05/03/2001 06:56 PM Senate FIN

                                                                                                                                
     CS FOR SENATE BILL NO. 161(JUD)                                                                                            
     "An  Act relating  to the  withholding of  salary of  justices,                                                            
     judges,  and  magistrates;  relating  to  prompt  decisions  by                                                            
     justices,  judges, and  magistrates; and  relating to  judicial                                                            
     retention  elections for judicial  officers; and providing  for                                                            
     an effective date."                                                                                                        
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Donley  moved to adopt CS SB 161, 22-LS0009\X  as a working                                                            
draft.                                                                                                                          
                                                                                                                                
Without objection it was ADOPTED.                                                                                               
                                                                                                                                
Co-Chair  Donley  stated   that  he  has  been  working  with  Chris                                                            
Christensen from  the Alaska Court System to develop  this committee                                                            
substitute,  which would  improve the language  in existing  statute                                                            
regarding the  six-month requirement for judicial  decisions without                                                            
expanding  it to  apply to  the appellate  level.  He explained  the                                                            
committee substitute  adopts a state policy indicating  the State of                                                            
Alaska expects  most trial court, and a majority of  appellate court                                                            
decisions to be rendered  within six months following oral arguments                                                            
of  the  case. He  noted  these  goals  are  consistent  with  goals                                                            
announced by Chief Justice Dana Fabe.                                                                                           
                                                                                                                                
Co-Chair Donley  also pointed out the committee substitute  provides                                                            
in statute, that  the number of times a trial court  justice has had                                                            
salary  withheld  due to  outstanding  cases  beyond  the  six-month                                                            
deadline would  appear in the Official  Election Pamphlet  (OEP) for                                                            
voter consideration when that judge's term is up for retention.                                                                 
                                                                                                                                
Co-Chair Donley  continued the committee substitute  stipulates that                                                            
8a report would  be issued to the legislature listing  the number of                                                            
pending  judicial  matters  that have  surpassed  the  deadline.  He                                                            
stated  this ensures  that  judges'  salary warrant  information  is                                                            
provided  to the public and  to organizations  such as the  Judicial                                                            
Council,  which he said has  not always occurred.  He explained  the                                                            
inability for interested  parties to obtain this information was due                                                            
to a decision  made in  the Department  of Administration  regarding                                                            
confidential personnel information.                                                                                             
                                                                                                                                
CHRIS  CHRISTENSEN,  Deputy Administrative  Director,  Alaska  Court                                                            
System, relayed the Chief  Justice's appreciation of Co-Chair Donley                                                            
for listening  to the court system  concerns and for his  efforts to                                                            
address those concerns on this matter.                                                                                          
                                                                                                                                
Mr. Christensen  stated  the committee substitute,  "does  eliminate                                                            
all the problems,  which we discussed at the last  meeting regarding                                                            
the danger  to  the six month  rule."  He remarked  that the  intent                                                            
language is  a "reasonable expression  of the legislature's  wishes,                                                            
given that  it is  the funding  authority." He  assured efforts  are                                                            
made to  accomplish  the timely resolution  of cases  and the  court                                                            
administration  shares the legislature's interest  in continuing the                                                            
process.                                                                                                                        
                                                                                                                                
Co-Chair Donley  offered a motion to move from Committee  CS SB 161,                                                            
22-LS0009\X with new zero  fiscal note from the Alaska Court System.                                                            
                                                                                                                                
Senator Hoffman  asked if Mr. Christensen had any  opposition to the                                                            
committee substitute.                                                                                                           
                                                                                                                                
Mr.  Christensen   asserted   he  did  not   oppose  the   committee                                                            
substitute.                                                                                                                     
                                                                                                                                
Without objection the bill MOVED from Committee.