Legislature(2025 - 2026)GRUENBERG 120
03/27/2025 03:15 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB58 | |
| HB35 | |
| HB16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 16 | TELECONFERENCED | |
| += | HB 104 | TELECONFERENCED | |
| + | HB 58 | TELECONFERENCED | |
| + | HB 35 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 58-OPA: PUBLIC ADVOCATE APPOINTMENT
3:18:38 PM
CHAIR CARRICK announced that the first order of business would
be HOUSE BILL NO. 58, "An Act relating to the office of public
advocacy; and relating to the public advocate."
3:19:11 PM
REPRESENTATIVE ZACH FIELDS, Alaska State Legislature, as prime
sponsor, presented HB 58. He said that he introduced the
proposed bill when a constituent who had worked in the Office of
Public Advocacy (OPA) explained that the selection of the head
of OPA is very different from the selection process of the
Alaska Public Defender Agency (PDA), despite having similar
functions and work and many of the same types of legal cases.
He opined that work associated with OPA was even more complex.
He said the bill objective is to make the selection process of
the director of OPA analogous to the selection process of the
public defender in PDA. He commented that this probably should
have been done 40 years ago. He clarified that the bill is not
intended to criticize the current director of OPA but was
intended to create a structural fix to the selection process.
REPRESENTATIVE FIELDS explained that OPA was established in 1984
by a bill that was put forward by the governor at the time.
This office was established to provide legal advocacy and
guardianship to vulnerable Alaskans. He said that often PDA and
OPA are required to hire outside counsel in cases that involve a
conflict of interest. He remarked that OPA provides crucial
services for children, vulnerable individuals, and represents
clients in a variety of civil and criminal matters. This
includes advocacy for abused and neglected children, as well as
protective proceedings regarding guardianship for incapacitated
adults. He reaffirmed that OPA plays a role in these types of
cases when a public defender can have a conflict of interest.
REPRESENTATIVE FIELDS reiterated that OPA was established in
1984 whereas PDA was formed in 1969. He explained that PDA
provides constitutionally mandated legal representation to
vulnerable clients, including legal representation in criminal
cases. When looking at the work of both OPA and PDA, the scope
of OPA's work is broader, but both agencies are essential for
providing constitutionally required legal representation.
REPRESENTATIVE FIELDS explained that both agencies are similar
in that they are both government agencies that provide legal
services under the Department of Administration (DOA). They
both serve vulnerable Alaskans and, in some cases, represent
clients in the same case. He noted that OPA provides these
services to youth and elderly individuals. However, despite
these similarities, the process for selecting each office's
director differs substantially.
REPRESENTATIVE FIELDS explained that the public defender is
appointed by the governor from a list of two or more candidates
nominated by the Judicial Council. The prospective appointee is
subject to confirmation by members of the Alaska State
Legislature and serves a term of four years before
reappointment. He noted that the governor may remove the public
defender at any time. In contrast, the OPA director, though
also appointed by the governor, is not subject to confirmation
or term limits. However, like the public defender, the OPA
director may be removed at the governor's discretion.
REPRESENTATIVE FIELDS, in conclusion, said that the selection
processes for the two agencies differ, despite overlapping
services provided by OPA and PDA. He reiterated that the OPA
arguably has an even broader scope of practice.
CHAIR CARRICK announced the committee would hear invited
testimony.
3:23:41 PM
BRANT MCGEE, Independent Law Practice Professional, began
invited testimony in support of HB 58. He said he was the first
public advocate, appointed in 1984, and served at OPA until
2003. He stated that the proposed legislation corrects a
mistake dating back to the agency's creation in 1984. He added
that adopting the same selection process as that of PDA is
appropriate and expressed uncertainty about why it was never
aligned.
MR. MCGEE explained that there were three reasons to accommodate
the proposed changes to the appointment process in OPA. First,
it would address potential conflicts of interest. Second, OPA
can serve as the entity responsible for accountability. Third,
the position does not involve policymaking or policy
implementation. He noted that OPA's responsibilities are
established by statute in the U.S. and Alaska Constitutions. He
urged the committee to take these three reasons into
consideration when evaluating the proposed legislation.
3:28:33 PM
SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council,
Alaska Court System, began invited testimony on HB 58 by
explaining that the council was established in Article 4 of the
Alaska State Constitution and its members include both lawyers
and non-lawyers who are appointed without regard to political
affiliation since the council is a nonpartisan body.
MS. DIPIETRO explained that the Alaska Judicial Council has
several constitutional and statutory duties. She explained that
one important duty would be the council's statutory duty to
screen and nominate applicants to the position of public
defender. She said that as Representative Fields had mentioned,
the intent of the bill is to use the same nomination procedures
for OPA as currently conducted with PDA.
MS. DIPIETRO discussed the process of nominating a public
defender. First is the announcement of a vacancy, followed by
solicitations from applicants. She said this is widely
publicized; a letter is sent out to every lawyer in the state;
press releases are put out; and information is posted on the
Alaska Judicial Council's website. She said that this is a 5-
week application process and included a 27-page application that
asked for previous employers, education, legal experience,
trial-practice experience, and any references that were
previously affiliated with their work. They are also required
to provide waivers to allow the council access to their
confidential personnel files and their confidential bar-
discipline records. At the close of this application process,
the Alaska Judicial Council publicizes the names of people who
have applied, and an electronic survey is sent to every member
of the bar who may have had direct experience with the
applicants to rate applicant qualifications. She said
applicants are rated on several qualities that the council has
found to be critical to these types of positions. These include
legal ability, temperament, impartiality, fairness, integrity,
and overall performance. The results of the survey are posted
on the council's website for everyone to see.
MS. DIPIETRO said that during the application process, council
staff are investigating all the information that the applicants
provided. Contact is made to each legal employer that the
person has worked for and requests feedback about their
performance. The council also contacts references and other
people who have been involved in litigation with the applicant;
this could involve co-counsel, opposing council, or even as a
judge in the case. These affiliates are asked to answer a
questionnaire providing detailed feedback about the applicant's
performance.
MS. DIPIETRO said that the Alaska Judicial Council also conducts
criminal-records checks, credit-history checks, and looks
through those personnel files and bar-discipline files, and does
other investigations as needed. Importantly, the council
members listen to public comments throughout the process.
MS. DIPIETRO said that the council holds a public hearing on the
applicants and a 45-minute interview is held for each applicant.
Following the interviews, the council nominates the most
qualified individuals in the group. She said the criteria used
to determine "most qualified" include professional competence,
diligence and administrative skills, integrity, fairness,
temperament, judgement, common sense, legal and life experience,
commitment, demonstrated commitment to the public and community
service and a demonstrated commitment to equal justice and the
legal needs of all communities in Alaska.
MS. DIPIETRO noted that at least two individuals are nominated
for later confirmation processes and only the most qualified
among the applicants were candidates following application
procedures.
3:34:30 PM
REPRESENTATIVE HOLLAND said he recalled a lot of these details
from previous discussions in the House Community and Regional
Affairs Standing Committee. He asked whether there were any
changes to the proposed legislation since those previous
discussions.
3:35:05 PM
REPRESENTATIVE FIELDS responded that there had been no changes
to the bill.
3:35:20 PM
COURTNEY OWEN, Staff, Representative Zack Fields, Alaska State
Legislature, on behalf of Representative Fields, prime sponsor,
gave the sectional analysis for HB 58 [included in the committee
file], 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
"public 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.
3:38:34 PM
CHAIR CARRICK announced that HB 58 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 16 Version A Sponsor Statement.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 16 |
| HB0016A.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 16 |
| HB 16 Version A Sectional Analysis.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 16 |
| HB 16 Fiscal Note DOA-APOC-3-21-2025.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 16 |
| HB 16 Support LTR Alaska Voter Hub.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 16 |
| HB 16 Written Testimony Rec'd 3-26-25.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 16 |
| HB 16 Presentation 3-27-25 UPDATED.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 16 |
| CS HB 35 Sponsor Statement - Version G 3.13.25.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 35 |
| CS HB 35 Sectional Analysis - Version G 3.13.25.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 35 |
| CS HB 35 CRA Ver G.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 35 |
| CS HB 35 - Version G Explanation of Changes 3.13.25.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 35 |
| HB 35 Presentation ARP 3-27-25.pdf |
HSTA 3/27/2025 3:15:00 PM |
HB 35 |