Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/27/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB51 | |
| SB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 51 | TELECONFERENCED | |
| *+ | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 49-CIVIL LEGAL SERVICES FUND
2:04:29 PM
CHAIR MCGUIRE announced the consideration of SB 49. "An Act
allowing appropriations to the civil legal services fund from
court filing fees." She explained that she introduced this
legislation after getting involved with Alaska Legal Services
Corporation (ALSC) to help women who were victims of domestic
violence
Speaking as sponsor, she explained that she introduced the bill
in previous legislatures to look at funding Alaska Legal
Services from the punitive damages fund. The current bill
proposes taking 25 percent of the annual filing fees paid to the
Alaska Court System. She believes that ALSC should receive
adequate funding because it serves people who would otherwise
not have legal representation.
2:06:10 PM
NIKOLE NELSON, Executive Director, Alaska Legal Services
Corporation (ALSC), explained that ALSC is a nonprofit law firm
that has been providing free legal help for low-income Alaskans
for the past 45 years. Their mission is to ensure that everyone
is treated fairly in the justice system. ALSC provides free
legal help so people can protect their livelihoods, families,
health, and safety. They provide individual advice and
representation, self-help materials, community education, and
clinics. The work is done by regional staff attorneys in 11
offices statewide and a network of pro-bono volunteers.
She reviewed the types of cases and highlighted that last year
ALSC provided direct representation in 2,600 cases and served an
estimated 43,000 individuals through their website. An
additional 2,000 people attended self-help clinics and
workshops. She reported that a recent outcome study found that
ALSC was successful getting positive results for clients 86
percent of the time, and that there was a 5:1 return on the
funds invested in the program.
2:10:15 PM
MS. NELSON highlighted the problem that ALSC had to turn away
one person for each one it helped last year due to a lack of
resources. In 1984 ALSC's appropriation was $1.2 million to
serve a poverty population of about 40,000. Today the
appropriation is $550,000 and the poverty population is about
106,000. She urged the committee to help ensure that access to
justice is a reality for all Alaskans, not just those who can
afford an attorney. Passing SB 49 would allow the legislature to
appropriate up to 25 percent of the Court System filing fees
into the civil legal services fund. The legislature would then
have discretion to appropriate that amount each year to Alaska
Legal Services Corporation or other organizations providing free
legal aid to low-income Alaskans.
2:12:08 PM
SENATOR COGHILL asked what other funding ALSC receives,
including private sources.
MS. NELSON replied a variety of federal, state and private funds
make up the $4.2 million budget. ALSC receives funds from the
federal government, community partners, private fund raising and
foundation support.
SENATOR COGHILL asked how the federal government provides funds.
MS. NELSON explained that Congress makes an annual appropriation
to the national Legal Services Corporation and each state
receives a share based on its poverty population. Although
Alaska's poverty population is growing, the poverty population
in the Lower 48 is growing at a much higher rate so Alaska's
share of the appropriation is reduced.
SENATOR COGHILL asked how ALSC is connected to the federal Legal
Services Corporation.
MS. NELSON clarified that the Legal Services Corporation is not
a federal agency, but it receives an annual appropriation from
Congress and then disburses grants to recipients in each state
based on the poverty population in the particular state.
SENATOR COGHILL asked how much the Legal Services Corporation
receives from Congress on an annual basis.
MS. NELSON replied she didn't have that information; she only
knew what ALSC has received.
SENATOR COGHILL expressed concern that the state is already
paying for legal services through the Public Defender Agency and
the Office of Public Advocacy, but acknowledged that ALSC cases
cover a larger breadth. He said he appreciates and respects the
work that ALSC has done helping victims of domestic violence and
veterans, but he struggles with the time spent on larger social
questions like the Pebble Mine issue. "Sometimes we're actually
helping you sue the state. Sometimes the state is a bad actor; I
get it. Sometimes it's a larger social question; you don't get
me on that," he said.
MS. NELSON clarified that Alaska is not an outlier in receiving
federal grant monies and that ALSC is not duplicating legal work
of state agencies.
She further clarified that Alaska Legal Services Corporation did
not take a position on the merits of the Pebble Mine case. ALSC
filed an amicus brief when the case was before the Alaska
Supreme Court addressing the question of whether or not pro-bono
attorneys have to disclose all their finances. ALSC's position
was that it would be a barrier to getting private attorneys to
volunteer their time if it would require that they disclose all
their personal finances.
SENATOR COGHILL expressed appreciation for the explanation.
2:20:34 PM
SENATOR MICCICHE stated support for the merits of the bill and
clarified that ALSC only takes on civil cases. It's a pool that
isn't available elsewhere, he said.
SENATOR COGHILL expressed concern about the cost benefit of
taking cases to the Alaska Supreme Court and asked for help
putting it in context.
MS. NELSON replied ALSC takes on about 2,600 individual cases
each year and a very small number (perhaps one percent) go
before the Alaska Supreme Court. Examples of the cases at the
trial court level might include a victim of domestic violence
who was awarded custody of her children. If it's appealed the
next stop is the supreme court and ALSC has to follow it up to
ensure that the mother retains custody. There isn't anybody else
to stand in and preserve her rights. When any case is appealed,
the victim needs representation through the complicated
appellate system to preserve their rights.
SENATOR COGHILL expressed concern with establishing a funding
stream that is "free."
CHAIR MCGUIRE opened public testimony.
2:27:12 PM
ANDREW GAMBLE, Jr, representing himself, Juneau, Alaska, said
he's a Vietnam veteran speaking in support of SB 49. He shared
the story of Alaska Legal Services Corporation helping him when
he tried to settle his mother's estate. They returned his
quality of life.
2:31:31 PM
GERALD "SANDY" ROBERTS, representing himself, Juneau, Alaska,
testified in support of SB 49. He shared the story of being a
three-tour Vietnam veteran who was injured in the service. He
was reinjured years later but unable to get veteran benefits
because his records were lost or destroyed. If someone hadn't
finally suggested he go to the Alaska Legal Services Corporation
for help, he would probably be a veteran on the streets.
SENATOR COSTELLO thanked both veterans for their service to
their country.
2:37:22 PM
ROBBIN SMITH, representing herself, Anchorage, Alaska, testified
in support of SB 49. She shared that the Alaska Legal Services
Corporation gave her the courage to fight back against the
domestic violence in her life. They provided support and helped
her navigate the legal system to get a divorce and get custody
of her children.
2:40:08 PM
MARIE DARLIN, representative, AARP Alaska, Juneau, Alaska,
testified in support of SB 49. She noted the letter of support
in the packets that articulates AARP's support for having
alternative mechanisms for funding the Alaska Legal Services
Corporation. In particular, ALSC has a long, successful history
of service to older Alaskans.
2:41:29 PM
DENISE DANIELLO, Executive Director, Alaska Commission on Aging,
Department of Health and Social Services (DHSS), testified in
support of SB 49. She highlighted that seniors have unique
financial, health care, and social needs. Many live on a fixed
income and receive extensive help from ALSC. She informed the
committee that several years ago the commission and ALSC applied
for a grant through the U.S. Administration on Aging to provide
workshops for seniors to help establish wills, powers of
attorney, conservatorships, and guardianships. The money was
used to support travel for an ALSC attorney to go to communities
that didn't have an ALSC presence. Helping seniors gain access
to the civil justice system was greatly appreciated, she said.
2:43:30 PM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Administrative Staff, Alaska Court System, introduced
herself.
SENATOR COSTELLO asked what impact the bill will have on the
Court System.
MS. MEADE replied the Court System does not anticipate a fiscal
impact should SB 49 pass. All the fees that are collected go
straight to the general fund and the court has no input
thereafter.
SENATOR COSTELLO asked how much the Court System collects in
filing fees.
MS. MEADE advised that the amount doesn't vary much from year to
year. In FY2014 the court collected $2,252,900; 25 percent of
that is $563,225. Looking back five years, 25 percent of the
totals range from $563,000 to $660,000. She noted that in
response to the state's fiscal picture, the supreme court is
considering raising the filing fees by July 1 to coincide with
the new fiscal year. Based on the information she's received,
that could mean the court would collect up to $1 million more
per year.
SENATOR COSTELLO asked if the filing fees vary.
MS. MEADE replied the court administrative rules list the fees
based on the court. For example, the filing fee for an appeal is
$150 and the filing fee in superior court for a divorce or some
other civil matter is also $150. If the case can be filed in
district court because the amount in controversy is lower, the
filing fee is $90. There are waivers for indigent parties and
the court doesn't collect filing fees from state agencies, which
means there are no filing fees for criminal cases.
2:48:41 PM
SENATOR MICCICHE asked Ms. Nelson to address whether or not poor
Alaskans have more availability to legal representation than the
average Alaskan because Senator Coghill's question about equal
access and the cost benefit of cases is legitimate.
MS. NELSON explained that ALSC attorneys meet once a week to
talk about which cases to take on. They are prioritized based on
family safety and economic stability, although some grants allow
prioritization in other areas. The economic benefit study that
looked at the outcomes of ALSC's work showed that 80 percent of
the cases were settled without going to court.
SENATOR MICCICHE asked if additional funding would allow ALSC to
expand its scope and perhaps take on civil cases that Senator
Coghill fears because they're social or environmental in nature.
MS. NELSON answered no; ALSC's core function is to serve low-
income people in civil cases when they can't get representation
anywhere else. They would not move into environmental or social
work if they had additional resources.
SENATOR COGHILL disclosed that he worked with ASLC on veteran
allotments. He reiterated that before the legislature provides a
funding stream, he wants assurance that all needy people are
represented.
2:55:18 PM
CHAIR MCGUIRE stated support for Alaska Legal Services
Corporation and the safety net it provides for low-income
Alaskans.
CHAIR MCGUIRE held SB 49 in committee for further consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB51 Sectional Analysis.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_1 Uniform Law Commission Summary.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_2 UIFSA (2008) Why States Should Adopt.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_3 Uniform Law Commission Map of States.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_4 UIFSA Testimony_Beaver.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_5 Letter to House State Affairs Committee.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_6 Supporting At-Risk Kids Act.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_7 HCCH International Recovery of Child Support.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_8 HCCH Countries.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_9 US Senate Press Release.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_10 Public Law Strengthening Families Act.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |
| SB51 Doc_11 Title 42 Public Health and Welfare.pdf |
SJUD 2/27/2015 1:30:00 PM |
SB 51 |