Legislature(2021 - 2022)BUTROVICH 205
05/07/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB109 | |
| SJR7 | |
| SJR5 | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 109 | TELECONFERENCED | |
| += | SJR 6 | TELECONFERENCED | |
| += | SJR 5 | TELECONFERENCED | |
| += | SJR 7 | TELECONFERENCED | |
| + | SB 39 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 109-EXTEND BAR ASS'N BOARD OF GOVERNORS
1:35:38 PM
CHAIR HOLLAND announced the consideration of HOUSE BILL NO. 109,
"An Act extending the termination date of the Board of Governors
of the Alaska Bar Association; and providing for an effective
date."
[This is the second hearing. The bill was previously heard on
5/5/21, and public testimony was opened and closed.]
1:36:15 PM
DANIELLE BAILEY, Executive Director, Alaska Bar Association,
Anchorage, Alaska, reported on the actions taken by the Board of
Governors of the Alaska Bar at its meeting yesterday. The board
created a subcommittee to consider whether to increase the
mandatory continuing legal education (CLE). According to Bar
Rule 62, the Board of Governors cannot change the bar rules.
Instead, the Alaska Supreme Court (ASC) must make those changes.
The Board of Governors circulates a rule change to membership,
publishes it the Alaska Bar Association's publication, the Bar
Rag, then the Board of Governors discusses any public comment
received. Following the public comment period, the board can
submit the rule proposal to the Alaska Supreme Court.
MS. BAILEY offered her belief that this audit was a little
different than the last sunset audit eight years ago. At that
time, the board created a Mandatory Continuing Legal Education
Committee to poll membership. The Bar Association membership
voted against increasing mandatory continuing legal education
(CLE) hours. The board decided not to poll the Bar Association
membership on mandatory CLE this year. Instead, it formulated a
plan to increase mandatory CLE hours. The committee presented
its recommendations to the Board of Governors. Yesterday, the
board established a subcommittee to begin the process to
potentially forward a new proposal to address mandatory CLE to
the Alaska Supreme Court.
1:38:48 PM
SENATOR HUGHES pointed out that the Board of Governors is
empowered to approve and recommend rule changes to the Alaska
Supreme Court and adopt bylaws and regulations. Referring to the
recent sunset audit, she asked if the number of continuing legal
education credits would fall under a rule rather than bylaws and
regulations.
MS. BAILEY responded that is correct. She said that Bar Rule 65
outlines the number of mandatory continuing legal education
(CLE) credits for bar members.
SENATOR HUGHES noted the sunset audit was dated June 9, 2020.
She asked why the board is just now meeting to make that
decision and why the process was not started last summer.
MS. BAILEY answered that the next board meeting was scheduled
for October 20, 2020. The board established a CLE committee to
make recommendations to the board. This committee has met three
times since October 2020. The CLE committee sent a proposal to
the Board of Governors, which was received at yesterday's
meeting. She said the board immediately established a
subcommittee to look into this matter.
1:40:55 PM
SENATOR HUGHES asked how often the Board of Governors meets. She
expressed concern about the 11-month lapse before the
subcommittee was set up. She asked whether the board could
create a workgroup between meetings to address concerns such as
mandatory CLEs.
MS. BAILEY responded that the Board of Governors meets four
times per year, although the board sometimes meets for special
meetings. Since the legislative auditor just released its report
this summer, the board first wanted to hear expertise from the
subcommittee.
1:41:52 PM
SENATOR HUGHES pointed out that 44 other states require
significantly more continuing legal education (CLE) than Alaska.
1:42:13 PM
BEN HOFMEISTER, President, Board of Governors, Alaska Bar
Association, Alaska Court System, Anchorage, Alaska, explained
that the board received the legislative sunset audit report
[Audit Control Number 41-20119-20] in June 2020. The Board of
Governors filed a response, indicating the board would address
the mandatory CLE matter. He assured members that the board was
working on this issue. The recommendations provided several
options for consideration. The Board of Governors wanted a
subcommittee to consider all options rather than have the 12-
voting member board make the decision. He emphasized that Alaska
requires more mandatory CLE for ethics than all other states.
Although some states require three hours of ethics continuing
education training, those states spread the requirements out
over three years. Alaska requires continuing legal ethics
education every year. Of course, Alaska could do more, he said.
He assured members the Board of Governors wants to keep Alaskans
safe. Thus, the board will forward its recommendations to the
Alaska Supreme Court, but it must consider options first.
1:44:36 PM
SENATOR HUGHES offered her appreciation for the attention to
ethics. However, Alaskans spend significant income on legal
fees, so it's important to assure them that the profession is
doing its best. She reported that the sunset audit indicates the
board met 18 times in three years, which on average is 6 times
per year. She expressed concern that the audit identified 7 of 9
public meetings were not public noticed on its website. Further,
6 of 9 board agendas did not specifically provide for public
comment. While she understood the mandatory CLEs might not apply
to some legal practices, 44 states have more mandatory CLE
requirements than Alaska. She stated her goal is to have
Alaskans well served.
1:46:15 PM
SENATOR KIEHL commented that he spoke to several attorneys who
did not oppose increasing mandatory CLE. However, these
attorneys indicated they would like more CLE topics relevant to
their practices. He said that adding variety would likely
dissipate any concern that attorneys have about adding
additional requirements.
1:47:02 PM
REPRESENTATIVE MATT CLAMAN, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 109, stated that it might be helpful for
the board or staff to provide the options the CLE Committee
referred to the Board of Governors since those considerations
slowed the board's process down.
1:47:35 PM
MS. BAILEY replied that one option was to increase the mandatory
CLEs for ethics since the primary continuing legal education
focus should be ethics. The committee attributed the state's
lowest complaints per attorney to the current requirements for
ethics mandatory CLEs. Another proposal was not to change the
current mandatory CLE requirements, although the subcommittee
may provide the board with other options.
1:48:52 PM
SENATOR SHOWER offered that 8 years is a long time between
reviews. While he said he is glad the Board of Governors will
consider continuing education requirements and options, the
committee should consider reducing the time for the next audit
review.
1:51:42 PM
SENATOR KIEHL pointed out that the auditor has recommended that
the board be extended for eight years. He suggested a better
approach to change timeframes would be to change the auditor's
parameters in AS 08.03.020 since it will affect all boards.
[HB 109 was held in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR7_A.2.pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 7 |
| SJR7_A.1.pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 7 |
| SJR 5 Amendment Package (SJUD).pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 5 |
| SJR 5 Legal memo.pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 5 |
| SJR 7 Attorney General Opinion.pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 7 |
| SJR 5 Amendment 7.pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 5 |
| SJR 7 legal opinion.pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 7 |
| SJR 5 Legal Memo 2.pdf |
SJUD 5/7/2021 1:30:00 PM |
SJR 5 |