Legislature(2025 - 2026)BUTROVICH 205
01/27/2025 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 1 | TELECONFERENCED | |
SB 1-CIVIL LEGAL SERVICES FUND
1:31:45 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 1
"An Act relating to appropriations to the civil legal services
fund."
CHAIR CLAMAN said this is the first hearing of SB 1 in the
Senate Judiciary Committee. He invited the bill sponsor to put
himself on record and begin his presentation.
1:32:08 PM
SENATOR FORREST DUNBAR, District J, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 1, stated a like bill, Senate Bill
104, was heard by the Senate Judiciary Committee in the previous
legislature. SB 1 increases the statutory funding for Alaska
Legal Services Corporation (ALSC). ALSC is the number one
provider of free legal services to domestic violence survivors
in Alaska. It provides civil legal services to low-income
individuals. He said Senate Bill 104 passed the Senate
unanimously last year and hopes SB 1 passes this year.
1:33:28 PM
ARIELLE WIGGIN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 1 on behalf of the sponsor.
[Original punctuation provided.]
SECTIONAL ANALYSIS
SB 104: CIVIL LEGAL SERVICES FUND
Section 1: amends AS 37.05.590 Civil Legal Services
Fund so that up to twenty-five percent, instead of ten
percent, of Court System filing fees can be
appropriated by the Legislature to the existing Civil
Legal Services Fund each year.
1:33:51 PM
SENATOR TOBIN questioned why Section 1 amends AS 37.05.590 to
read 25 percent rather than 50 percent or another percentage.
SENATOR DUNBAR expressed his belief that the initial intent was
25 percent and through legislative compromise was lowered to 10
percent. He expressed uncertainty why that specific amount was
originally targeted and deferred to Ms. Humm for clarification.
1:34:26 PM
CHAIR CLAMAN referred the question to Ms. Humm, requesting that
she address the question under "invited testimony."
1:34:46 PM
CHAIR CLAMAN announced invited testimony on SB 1.
1:35:11 PM
MAGGIE HUMM, Executive Director, Alaska Legal Services
Corporation, Anchorage, Alaska, gave invited testimony on SB 1.
ALSC is a nonprofit law firm that has provided comprehensive and
free civil legal aid to low-income Alaskans for almost 60 years.
She explained the work ALSC performs and the challenges it
faces.
MS. HUMM explained that civil legal aid must be adequately
funded, pointing out that:
- Unlike in criminal cases, individuals are not entitled to
attorneys in civil matters.
- Both the state and federal constitutions guarantee due process
and equal protection under the law. However, the civil legal
justice system is facing a justice crisis because there is a
significant gap between those who can identify and get help
for their civil legal needs and those who cannot.
- The Federal Legal Services Corporation revealed that low-
income Americans do not receive sufficient legal help for
almost all, 92 percent, of their civil legal problems. The
consequences of not having civil legal help can be
devastating. It can result in lost income and livelihoods,
health care, housing, and jeopardize personal safety.
1:36:33 PM
MS. HUMM shared the following story to explain the type of work
ALSC does and the issues that SB 1 addresses. She said the name
in the following story was changed to protect the individual's
identity:
Beth is an elderly domestic violence survivor from a
rural village. After her doctor recognized signs of
abuse, she was referred to ALSC for help. With the
assistance of an ALSC attorney, Beth secured a one-
year domestic violence protective order, ensuring her
safety. In addition to the protective order, the
attorney helped Beth resolve an estate case and
execute a will. With her legal matters resolved and
safety measures in place, Beth was able to safely
return to her home village.
MS. HUMM said that ALSC offices and the statewide intake unit
receive requests for help from people just like Beth every day.
ALSC has nearly 60 staff, a vast network of volunteers who help
structure limited resources, and a statewide footprint of 12
regional offices. She said the Alaska Legal Services Corporation
is innovating to move the needle forward on addressing the
justice crisis. ALSC setup the first of its kind, in the nation,
training and resource center. This center trains community
members, who are not lawyers, to provide targeted civil legal
assistance. She said that there is nationwide interest in this
approach to closing the justice gap, and to developing a network
of community justice workers. Multiple states, including Texas
and Arizona, are either actively in the process of replicating
this model or looking to it as a solution to close their own
justice gap.
1:38:09 PM
MS. HUMM reported that in state fiscal year 2024, ALSC services:
- Provided direct representation in over 6,200 cases across more
than 204 communities.
- Focused on Alaska's most vulnerable, including survivors of
domestic violence and sexual assault, seniors, and individuals
with disabilities.
- Were the sole provider of lawyers and advocates delivering
this type of assistance in the areas where it operated.
- Stabilized households in crisis, preventing problems upstream.
MS. HUMM said that ALSC services have a measurable financial
impact on communities. An independent study, commissioned in
2012, found that ALSC services provided a five to one return on
investment. Annually, ALSC brings almost $18 million in economic
benefits to communities statewide. She qualified these
statistics, stating they are in 2012 numbers.
1:39:03 PM
MS. HUMM explained ALSC had to turn away hundreds of families
with compelling needs who sought help last year. It lacked the
resources to help. On average, ALSC turns away one family or
individual for each one served. The target population grows each
year and funding does not keep pace. She said that state funding
is nearly half of what it was 40 years ago, but the poverty
population has tripled.
MS. HUMM informed the committee that SB 1 pertains to a critical
funding source for the corporation, the civil legal services
fund. She explained how the civil legal services fund operates
currently:
- At the legislature's discretion, it is funded by a 50 percent
share of the state's civil punitive damage awards.
- Additionally, up to 10 percent of the Alaska Court System
filing fees collected in the most recent fiscal year is
allocated to the fund.
MS. HUMM explained that the availability of funds is dependent
on Alaska Court System filing fees and punitive damage awards,
causing the amount collected to vary. Since its inception over
15 years ago, funds fluctuated from $110,000 to $0 to $360,000.
In FY 2024, $296,400 was appropriated. SB 1 proposes to increase
the portion of court system filing fees allocated to 25 percent,
which would have amounted to approximately $741,000 for the
current fiscal year. ALSC estimates that for every additional
$100,000, it can help 182 more Alaskans.
1:40:51 PM
MS. HUMM sought clarification on a question pertaining to court
system filing fee percentages and whether the number stated was
"50" percent.
CHAIR CLAMAN replied that is correct.
MS. HUMM expressed her understanding that initially ALSC
requested 25 percent. However, legislation passed in 2018
approved ten percent. Prior to 2018, the legislature only
collected funds derived from punitive damage awards. She said
punitive damages often totaled zero dollars; punitive damage
awards often bore no fruit. She said that ALSC asked the
legislature to amend its funding source to include 25 percent of
court filing fees. The legislature negotiated the percentage
down to 10 percent with a promise to revisit the amount. She
said that ALSC has followed up on this subject for many years,
asking for 25 percent. She said the amount could be 50 percent,
stating the amount appropriated is not keeping pace with the
rising cost of providing services and the increased demand of
services. Fifty percent would cover the cost of providing
services better. She said the proposal is 25 because that is
what it has been for the last several years.
MS. HUMM reiterated that there is an extraordinary need for
critical civil legal services that ALSC cannot meet alone. The
passage of SB 1 would promote fairness and equal access to the
justice system and help protect more vulnerable Alaskans. She
expressed appreciation to the committee for their time and
consideration of SB 1.
1:42:47 PM
SENATOR TOBIN asked with whom the 10, 25, and 50 percent figures
were negotiated.
CHAIR CLAMAN recalled that the legislation was initially
introduced at 25 percent. He said that during legislative
discussions, one consideration was the figure which could
realistically pass. There was agreement to move the bill forward
at 10 percent. He stated that this decision was communicated to
the Alaska Legal Services Corporation. He said that ALSC was
happier at ten percent than zero. He clarified that ALSC was not
actively involved in the negotiations; rather, advocates within
the legislature reached a compromise.
1:44:16 PM
SENATOR STEVENS referenced a statistic that for each one served,
ALSC turns one away. He asked how ALSC determines whom to serve
and whom to turn away.
MS HUMM replied this is an excellent question that ALSC staff
navigate every day, and she listed some factors that are
considered:
- Board of Directors.
The board of directors sets ALSC priorities. The organization
functions within that set of priorities for helping its
communities.
- The Day-to-Day Resources Available in an ALSC Office.
Resources vary from office to office. She explained whether an
individual is served may depend on the workload of that
particular office.
- Income and Asset Screening.
Federal regulation requires ALSC to screen for income and
assets and other eligibility factors.
1:45:49 PM
MS. HUMM said that these and other eligibility criteria
determine who receives services. She explained that even
individuals with high-priority cases who meet financial and
other eligibility requirements are sometimes turned away due to
the full caseload of a particular office. She noted that while
ALSC has rolling applications and always completes an intake,
there are times when a case handler or office is too busy to
take on a new case.
1:46:47 PM
CHAIR CLAMAN opened public testimony on SB 1; finding none, he
closed public testimony.
1:47:25 PM
CHAIR CLAMAN discussed the differences in the screening process
used by large firms that provide pro bono services. He explained
that for-profit firms evaluate cases based on three key factors:
- The strengths and weaknesses of the case.
- The client's ability to pay.
- In contingent fee cases, the at-fault party's ability to pay
damages.
CHAIR CLAMAN noted that while the strength of the case is a
significant consideration, the client's financial situation or
the potential recovery amount plays a lesser role in the
analysis.
1:48:51 PM
CHAIR CLAMAN solicited the will of the committee.
1:48:55 PM
SENATOR KIEHL moved to report SB 1, work order 34-LS0004/A, from
committee with individual recommendations and attached fiscal
note(s).
1:49:12 PM
CHAIR CLAMAN found no objection and SB 1 was reported from the
Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 1 version A.pdf |
SJUD 1/27/2025 1:30:00 PM |
SB 1 |
| SB 1 Sponsor Statement 1.23.25.pdf |
SJUD 1/27/2025 1:30:00 PM |
SB 1 |
| SB 1 Sectional Analysis Version A 1.23.25.pdf |
SJUD 1/27/2025 1:30:00 PM |
SB 1 |
| SB 1 Supporting Document - ALSC Fact Sheet January 2025.pdf |
SJUD 1/27/2025 1:30:00 PM |
SB 1 |
| SB 1 Letters of Support.pdf |
SJUD 1/27/2025 1:30:00 PM |
SB 1 |
| SB 1 Letters of Support received as of 1.27.2025.pdf |
SJUD 1/27/2025 1:30:00 PM |
SB 1 |
| SB 1 Fiscal Note DCCED-DCRA 1.24.25.pdf |
SJUD 1/27/2025 1:30:00 PM |
SB 1 |