04/16/2011 11:00 AM House FIN

SENATE BILL NO. 58                                                                                                            
                                                                                                                                
     "An Act increasing the number of superior court judges                                                                     
     designated for the third judicial district; and                                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
11:41:01 AM                                                                                                                   
                                                                                                                                
DOUG   WOOLIVER,  ADMINISTRATIVE   ATTORNEY,  ALASKA   COURT                                                                    
SYSTEM, explained  the legislation.  He reported that  SB 58                                                                    
had been introduced by request  of the Alaska Supreme Court.                                                                    
The  bill  would  add  two  new  superior  court  judges  in                                                                    
Anchorage  to hear  the increasing  number  of civil  cases.                                                                    
There were several  types of cases that  were increasing the                                                                    
workload: child in  need of aid cases and  family law cases.                                                                    
In addition,  he identified a significant  amount of complex                                                                    
business litigation  cases in  Anchorage. He  discussed that                                                                    
the courts  had changed  the way they  looked at  family law                                                                    
cases. Reunification was now the  preferred outcome in child                                                                    
in  need of  aid  cases.  The outcome  takes  more time  and                                                                    
hearings.  He furthered  that family  law cases  had changed                                                                    
over  the years.  He pointed  to a  significant increase  in                                                                    
self-representation  and   the  importance   of  considering                                                                    
domestic  violence in  child  custody  cases. He  delineated                                                                    
that in  over 66 percent of  family law cases one  party was                                                                    
unrepresented. The  people had  a right to  be in  court and                                                                    
were   a  very   important  part   of  the   court  system's                                                                    
constituency.  The  cases took  a  lot  of time,  were  less                                                                    
organized,  and  significantly  increased the  workload.  He                                                                    
detailed that  the importance of domestic  violence in child                                                                    
custody  cases was  elevated in  statute. Judges  spend much                                                                    
more  time considering  domestic violence  in child  custody                                                                    
cases.                                                                                                                          
                                                                                                                                
Mr. Wooliver  added that Anchorage had  the largest business                                                                    
and financial center in the  state. The majority of business                                                                    
litigation cases,  including high-profile cases,  took place                                                                    
in  Anchorage. The  cases  were  "enormously" important  and                                                                    
time consuming.  He offered that the  additional judges were                                                                    
the court system's highest priority.                                                                                            
                                                                                                                                
11:46:43 AM                                                                                                                   
                                                                                                                                
Co-Chair Stoltze OPENED public testimony.                                                                                       
                                                                                                                                
QUINLAN   STEINER,   DIRECTOR,   PUBLIC   DEFENDER   AGENCY,                                                                    
DEPARTMENT     OF     ADMINISTRATION,     ANCHORAGE     (via                                                                    
teleconference),  was available  for questions  and did  not                                                                    
have a  position on  the legislation.  He explained  that if                                                                    
the judges were added  the agency would experience increased                                                                    
workloads.                                                                                                                      
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
Vice-chair  Fairclough  discussed   the  fiscal  notes.  She                                                                    
identified  a new  fiscal  note in  the  amount of  $1,015.6                                                                    
million from  the Court  System in FY  2012 that  related to                                                                    
the  cost of  two new  judges.  She noted  a $425.2  million                                                                    
capital  expenditure.  She identified  FN  2  (CRT) for  the                                                                    
Alaska Judicial Council, appropriating  $23.2 thousand in FY                                                                    
2012 for  the selection process.  She referenced FN  3 (ADM)                                                                    
which appropriated $232.4 million in  FY 2012 for the Public                                                                    
Defender  Agency. The  fiscal note  was  necessary to  cover                                                                    
increased costs  related to the anticipated  additional case                                                                    
load.                                                                                                                           
                                                                                                                                
Representative  Wilson  inquired  about  the  second  fiscal                                                                    
note.  She  wondered  why the  workload  would  increase  if                                                                    
additional judges  were added. Mr. Wooliver  replied that it                                                                    
was  more  work for  the  Judicial  Council. The  additional                                                                    
vacancies required  more meetings, work, and  travel for the                                                                    
council.                                                                                                                        
                                                                                                                                
Vice-chair  Fairclough  noted   that  the  Judicial  Council                                                                    
expenses dropped down to $1.9  thousand the following years.                                                                    
She directed attention to FN  4 (ADM). She communicated that                                                                    
$232.4 thousand  was appropriated in  FY 2012 to  the Office                                                                    
of  Public  Advocacy  for an  additional  attorney  and  law                                                                    
assistant.                                                                                                                      
                                                                                                                                
11:52:09 AM                                                                                                                   
                                                                                                                                
Vice-chair  Fairclough  continued with  FN  7  (LAW) in  the                                                                    
amount  of $225  thousand  each year  through  FY 2017.  She                                                                    
explained  that the  bill added  a full  time attorney,  and                                                                    
half  time   support  position  to  the   [Anchorage]  Child                                                                    
Protection Section. She  noted that FN 8  (GOV) (Division of                                                                    
Elections), FN 9 (COR) (Administrative  Services), and FN 10                                                                    
(DPS) (Alaska State Troopers) had zero fiscal impact.                                                                           
                                                                                                                                
Vice-chair  Fairclough   MOVED  to  report  SB   58  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
SB  58  was REPORTED  out  of  committee  with a  "do  pass"                                                                    
recommendation and with new fiscal  impact note by the Court                                                                    
System and  previously published  fiscal notes: FN  2 (CRT),                                                                    
FN 3 (ADM), FN 4 (ADM), FN 7  (LAW), FN 8 (GOV), FN 9 (COR),                                                                    
and FN 10 (DPS).