Legislature(1993 - 1994)

03/25/1994 01:15 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  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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