02/22/2006 02:30 PM House JUDICIARY

HB 486 - DISQUALIFYING JUDGES/JURORS FROM CASES                                                                               
                                                                                                                                
3:06:14 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  final order of  business would                                                               
be HOUSE BILL  NO. 486, "An Act relating  to the disqualification                                                               
of  judicial  officers  and  jurors;  relating  to  the  rule  of                                                               
necessity;  and amending  Rules  42(c) and  47,  Alaska Rules  of                                                               
Civil Procedure."                                                                                                               
                                                                                                                                
3:06:59 PM                                                                                                                    
                                                                                                                                
DOUG  WOOLIVER,  Administrative Attorney,  Administrative  Staff,                                                               
Office  of  the  Administrative  Director,  Alaska  Court  System                                                               
(ACS),  questioned  what  problem  HB  486  seeks  to  fix.    He                                                               
expressed concern with  regard to how broadly  the legislation is                                                               
drafted, particularly  with regard  to the sections  amending the                                                               
rule that  says, "if no  other judge is  available to act  in the                                                               
matter".    He  clarified  that  he  wasn't  clear  whether  that                                                               
language  refers to  the judge's  unavailability for  a specified                                                               
time.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG  interjected  that  the  aforementioned                                                               
concern  was also  brought forth  by the  drafter, and  therefore                                                               
will  require  some  attention.   Representative  Gruenberg  then                                                               
related that  the purpose  of HB  486 is  to address  the problem                                                               
raised  by  State  v.  Amerada  Hess, et  al.  1  JU-77-847  Civ.                                                             
(Superior Court, First  Judicial District).  He  recalled when it                                                               
was determined that  one can't be disqualified from  sitting in a                                                               
case merely because one receives a permanent fund dividend.                                                                     
                                                                                                                                
MR. WOOLIVER stated that there is a court rule to that effect.                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  explained that he wanted  to codify the                                                               
common law  rule of necessity,  which states  that if no  one can                                                               
hear a case, no one is disqualified.   He said he would work with                                                               
Mr. Wooliver on the drafting.                                                                                                   
                                                                                                                                
3:09:06 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE recalled that this  issue arose after the committee                                                               
heard  legislation  relating  to  the  percent  of  market  value                                                               
(POMV).                                                                                                                         
                                                                                                                                
[HB 486 was held over.]