Constitution. Both  OPA and  PDA are  part of  the                                                                    
     Department of Administration.                                                                                              
                                                                                                                                
     Initially,    OPA    was   responsible    for    public                                                                    
     guardianship, guardian  ad litem (GAL)  services, legal                                                                    
     representation   for    low-income   individuals,   and                                                                    
     supporting  private   guardians  and   conservators  in                                                                    
     accessing   necessary   services.  Over   time,   OPA's                                                                    
     responsibilities   have   grown    to   include   legal                                                                    
     representation  and  GAL  services in  cases  involving                                                                    
     termination of parental  rights, children testifying in                                                                    
     criminal     proceedings,      juvenile     delinquency                                                                    
     proceedings,  protective   orders  for   minors,  elder                                                                    
     fraud, and other areas.                                                                                                    
                                                                                                                                
     Today, OPA  and PDA  operate as  separate law  firms of                                                                    
     comparable   size,  yet   their  leadership   selection                                                                    
     processes  differ  significantly. The  Alaska  Judicial                                                                    
     Council nominates  candidates for PDA  Director (Public                                                                    
     Defender),  from which  the Governor  chooses. However,                                                                    
     the Public Advocate (OPA  Director) position lacks this                                                                    
     initial vetting  process by  the Council,  despite both                                                                    
     positions   requiring  substantial   legal  experience.                                                                    
     Additionally, the  Public Defender has a  term limit of                                                                    
     at least  four years, while the  Public Advocate serves                                                                    
     at  the  pleasure  of  the   Commissioner  and  can  be                                                                    
     terminated at any time.                                                                                                    
                                                                                                                                
     House Bill  58 would make  the selection of  the Public                                                                    
     Advocate analogous  with that  of the  Public Defender.                                                                    
     The bill aims to  standardize the nomination process to                                                                    
     ensure  stability  and  continuity  in  this  important                                                                    
     agency.                                                                                                                    
                                                                                                                                
9:18:29 AM                                                                                                                    
                                                                                                                                
COURTNEY OWENS,  Staff, Representative Zack Fields,  Alaska State                                                               
Legislature, on  behalf of Representative Fields,  prime sponsor,                                                               
presented  the sectional  analysis  for HB  58  [included in  the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 1:  Amends AS 13.26.750(a), changing  the title                                                                    
     from  "COMMISSIONER   OF  ADMINISTRATION"   to  "public                                                                    
     advocate."                                                                                                                 
                                                                                                                                
     Section 2:  Amends AS 36.30.305(a), changing  the title                                                                    
     from  "DIRECTOR OF  THE OFFICE  OF PUBLIC  ADVOCACY" to                                                                    
     "public advocate."                                                                                                         
                                                                                                                                
     Section  3: Amends  AS  36.30.850(b)(31), changing  the                                                                    
     title from "DIRECTOR OF THE  OFFICE OF PUBLIC ADVOCACY"                                                                    
     to "public advocate."                                                                                                      
                                                                                                                                
     Section  4:   Amends  AS   44.21.400  to   read:  (with                                                                    
     reference to the "public advocacy office")                                                                                 
     "The office is administered by the public advocate."                                                                       
                                                                                                                                
     Section  5: Amends  AS 44.21  by adding  a new  section                                                                    
     that reads:                                                                                                                
                                                                                                                                
          "Sec.44.21.405.    Appointment,    removal,    and                                                                    
          vacancy."                                                                                                             
                                                                                                                                
          Subsection  (a) directs  the  governor to  appoint                                                                    
          the  public advocate  for a  term  of four  years,                                                                    
          from  persons nominated  by  the judicial  council                                                                    
          and subject to majority confirmation by the joint                                                                     
          legislature.  Retention  of  the  public  advocate                                                                    
          requiring only similar legislative approval.                                                                          
                                                                                                                                
          Subsection (b)  lays out  the removal  process for                                                                    
          the  public   advocate,  a   power  held   by  the                                                                    
          governor, who  need only  submit a  report stating                                                                    
          the  reasons and  notify  the  legislature of  the                                                                    
          report within  10 days after the  convening of the                                                                    
          regular session.                                                                                                      
                                                                                                                                
          Subsection   (c)   required  eligibility   entails                                                                    
          acquiring admittance to practice  law in the State                                                                    
          of Alaska.                                                                                                            
                                                                                                                                
          NOTE:  This mirrors  the  existing Sec.  44.21.430                                                                    
          (requiring  employees   of  the   public  advocacy                                                                    
          office  to  be licensed  to  practice  law in  the                                                                    
          State of Alaska.                                                                                                      
                                                                                                                                
          Subsection  (d) during  vacancy, the  governor has                                                                    
          discretionary  authority  to  appoint  an  "acting                                                                    
          public   advocate"  and   the  joint   duty  (with                                                                    
          judicial council)  to fill the vacancy  as soon as                                                                    
          possible.                                                                                                             
                                                                                                                                
     Section  6:  Amends  AS 44.21.410(a)(7),  changing  the                                                                    
     title from "COMMISSIONER  OF ADMINISTRATION" to "public                                                                    
     advocate."                                                                                                                 
                                                                                                                                
     Section 7:  Amends AS 44.21.410(b), changing  the title                                                                    
     from   "COMMISSIONER  OF   ADMINISTRATON"  to   "public                                                                    
     advocate" (and under  (b)(1): "COMMISSIONER" to "public                                                                    
     advocate").                                                                                                                
                                                                                                                                
     Section 8:  Amends AS 44.21.415(c), changing  the title                                                                    
     from "COMMISSIONER" to "public advocate."                                                                                  
                                                                                                                                
     Section 9:  Amends AS 44.21.415(e), changing  the title                                                                    
     from  "COMMISSIONER   OF  ADMINISTRATION"   to  "public                                                                    
     advocate."                                                                                                                 
                                                                                                                                
     Section  10: Amends  AS 44.21.420,  changing the  title                                                                    
     from "COMMISSIONER OF  ADMINISTRATON" in subsection (a)                                                                    
     and  "COMMISSIONER"  in  subsections  (b),  &  (c),  to                                                                    
       ublic advocate."                                                                                                         
                                                                                                                                
     Section 11: The  uncodified law of the  State of Alaska                                                                    
     is   amended  by   adding   a   new  section,   titled:                                                                    
     "TRANSITION" and to read:                                                                                                  
                                                                                                                                
          Subsection  (a): Provides  for  the continuity  of                                                                    
          all   orders,   regulations,  contracts,   rights,                                                                    
          liabilities  and obligations  issued, created,  or                                                                    
          adopted  by  the  predecessor  to  the  envisioned                                                                    
          public     advocate    (the     commissioner    of                                                                    
          administration)  and   by  the   pre-existing  law                                                                    
          changed by this bill.                                                                                                 
                                                                                                                                
          Subsection  (b): Provides  for  the continuity  of                                                                    
          governance by allowing  the individual employed as                                                                    
          the director  of the office of  public advocacy on                                                                    
          the day before  the effective date of  this Act to                                                                    
          serve as  the public  advocate until  the governor                                                                    
          appoints a new public advocate.                                                                                       
                                                                                                                                
CO-CHAIR  HIMSCHOOT   sought  questions   from  members   of  the                                                               
committee.                                                                                                                      
                                                                                                                                
9:22:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLLAND asked whether,  beyond harmonizing the two                                                               
processes,  the process  for selecting  the public  defender (PD)                                                               
could be improved as well.                                                                                                      
                                                                                                                                
REPRESENTATIVE  FIELDS said  he  is not  aware  of feedback  from                                                               
former PDs or Office of  Public Advocacy (OPA) directors who have                                                               
suggested that.                                                                                                                 
                                                                                                                                
9:23:45 AM                                                                                                                    
                                                                                                                                
BRANT MCGEE, former public advocate  (PA), gave invited testimony                                                               
on HB  58.   He said the  bill would correct  a mistake  that was                                                               
made 41  years ago.  He  listed three reasons for  supporting the                                                               
bill:  the  position is  not  a  policy position  and  therefore,                                                               
should  not  be subject  to  supervision  or direction  from  the                                                               
administration;  it  resolves  a   formal  conflict  of  interest                                                               
because  the  PA represents  opposing  parties  to the  State  of                                                               
Alaska in both criminal defense and  child in need of aide (CINA)                                                               
proceedings;  and its  good government  because it  could provide                                                               
public accountability for otherwise secret proceedings.                                                                         
                                                                                                                                
9:29:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked how the proposed  change would resolve                                                               
the conflict of  interest and be considered good  government.  He                                                               
expressed  concern  that  the  bill  would  grant  "extraordinary                                                               
authority" compared to other positions.                                                                                         
                                                                                                                                
MR. MCGEE explained that OPA  is analogous to the Public Defender                                                               
Agency  (PDA) and  should be  an independent  agency representing                                                               
individual Alaskans who  are often opposing parties  to the State                                                               
of Alaska  in legal proceedings.   He said  the reason the  PD is                                                               
selected through  the Alaska  Judicial Council  is to  allow [the                                                               
PDA] to operate independent from political authority.                                                                           
                                                                                                                                
9:31:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asserted that  Mr. McGee's  experience would                                                               
indicate  that   the  OPA  already  runs   independent  from  the                                                               
administration's influence.  He  maintained his uncertainty as to                                                               
how the bill would address a problem.                                                                                           
                                                                                                                                
MR.  MCGEE  characterized  his tenure  as  "series  of  miracles"                                                               
because  he  was  able  to   ignore  the  political  pressure  he                                                               
experienced.   He  opined that  the position  should be  formally                                                               
protected from  political pressure because  of the nature  of the                                                               
agency's role  and the  PA should be  able to  operate completely                                                               
independently  without looking  over their  shoulder for  fear of                                                               
displeasing the administration.                                                                                                 
                                                                                                                                
9:34:54 AM                                                                                                                    
                                                                                                                                
SUSANNE  DIPIETRO, Executive  Director, Alaska  Judicial Council,                                                               
Alaska  Court System  (ACS), gave  invited  testimony during  the                                                               
hearing on  HB 58.   She described  the process of  screening and                                                               
nominating  candidates for  the  PD.   Applicants are  rigorously                                                               
investigated  and   vetted  with  extensive   background  checks,                                                               
performance  reviews, credit  and  criminal  history checks,  and                                                               
public input.   After an  interview with each candidate  and much                                                               
deliberation, the  council makes a  public vote and  nominates at                                                               
least two of the most qualified individuals.                                                                                    
                                                                                                                                
9:39:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  noted that the Alaska  Judicial Council is                                                               
established in Section  8, Article 4 of  the Alaska Constitution.                                                               
He clarified  that the issue  was brought forward by  someone who                                                               
worked for OPA and is not  a criticism of the current director or                                                               
the administration.                                                                                                             
                                                                                                                                
9:41:59 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HIMSCHOOT announced that HB 58 would be held over.