05/13/2025 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

            HB  58-OPA: PUBLIC ADVOCATE APPOINTMENT                                                                         
                                                                                                                                
1:53:58 PM                                                                                                                    
CHAIR MERRICK reconvened the meeting and announced the                                                                          
consideration  of HOUSE  BILL  NO.  58 "An  Act  relating to  the                                                               
office of public advocacy; and relating to the public advocate."                                                                
                                                                                                                                
1:54:15 PM                                                                                                                    
COURTNEY OWEN, Staff, Representative Zack Fields, Alaska State                                                                  
Legislature, Juneau, Alaska, paraphrased the sponsor statement                                                                  
for HB 58:                                                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                    HB 58 Sponsor Statement                                                                                   
                                                                                                                                
     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.                                                                                                                    
                                                                                                                                
1:57:45 PM                                                                                                                    
CHAIR MERRICK announced invited testimony on HB 58.                                                                             
                                                                                                                                
1:58:00 PM                                                                                                                    
SUSANNE  DIPIETRO, Executive  Director,  Alaska Judicial  Council                                                               
(AJC),  Anchorage, Alaska,  described  the process  by which  the                                                               
Alaska Judicial  Council (AJC)  screens and  nominates applicants                                                               
for the  Public Defender position.  She shared  her understanding                                                               
that Section 5  of HB 58 would apply a  similar screening process                                                               
and  similar  criteria  to  the  Public  Advocate  position.  She                                                               
described the Public Defender screening process as follows:                                                                     
                                                                                                                                
        1. AJC announces the vacancy                                                                                            
             • Announcement is sent to all members of the                                                                       
               Alaska Bar Association                                                                                           
        2. 5-week application period                                                                                            
            • Extensive application form (27 pages)                                                                             
             • Gathers information on the applicant's                                                                           
               education,  legal experience,  trial practice                                                                    
               experience, references,  judges and attorneys                                                                    
               who   can    provide   feedback    on   their                                                                    
               performance in cases,  waivers provide access                                                                    
               to the applicant's confidential personnel                                                                        
               file                                                                                                             
        3. AJC sends a survey to members of the Alaska Bar                                                                      
          Association                                                                                                           
             • Survey asks for comment from those who have                                                                      
               direct professional experience with the                                                                          
               applicant                                                                                                        
             • Comments are related to the applicant's                                                                          
               qualifications in the following categories:                                                                      
                  • Legal ability                                                                                               
                  • Judicial temperament                                                                                        
                  • Experience                                                                                                  
                  • Integrity                                                                                                   
                  • Overall suitability for the position.                                                                       
             • Survey results are tabulated and published                                                                       
               for public viewing                                                                                               
                                                                                                                                
2:00:08 PM                                                                                                                    
MS. DIPIETRO continued to describe the Public Defender screening                                                                
process:                                                                                                                        
                                                                                                                                
        4. AJC staff performs an investigation, contacting                                                                      
          all real employers for detailed feedback on                                                                           
          candidate's performance. This includes a credit                                                                       
          history.                                                                                                              
        5. Public comment hearing (public can submit                                                                            
          additional comments at any time during the                                                                            
          application process).                                                                                                 
        6. AJC  interviews   applicants   (interviews   last                                                                    
          roughly 45 minutes per applicant)                                                                                     
        7. AJC deliberates and nominates the most qualified                                                                     
          applicants.                                                                                                           
             • AJC must nominate two individuals (and may                                                                       
               nominate more than two).                                                                                         
        8. These nominees are forwarded to the governor.                                                                        
                                                                                                                                
MS. DIPIETRO reiterated her understanding that AJC would have a                                                                 
similar (if not identical) process for the Public Advocate                                                                      
position.                                                                                                                       
                                                                                                                                
2:01:58 PM                                                                                                                    
CHAIR MERRICK opened public testimony on HB 58; finding none,                                                                   
she closed public testimony.                                                                                                    
                                                                                                                                
2:02:17 PM                                                                                                                    
CHAIR MERRICK held HB 58 in committee.                                                                                          
                                                                                                                                
2:02:38 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Merrick adjourned the Senate Community and Regional                                                                       
Affairs Standing Committee meeting at 2:02 p.m.