Legislature(2005 - 2006)HOUSE FINANCE 519
04/26/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB237 | |
| HB29 | |
| HB375 | |
| SB305 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 375 | TELECONFERENCED | |
| + | HB 306 | TELECONFERENCED | |
| + | SB 305 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 29 | TELECONFERENCED | |
| += | SB 237 | TELECONFERENCED | |
CS FOR SENATE BILL NO. 237(FIN)
An Act relating to the compensation of justices and
judges, and to increasing the number of superior court
judges designated for the third and fourth judicial
districts; and providing for an effective date.
CHRIS CHRISTENSEN, STAFF COUNSEL, ALASKA COURT SYSTEM,
addressed the pay raise for judges. Over the last 15 years,
judges' salaries have been reduced by 42 percent. The
problem is made worse by the way judicial salaries are set
in statute. Salaries have not kept up with inflation. In
rural Alaska the situation is even worse due to geographic
differentials in salaries. Judges are often not the highest
paid state employees in the community. Bethel's position
has been vacant for 11 months.
Mr. Christensen spoke about the published list of state
salaries. Superior Court Judges' salaries have dropped to
185th. Salaries have dropped relative to other judiciaries
and relative to state employees. He spoke about the high
number of citizens that come before the court. A judge has
the power to destroy someone's life and must make major
decisions. He argued for employing the best lawyers
possible as judges.
Mr. Christensen related qualifications for being a judge and
common attributes. He addressed income and salary decline,
which may cause lawyers not to apply to be judges. He
mentioned judicial positions that remain vacant. It is
important to have judges with private sector experience.
Mr. Christensen noted that the bill would provide for a new
salary structure, but would remain below the previous salary
structure. Under the new salary structure, Alaska judges
th
that standards may need to be lowered to fill judge
positions. He urged support of the bill.
Mr. Christensen addressed the perception that the increased
pay raise in the bill is 50 percent. It seems that high
because existing law depicts judges' salaries ten years ago.
He stated that the increase is actually less than 30
percent.
2:01:58 PM
Vice Chair Stoltze asked if there is any component of public
service with value, such as a retirement system for judges.
He also wondered if the state is losing judges to federal
judgeships. Mr. Christensen replied that there is a strong
component of public service to being a judge. He spoke of
social restrictions experienced by judges. The Bureau of
Labor Standards publishes a survey that has determined,
nationwide, the public service discount is 20 percent less
than a lawyer of similar experience in the private sector.
In Alaska, judges are working for a 40 percent public
service discount. Before Judges receive a paycheck they
have to sign a sworn affidavit that says nothing has been on
their desk for longer than 6 months. He gave an example of
a case that lasted 6 months and a judge's paycheck was
withheld because cases were backlogged. There is a strong
public service component to being a judge. He stated that
several state judges have taken federal jobs.
2:07:05 PM
SUSAN PARKS, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, offered to address the Department of Law
fiscal notes.
Representative Hawker inquired about the Alaska Court System
fiscal note, which addresses a capital expenditure for
improvements in the Kenai facility. He did not debate that
improvements were needed, but wondered why the expense was
not included in the capital budget. Co-Chair Chenault
agreed that was odd.
Mr. Christensen said they were advised to put all costs into
the fiscal note, including capital costs. He commented that
the costs in Kenai are the same as the cost for the facility
in Palmer and are accurate.
2:10:17 PM
Co-Chair Chenault asked how many judgeship vacancies there
are. He wondered if the judicial council has ever made a
recommendation to not accept a judicial candidate.
LARRY COHN, EXECUTIVE DIRECTOR, ALASKA JUDICIAL COUNCIL,
ALASKA COURT SYSTEM, replied that in the 80's several
applications for retention were rejected.
Co-Chair Chenault listed all of the fiscal notes that
accompany SB 237: fiscal note #2 by the Alaska Judicial
Council, fiscal note #4 by the Office of the Governor, and
with new fiscal notes by the Alaska Court System, the
Department of Law, the Department of Public Safety, the
Department of Administration, and the Department of
Corrections.
2:14:50 PM
Representative Hawker MOVED to REPORT CSSB 237 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal notes. Vice Chair Stoltze OBJECTED.
Vice Chair Stoltze said he has a concern with all of the
issues being tied together. He wished that the Judicial
Council was more receptive to some of the ideas put forth by
the legislature and by the public regarding enhancing the
recruitment process for judges. Vice Chair Stoltze WITHDREW
his OBJECTION.
2:16:18 PM
Representative Joule noted that a number of crime bills were
passed this session. This bill is the connecting piece to
hold people accountable for appropriate behavior. He spoke
in support of SB 237.
Representative Kelly OBJECTED to the motion to adopt SB 237.
He questioned whether there is actually more crime today.
He admitted to having difficulty passing the bill out of
Committee.
2:18:45 PM
Representative Hawker noted that this is a significant
policy decision and financial commitment. He said he has no
reservations about passing SB 237. He spoke to the
"deferred maintenance" issue in the judicial system, where
the community has grown and crime has increased. He called
it the number one priority legislation in his district. He
spoke strongly in support of the bill.
Representative Kelly REMOVED his OBJECTION.
Vice Chair Stoltze agreed with Representative Hawker's
comments.
There being NO further OBJECTION, it was so ordered.
CS SB 237(FIN) was REPORTED out of Committee with a "no
recommendation" and with fiscal note #2 by the Alaska
Judicial Council, fiscal note #4 by the Office of the
Governor, and with new fiscal notes by the Alaska Court
System, the Department of Law, the Department of Public
Safety, the Department of Administration, and the Department
of Corrections.
2:22:52 PM
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