Legislature(2019 - 2020)SENATE FINANCE 532
03/27/2019 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB55 | |
| SB61 | |
| Discussion on Permanent Fund Dividend Calculation | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 55 | TELECONFERENCED | |
| + | SB 61 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
SENATE BILL NO. 55
"An Act relating to judges of the court of appeals;
and providing for an effective date."
9:03:02 AM
SENATOR DAVID WILSON, SPONSOR, presented the legislation.
9:04:01 AM
AT EASE
9:04:18 AM
RECONVENED
Senator Wilson continued to present the description of the
bill.
9:05:48 AM
Co-Chair von Imhof acknowledged SENATOR MIA COSTELLO.
Senator Wilson presented the Sectional Analysis (copy on
file):
Section 1: Amends AS 22.07.010 to provide an exception
for an additional court of appeals judge under AS
22.07.070(c)
Section 2: Conforming amendment to remove the
exception for an additional court of appeals judge
after a three-year period
Section 3: Adds a new subsection, AS 22.07.070 (c), to
allow the chief justice of the supreme court to
appoint acting court of appeals judges as needed to
serve for no longer than two years. An acting court of
appeals judge must meet the qualifications established
under AS 22.07.404.
Section 4: Repeals AS 22.07.070(c) after a two-year
period
Section 5: Adds a revisors instruction directing the
revisor of statutes to change the catch line of AS
22.07.070 from "Vacancies" to "Selection of court of
appeals judges"
Section 6: Establishes that sections 2 and 4 of this
act will take effect on July 1, 2021
Senator Hoffman wondered whether the backlogs were included
in the testimony.
Senator Wilson replied that it was difficult to figure out
the reason for the backlogs. He remarked that there was
always a possibility for appeal. He stated that the Court
of Appeals recently had judges retire, and the new judge
would recuse themselves, so it was difficult for the third
judge to see the case.
Senator Hoffman queried the location of the three judges.
Senator Wilson replied that there were only three judges on
the Court of Appeals.
Senator Olson wondered why the legislation was presented,
if the Courts were not asking for it.
Senator Wilson felt that it was a need that he observed
within the court system.
9:09:55 AM
Senator Olson surmised that the Chief Justice would appoint
the Court of Appeals Judge.
Senator Wilson replied that it would be one judge for two
years, which was less than the three-year cycle.
Senator Olson stressed that the judges were chosen by the
governor, which was chosen from a list from the Judicial
Council. He surmised that the bill bypassed that process,
and queried the justification for that bypass.
Senator Wilson replied that there was already a statute
that allowed for the Supreme Court Justice to appoint
district court judges to serve temporarily for a three-year
period.
Senator Olson noted that the Court of Appeals did not see
any new evidence, so they were on a different level than
the lower courts. He felt that equating the District Court
to the Court of Appeals was a "bit of a stretch."
Senator Wilson replied that there was not an attempt to set
up a new hierarchy.
Senator Shower asked for an explanation of the Repealer
section.
Senator Wilson replied that Section 4 repealed AS 2.07.007c
after the two-year period. He stressed that it was not in
perpetuity, and had a direct calculated cost to that time
period.
Co-Chair von Imhof asked for thoughts about the judge
addressing the backlog.
9:14:34 AM
NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM, shared
that Court System did not seek this change in statute, but
welcomed the change. She remarked that each fall, as the
Court System assessed its needs, this was discussed, but
took a conservative approach with its request.
9:19:45 AM
Senator Bishop queried the number of backlogs. He also
queried the qualifications the Supreme Court Judge would
use to fill the position.
Ms. Meade replied that the statute set out qualifications
for a district court judge, and the bill said that the
qualifications must be met.
Senator Bishop asked for the number of backlogs.
Ms. Meade replied that the Court of Appeals handled
different types of cases, but the number of cases that had
been briefed awaiting decision at the end of FY 18 were 341
cases.
Senator Bishop wondered whether the temporary judge would
qualify for Judiciary retirement.
Ms. Meade replied in the negative, but would be eligible
for Public Employees' Retirement System (PERS).
Senator Wielechowski wondered whether there was a
requirement for the Court of Appeals judges to issue
decisions within six months.
Ms. Meade responded that there was a statutory requirement
that a matter could not be pending for more than six
months. She furthered that the definition of "matter
pending" was not about the moment a case was briefed.
Senator Wielechowski queried statistics on the frequency in
the last two years.
Ms. Meade agreed to provide that information.
Senator Wielechowski wondered whether the Court of Appeals
heard the cases as a three-member panel.
Ms. Meade replied in the affirmative.
9:25:01 AM
Senator Wielechowski wondered how adding one additional
person would work.
Ms. Meade replied that the fourth judge was pulled up for a
few years, and the panel rotated regularly.
Senator Micciche wondered why this was not a priority for
the Court.
Ms. Meade replied that the Supreme Court was cognizant of
the fiscal situation, by not asking for more than what was
absolutely necessary.
Senator Wielechowski noted that the repealer would take
affect July 1, 2021. He wondered whether someone could be
appointed on June 30, 2021, and that person serve for two
years.
Ms. Meade replied that the fiscal note only had funding
available for two years.
Senator Olson wondered how optimistic, with the increased
cases, and decreased budgets that there would not be an
additional request.
Ms. Meade responded that she did not know how long it would
take, but the court was optimistic.
Co-Chair von Imhof wondered whether Ms. Meade had anything
to add to the fiscal note conversation.
Ms. Meade replied in the negative.
Co-Chair von Imhof OPENED public testimony.
Co-Chair von Imhof CLOSED public testimony.
9:30:01 AM
AT EASE
9:30:40 AM
RECONVENED
SB 55 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB61 Sectional Version A.pdf |
SFIN 3/27/2019 9:00:00 AM SL&C 3/5/2019 1:30:00 PM |
SB 61 |
| SB61 Sponsor Statement 02.27.19.pdf |
SFIN 3/27/2019 9:00:00 AM SL&C 3/5/2019 1:30:00 PM |
SB 61 |
| SB 61 Fishermens Fund - Research Fact Sheet - 03.01.19.pdf |
SFIN 3/27/2019 9:00:00 AM SL&C 3/5/2019 1:30:00 PM |
SB 61 |
| SB 61 Support Letter UFA.pdf |
SFIN 3/27/2019 9:00:00 AM SL&C 3/5/2019 1:30:00 PM |
SB 61 |
| SB 61 Support Letter PSVOA.pdf |
SFIN 3/27/2019 9:00:00 AM SL&C 3/5/2019 1:30:00 PM |
SB 61 |
| SB 61 Support Letter SEAFA.pdf |
SFIN 3/27/2019 9:00:00 AM SL&C 3/5/2019 1:30:00 PM |
SB 61 |
| SB 55 - Sectional Summary.pdf |
SFIN 3/27/2019 9:00:00 AM SJUD 3/11/2019 1:30:00 PM |
SB 55 |
| SB 55 - Sponsor Statement.pdf |
SFIN 3/27/2019 9:00:00 AM SJUD 3/11/2019 1:30:00 PM |
SB 55 |
| SB 55 - Explanation of Changes, Version A to B.pdf |
SFIN 3/27/2019 9:00:00 AM |
SB 55 |
| 032719 Senate Finance POMV Split Presentation March 27.2019.pdf |
SFIN 3/27/2019 9:00:00 AM |
Permanent Fund Divdend |
| SB 61 DOL Worker's Compensation Sen Fin Question 3-27.pdf |
SFIN 3/27/2019 9:00:00 AM |
SB 61 |
| SB 55 - 4.1.2019 Courts Response.pdf |
SFIN 3/27/2019 9:00:00 AM |
SB 55 |