Legislature(1993 - 1994)
03/25/1994 01:15 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 142 HB 518 - EXTEND ALASKA BAR ASSOCIATION PHILIP VOLLAND, President of the Board of Governors of the Alaska Bar Association, testified in support of HB 517 and stated that HB 517 reflects the recommendation of the Legislative Budget and Audit Committee that the function of the Alaska Bar Association continue for another four years. He further testified that by statute, disciplinary, admission assessment, fee assessments, continuing legal education, pro bono services, all are designed to enhance public perception and their confidence in how attorney's serve the interests of clients. The Budget and Audit Committee found that the bar fulfills this function effectively and at no cost to the state. The board is able to function because of its power to assess fees against every lawyer in the state and those fees cover the activities of the board. Number 256 REP. GREEN inquired how the bar handles complaints that come before them and where these complaints originate. Number 270 MR. VOLLAND responded principally by complaints by clients or other lawyers. The discipline council of the Bar Association has authority to bring action on his or her own based upon information the council may receive and that that happens occasionally. But by and large most of the complaints are by either clients or other lawyers. The council then works up a series of hearings depending on how significant the complaint may be. Sometimes a complaint is disposed of by the lawyer agreeing to a private discipline. Other times it goes to a hearing committee, which is a committee composed of lawyers and members of the public. Lawyers can then appeal that and go to the Board of Governors which can act as an independent board hearing the same evidence and depending on the level of sanction, all significant discipline has to approved by the Supreme Court which can review the record entirely on its own. Number 295 REP. GREEN inquired if the bar's hammer is that if they call Johnson in and he doesn't show then the bar can make a pretty harsh recommendation. Number 300 MR. VOLLAND responded that they could. Number 310 REP. PHILLIPS inquired whether all other states have a Board of Governors and when was Alaska's established. Number 315 MR. VOLLAND responded that Alaska's Board of Governors was established in 1955. Number 338 REP. NORDLUND inquired what the bar's response has been to the Legislative Budget and Audit report. Number 345 MR. VOLLAND responded that some of the recommendations they agree with, but Audit found that one of their board terms is out of sync with the statutory rotation and the bar is taking action to change that. Number 420 REP. NORDLUND inquired as to the recommendation that the Bar Association establish a toll free complaint line. Number 429 MR. VOLLAND responded that that recommendation was under review and the bar may very well adopt it. Number 432 REP. GREEN recommended that the committee move HB 518 from committee with individual recommendations and accompanying zero fiscal note. Number 435 CHAIRMAN PORTER, hearing no objection, declared HB 517 moved from committee and next brought SB 151 before the committee.
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