Legislature(2011 - 2012)SENATE FINANCE 532
03/10/2011 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB34 | |
| SB58 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 34 | ||
| = | SB 58 | ||
| + | TELECONFERENCED |
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."
Co-Chair Stedman noted the first hearing of SB 58 in the
Senate Finance Committee (SFC).
DOUG WOOLIVER, ADMINISTRATIVE ATTORNEY, ALASKA COURT SYSTEM,
stated that two new superior court judges were needed in
Anchorage to preside over civil cases. The additional judges
are required because Anchorage has the highest caseload in
Alaska. Anchorage judges handled 687 cases per judge last
year. Changes in Child In Need of Aid (CINA) cases require
additional staff in the form of standing masters. The change
resulted in the superior court judge having better knowledge
of the family. The better a judge knows a family, the more
trust develops, which benefits the family. The change also
takes more of the judge's time. He encouraged status
hearings in the courts, much like the therapeutic court
program.
Mr. Wooliver mentioned the value of deadlines for the
litigants. He stated that encouraging regular hearings in
front of a judge would greatly encourage family unification.
He believed that the process would result in better
outcomes. The child in need of aid statutes adopted by the
legislature strongly encourage family reunification. While
valuable, the status hearings require judicial time.
10:06:38 AM
Mr. Wooliver remarked on the second change to the Alaska
judicial system involving family law cases. He stated that
33 percent of cases have attorneys on both sides, but 38
percent are without attorneys. Unrepresented litigants are
time consuming for the court system. He pointed out that
while family law cases were very emotional, many families
did not have adequate legal knowledge to argue specific
legal issues. He stressed the issue of motion practices,
with a 34 percent increase in motion practices in family law
cases. He added that the cases are equally important to the
courts and the litigants despite the increased use of
judicial time. The Alaska court system is dedicated to
ensuring the accessibility of the court system. Divorce and
child custody cases represent a majority of cases seen in
family law court rooms.
10:11:00 AM
Mr. Wooliver added that additional educational opportunities
exist for people required to testify in a court of law. He
noted that the court system is using the efforts to better
manage the cases. He stated that Anchorage is asking for two
new superior court judges, but the need is really for three.
Better management techniques would allow the municipality to
utilize only two additional superior court judges.
Co-Chair Stedman noted two numeric changes in the one
paragraph bill.
10:13:41 AM
Co-Chair Hoffman asked about the numbers of case filings
presented. He requested a three year average of case files.
He asked about the last time that Anchorage received a new
superior court judge. Mr. Wooliver responded that Anchorage
received new judges in 2006 and prior to that in 2001. He
offered to update the material to contain additional current
information for FY 11.
Co-Chair Hoffman clarified his question. He requested a
three year average for case files. Mr. Wooliver agreed to
provide the information.
Co-Chair Stedman mentioned SB 246, which requested one
superior court judge for Anchorage. He wondered about a
change in the request. He wondered why only one judge was
requested last year.
10:15:26 AM
Mr. Wooliver responded that the superior court in Anchorage
asked the Supreme Court for three new judges, but the
Supreme Court decided to ask the legislature for only one.
The plan to incorporate additional improvements was
considered, as mentioned earlier in the meeting. Since then,
the caseload in Anchorage has increased by another 662
cases. The higher caseload justified the request for two
judges.
10:15:54 AM
Senator Ellis commented about prior discussion in the
Judiciary Committee where Senator Paskvan stated another
reason to have divorce cases heard in district court is to
allow the mandatory right of appeal to superior court, but
not to the Supreme Court. This recommendation for two
additional judges is approved by the Supreme Court as a
request to the legislature.
Mr. Wooliver responded that he met with the Supreme Court
and with Senator Paskvan. The Supreme Court does not support
a specifically designated family law bench in Anchorage. He
stated that historically, a family court division leads to
judicial burnout. Some states address the problem by
allowing for a revolving family law bench. Another option is
the creation of a family law court. A family law judge can
then apply for the position if necessary. The courts concern
with the model is judicial burnout. In addition, the
applicant pool is often narrow.
10:20:21 AM
Mr. Wooliver stated that the district court is a high volume
business. The district court spends a short time on each
case. District courts can have arraignments with 100 people
in the morning and 50 defendants in the afternoon. He added
that small claims cases are addressed very quickly. Family
law cases can last for years and do not work in a district
court calendar.
Mr. Wooliver stressed that the Supreme Court is not asking
for additional help with the appeals of family law cases.
Placing the district court in charge of family law cases
would not work in the district law calendar.
10:21:30 AM
Senator McGuire commented about a conversation with Justice
Morgan Christian regarding the possibility of a subcommittee
of lawmakers, staff, and the Justice to address the issue.
She agreed that citizens want the opportunity to appeal to
the Supreme Court. She spoke about burnout. She stated that
many attorneys are ill equipped to deal with family law. She
mentioned an Oregon model which includes mediation. The
model serves as a filter to provide a liaison or mediator as
a precursor to court.
10:24:29 AM
Senator McGuire stated that only one superior court judge
exists in South Central Alaska. She pointed out that women
in South Central Alaska have no gender choice when seeking a
superior court judge. She wondered about recruiting
additional women to the bench. One report showed that many
female names have been put forward over the years, and the
head of state chose males over females. She stressed that
Alaska must have more women on the bench.
10:27:55 AM
Co-Chair Hoffman requested additional information regarding
caseloads for district court judges.
10:28:18 AM
Senator Egan asked about the request of $425 for remodeling
seen in fiscal note one. He queried the interim location of
the courts for the period of remodel. Mr. Wooliver replied
that the judicial council utilizes several months to choose
the judge. By the time the judges are seated, the remodels
are scheduled to be finished.
Senator Egan asked if the fiscal note would be lessened as a
result. Mr. Wooliver responded that retired superior court
judges will substitute until additional judges are chosen.
10:29:58 AM
Senator Thomas asked about the percentage of cases filed
that are ultimately contested. Mr. Wooliver offered to
provide the information.
Co-Chair Stedman detailed the eight different fiscal notes.
The total cost by the administration and the court system is
$2,400,600 for a total of 16 new positions.
10:32:44 AM
Co-Chair Stedman asked about the addition of a new probation
officer for the civil court cases.
10:33:03 AM
LT. DIAL, ALASKA STATE TROOPERS (via teleconference),
responded that additional judges, even civil court judges
will generate additional work for the judicial services unit
in Anchorage. That work includes assignments to hearings for
security reasons and to process and serve paperwork and
subpoenas generated by the new judges. To adequately provide
for the needs of the court, the request for one new court
service officer was made.
10:33:49 AM
Co-Chair Stedman asked about the caseloads and the existing
public defenders and public advocacy attorneys regarding
child in need of aid cases.
10:34:25 AM
QUINLAN STEINER, DIRECTOR, PUBLIC DEFENDER AGENCY,
DEPARTMENT OF ADMINISTRATION (via teleconference) addressed
Co-Chair Stedman's query. He stated that the fiscal note
illustrates proposed funding for a position and a support
staff position in Anchorage. The additional position will
accelerate the workload for the civil division. He mentioned
a push for more status hearings and the additional judges
will place pressure on the attorneys to be prepared for the
hearings. Additionally, the rest of the state carries mixed
caseloads. He added that CINA cases are increasing. The
Anchorage unit specializes to provide assistance in both
case oversight and training and the additional pressure is
placed on Anchorage. The additional attorney will require
support.
Co-Chair Stedman asked about SB 246 and the zero fiscal
note. He wondered why SB 58 has a positive fiscal note. Mr.
Steiner offered to revisit the past fiscal note and provide
an explanation.
Co-Chair Stedman stated that a request of one agency
sometimes leads to additional requests from other agencies.
10:37:41 AM
Senator McGuire asked about the governor's operating budget
and the overarching fiscal concerns. Co-Chair Stedman stated
that the committee has been supportive of the expansion of
the court system's capital needs. He noticed $4 million in
court renovations located in the capital budget.
10:39:18 AM
Senator McGuire pointed out that the office of public
advocacy and the CINA issues can be addressed in the
administrative and operating levels. She commented that
Ketchikan might be in need of one more judge.
Co-Chair Stedman added that the numbers may change along the
way. He requested a ratio for the sake of saving the
committee members' time.
Senator McGuire asked if judges rotate throughout
communities.
Mr. Wooliver responded that the judges travel exclusively
throughout Southeast and Southwest Alaska.
10:41:37 AM
SB 58 was HEARD and HELD in Committee for further
consideration.