Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/11/2019 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| SB55 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 15 | TELECONFERENCED | |
| *+ | SB 55 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 55-TEMP. APPOINTMENTS TO COURT OF APPEALS
2:57:33 PM
CHAIR HUGHES reconvened the meeting. She announced that the
final order of business would be SENATE BILL NO. 55, "An Act
relating to judges of the court of appeals; and providing for an
effective date."
2:57:41 PM
SENATOR DAVID WILSON, Alaska State Legislature, paraphrased from
the following sponsor statement:
Senate Bill 55 provides a solution to the backlog of
cases at the Court of Appeals. Since 2014, more
criminal appeals are being filed than are being
decided. This has led to a mounting backlog that is
increasingly difficult to resolve.
The Court of Appeals is composed of three judges.
These judges work diligently and maintain a heavy
workload, but unheard cases just keep accumulating. A
long delay before criminal appeals are decided is not
acceptable for crime victims, the general public,
attorneys, or defendants.
Senate Bill 55 enables the Court of Appeals to hear
cases in a timely manner. This legislation would grant
the Chief Justice authority to appoint an individual
to act as a Court of Appeals judge at the pleasure of
the supreme court for no longer than three years to
address the backlog. As we focus on public safety, it
is essential that we also equip the courts to hear
cases as they are brought forth. Thank you for your
consideration of this important legislation.
He said in 2013, the backlog of cases ready for judicial review
was approximately 50 cases per judge. An appellate court judge
issue about 50 decisions per year. In 2018, the number of cases
assigned to judges rose to about 90 cases per judge. Although
judges currently issue significantly more decisions per year,
the rate of cases has increased to the point that the judges
cannot keep up.
3:00:36 PM
SENATOR WILSON provided the following sectional analysis for SB
55:
Section 1: Amends AS 22.07.010 to provide an exception
for an additional court of appeals judge under AS
22.07.070(c) [Page 1, lines 1-6].
Section 2: Conforming amendment to remove the
exception for an additional court of appeals judge
after a three-year period [Page 1, lines 7-10].
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 three 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 three-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, 2022.
3:02:09 PM
CHAIR HUGHES pointed out that the fiscal note allows for one
judge. She asked for further clarification if only one judge is
currently needed because the bill read "as many judges as needed
to serve." She asked whether only one judge would be needed to
solve the backlog.
SENATOR WILSON answered yes, that he worked in consultation with
the Alaska Court System, who indicated the court would request
one temporary judge.
CHAIR HUGHES asked for further clarification on where the judge
would be located.
SENATOR WILSON answered that he did not know. However, the three
judges meet together in one location. He envisioned one judge
would rotate off the bench to focus on writing briefs and
decisions.
3:03:28 PM
CHAIR HUGHES asked how this would this impact public safety. She
further asked how many of the cases were criminal cases as
opposed to civil cases.
SENATOR WILSON deferred to the Alaska Court System to respond.
3:03:40 PM
SENATOR KIEHL related his understanding that there would be a
series of three judge panels. He explained the practice of pro
tem district court judge to serve as a superior court judge is
for a specific period of time. These judges are ones who are
vetted by the Alaska Judicial Council, appointed by the
governor, and accountable to the public through a retention
vote. He asked whether this appointment process would skip those
steps.
SENATOR WILSON answered that this would be similar to the
existing statute to provide a "temporary judge" to serve on the
district court, similar to the process to provide a pro tem
judge to serve on the Superior Court. He highlighted his goal is
not to circumvent the permanent judicial appointment, but to be
a one-time temporary appointment.
3:05:11 PM
SENATOR KIEHL offered the key distinction of the Alaska Court of
Appeals is that it acts as the court of record and sets
precedent with its opinion. This would be different than a
temporary appointment to the district court, he said. He
cautioned that the lack of accountability gives him concern.
3:05:52 PM
SENATOR WILSON answered that this was not an attempt to
circumvent the process, but to allow the court of appeals an
opportunity to address its backlog as a temporary solution to an
ongoing problem. The [Alaska Supreme Court] chief justice would
make the decision, he said.
3:06:38 PM
SENATOR REINBOLD expressed the same concern as Senator Kiehl
raised. She acknowledged that the Constitution of the State of
Alaska allows the chief justice to appoint a judge to serve
temporarily but argued that three years seemed like a long time.
She cautioned that this bill seemed to circumvent the system,
but she was willing to continue the conversation.
CHAIR HUGHES asked whether the sponsor would be open to add in
an appointment and confirmation process.
SENATOR WILSON said he is amenable to the committee's desires.
However, the appellate court cases are not ones easily solved in
a short amount of time. The appellate court carefully
deliberates on its cases. He thought the three-year period was
reasonable, noting it was less than a district court judge's
term.
3:08:30 PM
SENATOR SHOWER asked the court system to weigh in as to whether
a shorter timeframe might be more amenable.
3:08:54 PM
SENATOR MICCICHE said he had anticipated that the fiscal notes
for crime bills would provide an analysis of how every aspect of
the court system would operate more smoothly. He wondered
whether the crime package would address a comprehensive analysis
of the court system.
SENATOR WILSON explained that he introduced SB 55 to reinforce
and enhance the system, given that the legislature and
administration have been working to revise the criminal justice
system.
3:10:48 PM
CHAIR HUGHES remarked that the ACS was the first to assist with
the large fiscal gap.
3:11:25 PM
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System (ACS), Anchorage, stated that the sponsor
approached the Alaska Court System with a bill, which she said
would provide welcome relief due to the court system's backlog.
She explained that at the trial court level, the agency would
hire a pro tem judge to handle criminal trials. The appellate
court judges also have a backlog of criminal cases, which are
either sentence appeals or merit appeals, she said. The Alaska
Supreme Court meets annually to consider budget requests. The
fourth judge contemplated in this bill was on the ASC's list of
potential budget requests or statutory changes. However, the ASC
decided to focus solely on the budget, she said. She said adding
the fourth judge would be helpful.
3:13:22 PM
CHAIR HUGHES related her understanding that the Alaska Court
System was not opposed to adding a fourth judge, but the request
had been prioritized at a lower level.
MS. MEADE answered yes.
3:13:35 PM
CHAIR HUGHES asked for the reason for the increase in cases.
MS. MEADE answered that it is hard to pinpoint the reason.
However, each criminal trial decision can be appealed. The
number of criminal convictions has risen. The number of cases
referred to the Alaska Court of Appeals rises in synch with the
number of guilty convictions. The backlog was also related to
recent vacancies, including that a series of vacancies on the
court of appeals occurred, which she briefly detailed. Although
the court of appeals is currently stable, having a fourth judge
would be helpful, she said.
3:15:23 PM
CHAIR HUGHES related that as crime increases, more offenders are
found guilty and it results in a spike in cases.
3:15:43 PM
SENATOR KIEHL asked for further clarification on whether the ASC
had considered adding an additional temporary or permanent judge
to serve on the Alaska Court of Appeals.
MS. MEADE answered that the Alaska Supreme Court had considered
a number of options, including having a superior court judge
serve pro tem on the Alaska Court of Appeals. Although this
process has worked for several years, when a judge retired, it
left a gap on the superior court.
3:16:58 PM
SENATOR SHOWER asked if the Court of Appeals would like to have
a permanent fourth judge.
MS. MEADE recalled that the ASC did not come to any real
conclusion. In response to Chair Hughes, she offered to consult
with the court and report back to the committee on the ASC's
view of having a permanent fourth appellate judge.
3:18:13 PM
SENATOR MICCICHE asked whether the proposed judge pro tem serves
as a contract judge or if he/she would receive benefits.
MS. MEADE explained that this would be staffed with a three-year
employee, who would receive the same salary and Public Employees
Retirement System Benefits, but not the judicial retirement
system benefits. Since the judge would not go through the
judicial council process, the individual would not be entitled
to judicial retirement, she said.
3:18:58 PM
SENATOR MICCICHE asked whether the pro tem judge would be paid
on a contractual basis without benefits.
MS. MEADE answered that the salaries and benefits for pro tem
judges and acting judges are handled differently. This bill
would allow the Alaska Supreme Court to appoint an acting judge.
Th Alaska Supreme Court would appoint a practicing attorney with
substantial experience to fill the position as per the statute
Senator Wilson previously referenced. However, a pro tem judge
is selected through the Alaska Judicial Council process or is
someone who currently serves as a judge, she said. It is
possible to "pro tem" a superior court judge to serve on the
Alaska Court of Appeals, which is a process the court system
currently uses. Further, pro tem judges could also be retired
judges or justices who continue to take specific assignments
with the court. These judges would be paid on a daily basis by
court rule.
3:20:15 PM
CHAIR HUGHES asked whether it would be difficult to find someone
to serve for a temporary three-year position or if it would
present a barrier.
MS. MEADE said that she discussed this with the Alaska Supreme
Court. The court thought that there would be considerable
interest in filling the position.
3:20:43 PM
CHAIR HUGHES opened public testimony and after first determining
no one wished to testify, closed public testimony on SB 55.
[SB 55 was held in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJUD Agenda 3.11.19.pdf |
SJUD 3/11/2019 1:30:00 PM |
|
| Senate Bill 15 Version A.PDF |
SJUD 3/11/2019 1:30:00 PM |
SB 15 |
| SB 15 Sponsor Statement.pdf |
SJUD 3/11/2019 1:30:00 PM |
SB 15 |
| SB 15 Sectional Analysis.pdf |
SJUD 3/11/2019 1:30:00 PM |
SB 15 |
| SB 15 Capital Closeup Article 10.17.18.pdf |
SJUD 3/11/2019 1:30:00 PM |
SB 15 |
| SB 15 NY Law Journal Article 9.6.11.pdf |
SJUD 3/11/2019 1:30:00 PM |
SB 15 |
| SB 15 National Association of Criminal Defense Lawyers.pdf |
SJUD 3/11/2019 1:30:00 PM |
SB 15 |
| SB 15 State Research.pdf |
SJUD 3/11/2019 1:30:00 PM |
SB 15 |
| Senate Bill 55, Version A.pdf |
SJUD 3/11/2019 1:30:00 PM |
SB 55 |
| 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 |