03/29/2017 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB5 | |
| Confirmation Hearings | |
| SB29 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 15 | TELECONFERENCED | |
| *+ | SB 29 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 5 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 29, 2017
1:33 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Kevin Meyer
Senator Pete Kelly
MEMBERS ABSENT
Senator Bill Wielechowski
COMMITTEE CALENDAR
SENATE BILL NO. 5
"An Act prohibiting groups controlled by a legislator from
soliciting and accepting contributions or from making certain
contributions and expenditures during a regular or special
legislative session; and prohibiting some lobbyists from making
campaign contributions to certain groups."
- MOVED CSSB 5(JUD) OUT OF COMMITTEE
CONFIRMATION HEARINGS
Commission on Judicial Conduct
Donald William McClintock
Jeannine Jabaay
Melanie Rose Bahnke
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 29
"An Act repealing the Workers' Compensation Appeals Commission;
relating to decisions and orders of the Workers' Compensation
Appeals Commission; relating to superior court jurisdiction over
appeals from Alaska Workers' Compensation Board decisions;
repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of
Appellate Procedure, and amending Rules 202(a), 204(a) - (c),
210(e), 601(b), and 603(a), Alaska Rules of Appellate Procedure;
and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 15
"An Act relating to possession of an electronic smoking product
or a product containing nicotine by a minor and to selling or
giving an electronic smoking product to a minor; relating to
business license endorsements to sell cigarettes, cigars,
tobacco, products containing tobacco, electronic smoking
products, or products containing nicotine; and relating to
citations for certain offenses concerning tobacco or nicotine
products."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 5
SHORT TITLE: POLITICAL CONTRIBUTION LIMITS/PROHIBITION
SPONSOR(s): MEYER
01/09/17 (S) PREFILE RELEASED 1/9/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) STA, JUD
01/31/17 (S) STA AT 3:30 PM BUTROVICH 205
01/31/17 (S) Heard & Held
01/31/17 (S) MINUTE(STA)
02/09/17 (S) STA AT 3:30 PM BUTROVICH 205
02/09/17 (S) Moved CSSB 5(STA) Out of Committee
02/09/17 (S) MINUTE(STA)
02/10/17 (S) STA RPT CS 3DP 2NR SAME TITLE
02/10/17 (S) DP: EGAN, COGHILL, GIESSEL
02/10/17 (S) NR: DUNLEAVY, WILSON
02/15/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/15/17 (S) Heard & Held
02/15/17 (S) MINUTE(JUD)
03/29/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 29
SHORT TITLE: REPEAL WORKERS' COMP APPEALS COMMISSION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/20/17 (S) READ THE FIRST TIME - REFERRALS
01/20/17 (S) L&C, JUD, FIN
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) Heard & Held
02/28/17 (S) MINUTE(L&C)
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/02/17 (S) Moved SB 29 Out of Committee
03/02/17 (S) MINUTE(L&C)
03/03/17 (S) L&C RPT 1DP 3NR
03/03/17 (S) NR: COSTELLO, HUGHES, MEYER
03/03/17 (S) DP: GARDNER
03/29/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
EDRA MORLEDGE, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an explanation of Amendment 1 to SB
5 on behalf of the sponsor.
HEATHER HEBDON, Executive Director
Alaska Public Offices Commission
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Commented on Amendment 1 to SB 5.
ALPHEUS BULLARD, Attorney
Legislative Legal Services
Legislative Affairs Agency
Alaska State Legislature
POSITION STATEMENT: Provided information and answered questions
regarding the language in Amendment 1 to SB 5.
DONALD WILLIAM MCCLINTOCK, Appointee
Commission on Judicial Conduct
Anchorage, Alaska
POSITION STATEMENT: Testified as an appointee to the Commission
on Judicial Conduct.
JEANNINE JABAAY, Appointee
Judicial Conduct Council
Hope, Alaska
POSITION STATEMENT: Testified as an appointee to the Commission
on Judicial Conduct.
MELANIE BAHNKE, Appointee
Commission on Judicial Conduct
Nome, Alaska
POSITION STATEMENT: Testified as an appointee to the Commission
on Judicial Conduct.
HEIDI DRYGAS, Commissioner
Department of Labor and Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: Introduced SB 29 on behalf of the
administration.
MARIE MARX, Director
Division of Workers' Compensation
Department of Labor and Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: Delivered a sectional analysis for SB 29.
KIMBER RODGERS, Assistant Attorney General
Civil Division
Labor and State Affairs Section
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 29.
NANCY MEADE, General Counsel;
Deputy Administrative Director
Administrative Services
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Provided the Court System perspective of SB
29.
ACTION NARRATIVE
1:33:26 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Costello, Meyer, Kelly, and Chair Coghill.
He reviewed the agenda.
SB 5-POLITICAL CONTRIBUTION LIMITS/PROHIBITION
1:34:27 PM
CHAIR COGHILL announced the consideration of CSSB 5(STA). He
noted that this is the second hearing and there is a proposed
amendment from Senator Meyer.
1:34:49 PM
SENATOR MEYER moved Amendment 1, labeled 30-LS0112\U.2, for SB
5].
CHAIR COGHILL objected for an explanation.
1:35:15 PM
EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State
Legislature, explained that Amendment 1 for SB 5 addresses the
concern that the Alaska Public Offices Commission did not have
sufficient direction to determine when a political action group
is controlled by a legislator. She read the following amendment
to highlight where the changes appear:
30-LS0112\U.2
Bullard
3/29/17
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR MEYER
TO: CSSB 5(STA)
Page 1, line 1:
Delete "groups controlled by a legislator"
Insert "certain groups"
Page 1, line 7:
Delete "controlled by"
Insert "that makes expenditures or receives
contributions with the authorization or consent,
express or implied, or under the control, direct
or indirect, of a person who is"
Page 2, line 1, following "that":
Insert "makes expenditures or receives
contributions"
Page 2, line 2:
Delete "is controlled by"
Insert "with the authorization or consent,
express or implied, or under the control, direct
or indirect, of"
Page 2, line 6:
Delete "makes expenditures or receives
contributions"
Page 2, line 24:
Delete "controlled by"
Insert "that makes expenditures or receives
contributions with the authorization or consent,
express or implied, or under the control, direct
or indirect, of a person who is"
1:37:40 PM
CHAIR COGHILL listed the individuals available to answer
questions.
SENATOR MEYER requested Ms. Hebdon comment on the amendment.
1:38:35 PM
HEATHER HEBDON, Executive Director, Alaska Public Offices
Commission, Department of Administration (DOA), Anchorage,
Alaska, said she had not seen the amendment but the language
appears to come directly from the definition of a candidate
under AS 15.13.400. She said the only concern is that the
commission has previously interpreted that specific provision in
a way that would conflict with what appears to be the intent of
SB 5. "I think this bill would most likely make that clear to
exactly what 'controlled by' means, but that's our only
concern."
SENATOR MEYER asked if the definition helps or is in conflict.
MS. HEBDON replied the commission has considered matters of a
"controlled group" regarding when contribution limits and
restrictions apply to a group that is controlled by a candidate.
The most recent interpretation is that a group that makes
expenditures or receives contributions in support of the
candidate's election should be considered synonymous with the
candidate when restrictions or prohibitions apply. She added,
"It seems the intent of the bill is in conflict with that
interpretation, but I don't know that this language makes that
explicitly clear."
MS. MORLEDGE suggested the drafter comment on why he used that
language.
1:41:12 PM
ALPHEUS BULLARD, Attorney, Legislative Legal Services,
Legislative Affairs Agency, Alaska State Legislature, agreed
with Ms. Hebdon that the new language in amendment U.2 mirrors
the language in the definition of candidate in AS 15.13.400. It
also appears in the definition in relation to groups in AS
15.13.400(8). He explained that the legal interpretation that
Ms. Hebdon is talking about has to do with the interpretation of
that provision as it relates to groups controlled by a
candidate. SB 5 does not relate to groups controlled by a
candidate unless they are a candidate for the legislature or
they are a legislator. He said that interpretation will in no
way control or relate to how that language is interpreted in the
context of this bill.
CHAIR COGHILL said that helps.
SENATOR MEYER agreed.
SENATOR COSTELLO asked how this language would affect a
legislator who is a member of an organization such as the
National Education Association or the National Rifle
Association, both of which get involved in campaigns and endorse
candidates.
MR. BULLARD advised that the legislator would need to authorize
or consent or control the group otherwise their membership would
not bring them within the reach of this legislation.
SENATOR COSTELLO summarized that a person who is the head of the
Alaska chapter of the NEA would not be able to run for office
without violating this statute.
MR. BULLARD clarified that the bill does not do that. Rather, if
a legislator were to control a group such as the NEA, for
example, that group could not solicit or accept a contribution
while the legislature is sitting in regular or special session.
Nor would a lobbyist be allowed to give to that group.
1:45:17 PM
CHAIR COGHILL removed his objection; finding no further
objection, Amendment 1 was adopted. He found no public testimony
and asked Senator Meyer if he had any closing comments.
SENATOR MEYER recapped that he introduced the bill to close a
loophole in the 1996 campaign finance reforms. It was an
oversight that no one anticipated a legislator having their own
political action committee (PAC) and using it to influence other
elections. This updates the law to address that situation.
CHAIR COGHILL solicited a motion.
1:46:21 PM
SENATOR MEYER moved to report SB 5, version \U as amended, from
committee with individual recommendations and attached fiscal
note(s).
1:46:57 PM
CHAIR COGHILL announced that without objection, CSSB 5(JUD)
moves from the Senate Judiciary Standing Committee.
1:47:22 PM
At ease
^Confirmation Hearings
CONFIRMATION HEARINGS
Commission on Judicial Conduct
1:48:55 PM
CHAIR COGHILL reconvened the meeting and announced the next
order of business would be three confirmation hearings for
positions on the Commission on Judicial Conduct.
He asked Mr. McClintock to tell the committee about his interest
in serving in the bar seat on the Commission on Judicial
Conduct.
1:49:38 PM
DONALD WILLIAM MCCLINTOCK, Appointee, Commission on Judicial
Conduct, Anchorage, Alaska, said he submitted his application as
an opportunity to serve the state and do a small part in
ensuring the integrity of the judicial branch of government. He
opined that he has benefited over the years from practicing in
front of what he considers to be one of the best judicial
systems in the country. The commission plays an important role
in ensuring the integrity of the system and the public
perception is that it is not shaped by any bias or favoritism.
The commission plays an important part in ensuring that judges
adhere to the code of judicial conduct and comport themselves at
the highest level both within the courtroom and in their
personal lives. The commission also plays an important role as a
resource for judges and tends to disciplinary matters. He said
he looks forward to lending his skills in this important
endeavor.
1:53:52 PM
SENATOR MEYER stated support for Mr. McClintock who has always
been very fair and professional.
CHAIR COGHILL articulated his belief that politics is not absent
in Alaska's judicial system. He asked his perspective on whether
politics plays into the discussion regarding judicial conduct or
if the judicial code more demonstrable.
MR. MCCLINTOCK said he believes the code of judicial conduct has
clear rules and a high bar so there isn't a large gray area that
would be influenced by political views. He said one of the
canons of the code is that the administration of judicial
justice is not to be swayed by personal bias. That could include
a strong political belief that is outside the requirements of
the statutes or constitution.
CHAIR COGHILL said it appears that the candidates today would
maintain public confidence and personal integrity.
SENATOR COSTELLO highlighted the importance of appointees'
community affiliations. She noted that Mr. McClintock is a
project volunteer for Camp Fire Alaska, is involved with the
Blood Bank, and has been involved with the Mental Health Land
Trust. It's a pattern of giving back to your community. She
asked him to comment on the Oberman Writing Award he received
while he was in law school.
MR. MCCLINTOCK explained that it is a legacy grant that allows
the faculty to select the most distinguished legal paper written
during the third year of law school. Ironically, he wrote the
paper on financing health care.
CHAIR COGHILL asked if he had attended any commission meetings.
MR. MCCLINTOCK replied he had not had the opportunity.
CHAIR COGHILL requested that he keep his eyes open looking for
ways to do things better.
2:00:17 PM
CHAIR COGHILL asked Jeannine Jabaay to tell the committee about
herself and her interest in serving in the public seat of the
Judicial Conduct Commission.
2:00:45 PM
JEANNINE JABAAY, Appointee, Judicial Conduct Council, Hope,
Alaska, said she is a fourth generation Alaskan with six
children, owns two businesses, is involved in foster care and
foster adoption, and has served four years as a public member on
the Board of Barbers and Hairdressers. When she was asked to
apply for this position, she reviewed the complaints the
commission addressed the last few years and became knowledgeable
about the legal process and the Code of Judicial Conduct. She
acknowledged that she has no professional background in law and
limited experience in the courts. The latter included a
contested adoption that went before the Alaska Supreme Court and
two contractual issues regarding her construction company. She
said she is objective and is not afraid to make tough decisions
and ask hard questions. She is honored to have been appointed
and looks forward to serving and being an active participant.
CHAIR COGHILL opined that being a business owner and a mom is
eminent qualification to be a good judge of character. He asked
if she had attended any meetings.
MS. JABAAY answered no; there hasn't been a meeting since she
was appointed.
CHAIR COGHILL asked if she could accept the explanations of the
judicial conduct code and remain objective under any pressure
from the Alaska Bar Association.
MS. JABAAY said she believes she could be objective; she isn't
easily intimidated.
CHAIR COGHILL asked if she found any surprises when she studied
the methodology of the Commission on Judicial Conduct.
MS. JABAAY said she didn't realize that judges are held to such
a high standard of conduct. It is impressive. She was pleased to
see that the commission recommendations she reviewed - going
back eight years - were all upheld by the Alaska Supreme Court.
She was interested in a recent case in Nome where a judge was
repeatedly before the commission and ultimately stepped down.
"Overall, I think this is going to be a great opportunity for me
to get involved in a totally different part of Alaska."
SENATOR COSTELLO highlighted that Ms. Jabaay held the Mrs.
Alaska title in 2007. She is another appointee with a lot of
community volunteer experience.
CHAIR COGHILL asked Ms. Bahnke to tell the committee about
herself and her interest in serving on the Commission on
Judicial Conduct.
2:07:22 PM
MELANIE BAHNKE, Appointee, Commission on Judicial Conduct, Nome,
said she is a lifelong rural Alaskan, the mother of three, and
wife to Kevin Bahnke. She has a master's degree in rural
development, is the President and CEO of Kawerak, Inc., a board
member of the Alaska Federation of Natives and the Alaska
Children's Trust, and she serves on the governor's Tribal
Advisory Council.
She became interested in the judiciary through the process of
facilitating the strategic plan for the Alaska Rural Justice and
Law Enforcement Commission. She became aware of the Alaska
Commission on Judicial Conduct after a judge from Nome went
before the commission on more than one occasion and ultimately
stepped down. Prior to that, the late Judge Ben Esch served with
distinction for many years. His service sparked her interest in
providing public service. Alaska Natives are overrepresented in
the correction system but underrepresented in other areas which
helped her decide to put her name forward. She believes she can
serve without bias and be a proactive participant. She said she
attended the February meeting and feels she made the right
choice.
CHAIR COGHILL expressed appreciation for the work she has done.
He asked if she has found the Code of Judicial Conduct fairly
easy to understand.
MS. BAHNKE said she won't claim to be an expert but she does her
homework and is a good study. She voiced her commitment to do
her best. She does not take the appointment lightly.
CHAIR COGHILL thanked Ms. Bahnke for being willing to serve.
CHAIR COGHILL stated that the names of all appointees would be
forwarded in one batch.
SB 29-REPEAL WORKERS' COMP APPEALS COMMISSION
2:14:07 PM
CHAIR COGHILL announced the consideration of SB 29. He welcomed
Commissioner Drygas and Director Marx.
HEIDI DRYGAS, Commissioner, Department of Labor and Workforce
Development (DOLWD), Juneau, Alaska, stated that SB 29 will
repeal the Workers' Compensation Appeals Commission and return
the appeals process to the courts. She explained that the
commission was created to streamline the appeals process and
provide expertise in handling workers' compensation cases.
However, since the commission was created in 2005, 50 percent of
its decisions on the merits have been reversed by the Alaska
Supreme Court. This high reversal rate emphasizes the fact that
the commission is ineffective. The commission is essentially an
appellate court, but it is not composed of a panel of lawyers.
Rather, the lay commissioners have no legal training, so it
falls to the commission's chair to resolve the legal issues and
write the commission's decisions. Therefore, the commission's
decisions are the work of just one person, not the work of a
panel with legal expertise in workers' compensation. This is a
further departure from the intent of the original legislation.
Also, the chair is either a former member of the plaintiff's bar
or the defense bar, which raises concerns of bias from both
sides.
COMMISSIONER DRYGAS reported that eliminating the Workers'
Compensation Appeals Commission is anticipated to save the
department over $220,000 for the remainder of FY18, and over
$440,000 in subsequent years. She emphasized that the impact on
the public will be minimal. The Court System, which regularly
hears administrative appeals, will see an increase of about 20-
30 cases a year. She understands that the Court System can
absorb the volume, which is reflected in the zero fiscal note.
She concluded, "The commission is a specialty tribunal we can no
longer afford in this state's fiscal climate."
2:17:46 PM
MARIE MARX, Director, Workers' Compensation Division, Department
of Labor and Workforce Development (DOLWD) Juneau, Alaska,
reviewed the following sectional analysis for SB 29:
Section 1 amends AS 23.30.005, by adding a new
subsection, clarifying that unless reversed or
modified by a court, decisions of the former
commission have the force of legal precedent. It also
specifies that the Workers' Compensation Board will be
the entity responsible for making sure those decisions
are available to the public.
Section 2 amends AS 23.30.107(b), by removing
reference to the appeals commission in existing
statutes.
Section 3 amends AS 23.30.108(d), by removing
reference to the appeals commission in existing
statutes.
Section 4 amends AS 23.30.108(e), by removing
reference to the appeals commission in existing
statutes.
Section 5 amends AS 23.30, by adding a new section,
clarifying when a board order becomes effective and is
final, when it may be stayed, and clarifying when the
board's findings are conclusive and binding on a
reviewing court, and when the director may intervene
in an appeal or petition for review.
Section 6 amends AS 23.30.155, by adding a new
subsection changing a statutory reference from the
appeals commission to the superior court.
Section 7 amends AS 39.50.200(b)(31), by removing
reference to the appeals commission.
Section 8 amends the uncodified law of the State of
Alaska, by amending Rule 204(c)(2) Alaska Rules of
Appellate Procedure, to address bonds for appeal
purposes.
Section 9 repeals Rules 201.1, 401.1, and 501.1,
Alaska Rules of Appellate Procedure.
Section 10 repeals AS [23.30.007,] 23.30.008,
23.30.009, 23.30.125, 23.30.127, 23.30.128, 23.30.129,
23.30.155(f), 23.30.395(10); AS 39.25.110(40); AS
44.64.020(a)(12), and 44.64.020(a)(13). These are
statutes that deal with commission proceedings, that
reference the commission, that deal with commission
appointments, and appeals to the commission.
Section 11 amends the uncodified law of the State of
Alaska, by adding a new section relating to indirect
court rule amendments.
Section 12 amends the uncodified law of the State of
Alaska, by adding conditional effect language that the
Act takes effect only if secs. 8, 9 and 11 receive the
two-thirds majority vote of each house required by
art. IV, sec. 15 of the Alaska Constitution.
Section 13 amends the uncodified law of the State of
Alaska, by adding a new section relating to
applicability of amendments to proceedings pending
before the Commission.
Section 14 amends the uncodified law of the State of
Alaska, by adding transitional language clarifying
proceedings seeking review of a board decision and
order that have not yet been filed before the
Commission, must be filed in the superior court on or
after June 1, 2017 Any appeals not completed by the
appeals commission on or before December 1, 2017 will
be transferred to the superior court on December 2,
2017, and clarifying procedures for requests for
reconsideration during the transition period.
Section 15 amends the uncodified law of the State of
Alaska, by adding transitional language.
Section 16 clarifies when the Act takes effect.
2:21:31 PM
SENATOR COSTELLO asked for an explanation of rules 602(c) and
(h), Alaska Rules of Appellate Procedure. Those are repealed in
the title of the House companion bill, but not in SB 29.
MS. MARX deferred the question to Kimber Rodgers with the
Department of Law.
2:22:38 PM
KIMBER RODGERS, Assistant Attorney General, Civil Division,
Labor and State Affairs Section, Department of Law, Anchorage,
Alaska, explained that those rules relate to notice of appeal
and the parties to the appeal. She said they realized they were
indirectly amending those rules because the bill permits the
director of the Division of Workers' Compensation to file an
appeal for review in the superior court or to intervene in an
appeal or petition for review in the superior court.
SENATOR COSTELLO summarized that the Senate 29 does not
reference those rules in the title, but it's implied in the
bill.
MS. RODGERS said that's correct; it's in the bill so it needed
to be referenced in the title. The House version also added
language explaining the indirect amendment.
CHAIR COGHILL suggested Nancy Meade supplement the explanation.
COMMISSIONER DRYGAS said she understands that the changes in the
House version were at the request of the Court System.
2:25:49 PM
CHAIR COGHILL asked if Section 1 establishes that past decisions
of the Workers' Compensation Appeals Commission have legal
precedent.
MS. MARX explained that Workers' Compensation Appeals Commission
appeals currently have the force of legal precedent. Section 1
ensures that decisions that have occurred remain precedential
and binding on the Alaska Workers' Compensation Board.
CHAIR COGHILL asked if the decisions the court makes would also
have the force of legal precedent.
MS. MARX replied superior court decisions would not have
precedential effect on the Alaska Workers' Compensation Board
decisions. She deferred to Ms. Meade to talk about the
precedential value of superior court decisions.
CHAIR COGHILL asked if the precedent is nullified if the
superior court overturns a decision of the commission.
MS. MARX explained that the appeals commission decisions would
not be appealed to the superior court so that court would not
have the opportunity to reverse decisions of the appeals
commission. Should the bill pass, appeals of Workers'
Compensation Board decisions would go directly to the superior
court.
COMMISSIONER DRYGAS added that if the commission is repealed,
board decisions that are appealed would go straight to superior
court and those decisions would not have precedential value on
the board. If a case is appealed from the superior court to the
Alaska Supreme Court, that decision would have precedential
value.
2:29:37 PM
SENATOR MEYER asked who might oppose the bill.
COMMISSIONER DRYGAS said she anticipates there will be testimony
from both sides. However, the testimony in favor of keeping the
commission won't address the cost of keeping the commission. She
related that when she started as commissioner two years ago she
was asked to look at the statutes and identify what was not
working that the legislature could undue. The Workers'
Compensation Appeals Commission was identified during that
process. "It didn't live up to its expectations."
SENATOR MEYER observed that this will not only save the state
money but also provide faster resolution of appeals.
COMMISSIONER DRYGAS replied it may not be faster but it will be
just as fair. The people she has talked to from the plaintiffs'
bar are ready to take a little delay in exchange for returning
to the judicial process. The current process with the board and
the commission is a double administrative layer. That has always
been somewhat a concern.
SENATOR MEYER asked if she said that a large percentage of the
decisions were appealed to the Supreme Court.
COMMISSIONER DRYGAS clarified that just a limited number of
cases are appealed to the Supreme Court after they go through
the commission process. She noted that the case records show
that there has been a significant decline in the number of cases
that have been appealed from the board to the commission. The
anecdotal evidence is that individuals thought they would not
get a fair shake, so they settled short of appealing to the
commission.
SENATOR MEYER noted that Ms. Meade indicated in a previous
committee that this change would not have a fiscal impact on the
Court System.
CHAIR COGHILL asked if switching to the court wouldn't have a
cost factor for the worker and employer.
2:37:02 PM
COMMISSIONER DRYGAS replied there is a cost of doing business in
the Court System that every citizen faces when they appeal a
case. Filing fees and associated costs probably would not
prevent a litigant from appealing a case and she didn't believe
attorney fees under either process would differ significantly.
CHAIR COGHILL asked Ms. Meade to discuss the Court System
perspective.
2:39:05 PM
NANCY MEADE, General Counsel and Deputy Administrative Director,
Administrative Staff, Alaska Court System, advised that there is
a significant difference between SB 29 and the amended House
bill. The House committee substitute reflects work she and the
department did to ensure that the procedures would be the most
effective and efficient possible.
She said the differences between the two bills are primarily in
Section 5. They are mostly procedural and probably completely
noncontroversial. For example, the amended House bill ensures
that the procedure in the statute about when a decision is final
and can be appealed aligns with the procedure in the court rules
for when cases can be appealed from administrative agencies. The
House committee substitute reflects procedural and technical
differences that are important to the Court System to ensure a
smooth process.
MS. MEADE said the court can absorb these cases without hiring
another judge or additional staff, if that is the choice of the
legislature. She estimated that the court would get about 33 new
cases a year for the superior court judges statewide to handle.
Most of the cases would occur in Anchorage where there are 11
superior court judges. She advised that the process probably
would not be any faster. She estimated that the average time for
the judge to issue a decision might be up to a year.
She explained that it was at her suggestion that the House
committee substitute amends Rules 602(c) and (h), Alaska Rules
of Appellate Procedure. These were overlooked in the original
versions of the bill. "Those are added back in and the Rules
attorney will basically cross out appeals commission every time
it appears in the appellate rules because they were added to the
appellate rules in 2005 when the change occurred."
2:44:16 PM
CHAIR COGHILL asked if preemption allows a litigant to request a
different judge, whereas that option doesn't exist with the
commission.
MS. MEADE said yes. She explained that in any court case each
party has one chance to bump the assigned judge. There is a
five-day time limit for doing so, which would not be a
significant delay in the resolution of the case.
2:46:50 PM
CHAIR COGHILL held SB 29 in committee for further review.
2:46:58 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:46 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Bahnke - Judicial Conduct.pdf |
SJUD 3/29/2017 1:30:00 PM |
|
| Jabaay - Judicial Conduct.pdf |
SJUD 3/29/2017 1:30:00 PM |
|
| McClintock - Judicial Conduct.pdf |
SJUD 3/29/2017 1:30:00 PM |
|
| SB 29 - Sectional Analysis.pdf |
SJUD 3/29/2017 1:30:00 PM |
SB 29 |
| SB 29 - Sponsor Statement.pdf |
SJUD 3/29/2017 1:30:00 PM |
SB 29 |