Legislature(2001 - 2002)
02/06/2002 01:12 PM House JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 362 - EXTEND BOARD OF GOVERNORS OF AK BAR ASSN Number 0070 CHAIR ROKEBERG announced that the first order of business would be HOUSE BILL NO. 362, "An Act extending the termination date of the Board of Governors of the Alaska Bar Association." Number 0100 REPRESENTATIVE LISA MURKOWSKI, Alaska State Legislature, testified as the sponsor of HB 362. She informed the committee that [the Board of Governors] of the Alaska Bar Association was established in 1955 in order to ensure that only qualified members of the legal profession are practicing. In addition to the licensing aspect, the association also deals with the disciplinary end of the profession. Currently, the Alaska Bar Association (ABA) regulates 2,719 licensed attorneys. Representative Murkowski directed attention to the audit by the Division of Legislative Budget & Audit, which was included in the committee packet. The audit reviewed the [ABA} with regard to whether it meets the public need. The report came back with a fairly good recommendation and assessment of the [ABA]. The report states, "The regulation and licensure of attorneys contributes to the protection of the public's welfare. We recommend the legislature extend the termination date to June 30, 2006." She encouraged the committee to extend the board to June 30, 2006. Number 0274 MAURI LONG, President, Alaska Bar Association (ABA), informed the committee that the [ABA] reviewed the audit and made some comments that are included in the backup of the audit report. Ms. Long said that [the ABA] feels that the Board of Governors of the Alaska Bar Association should continue for another four years. She offered to answer any questions. REPRESENTATIVE OGAN asked if Alaska has the highest ratio of attorneys per capita in the nation. MS. LONG related her understanding that Washington, D.C., has more attorneys. Number 0390 BARBARA WILLIAMS, President, Alaska Injured Workers, testified via teleconference. Ms. Williams announced that she approves of the sunset audit for the Board of Governors of the Alaska Bar Association, which she feels is a critical tool. Ms. Williams said: I seek an amendment to the statute to ... condition ... the extension of the authority for the [Board of Governors of the Alaska Bar Association] on a change of membership. My concern is not motivated by ideological bias or like or dislike for legal professionals. As an unpaid lay educator I work with hundreds of injured workers who cannot find legal representation. I am often referred workers by Alaska attorneys to help them with their contested claims. Invariably, these workers must contest their claims against licensed attorneys in administrative and legal proceedings. I have asked the [ABA] to monitor the behavior of the attorneys, and I know that Alaska Public Interest Research Group (AkPIRG) has also asked them to monitor the behavior of the attorneys on an ongoing basis to determine ... if ethical or professional violations occur. The [ABA] has refused to hear us on this issue. For that reason, I ask you to amend the statute as a condition of its extension to include a lay person who is specifically familiar with the situations where unrepresented persons must negotiate and litigate against represented persons. I am certain that from that position, the [ABA] and the Alaska State Supreme Court can be motivated to police the behavior of licensed attorneys when they contest claims against ordinary working people with no legal skills. Number 0561 STEPHEN VAN GOOR, Bar Counsel, Alaska Bar Association (ABA), informed the committee that he is charged with supervising the disciplinary section that investigates complaints against attorneys. Mr. Van Goor noted that he also acts as the general counsel to the Board of Governors in regards to rule making and other matters affecting the [ABA]. He acknowledged that Ms. Williams's group had made a presentation to the board about two years ago, but he felt that Ms. Williams's characterization that the board refused to hear or be concerned with the issues raised at that presentation is inaccurate. "The board is acutely aware, as is the Alaska Supreme Court, that there are a number of individuals in the State of Alaska who are not adequately served by the legal system because of the expense of the legal system," he explained. One of the responsibilities of the [ABA] is to ensure that those providing legal services do so in a competent and ethical manner. MR. VAN GOOR explained that any time an individual has a complaint against a member, the [ABA] evaluates the complaint and takes appropriate action. Mr. Van Goor was unaware of any significant increase in complaints in the workers' compensation lawyers. Therefore, he wasn't in a position to say that such is a problem facing the [ABA]. He relayed his understanding that Ms. Williams's organization had intended for workers' compensation proceedings to be monitored [by the ABA]. However, the [ABA] doesn't have the capacity to monitor the proceedings of the workers' compensation board and the many cases that are adjudicated each year. He noted that since [the ABA] does have the responsibility to investigate complaints, if Ms. Williams or her group has complaints regarding particular lawyers, then [the ABA] would [investigate]. Mr. Van Goor said he'd understood Ms. Williams to be concerned with the fact that workers' compensation is a specialized area of practice and there aren't many lawyers involved in such. Still, Mr. Van Goor assured the committee that complaints made against the Workers' Compensation Board would be reviewed by the [ABA]. Number 0737 SENATOR DAVE DONLEY, Alaska State Legislature, informed Ms. Williams that last year the legislature amended the authority of the Division of Insurance, and this means that the Division of Insurance can now investigate and take action against individual consumer complaints in the workers' compensation area. He identified part of the problem as being the statutory compensation levels that attorneys can receive for workers' compensation claims. Senator Donley remarked that in discussions with Bob Lohr, Director, Division of Insurance, Department of Community & Economic Development, he [understood] that [the division] has been actively pursuing workers' compensation complaints over the past year. CHAIR ROKEBERG announced that the public hearing on HB 362 was closed. Number 0807 REPRESENTATIVE OGAN moved to report HB 362 out of committee with individual recommendations and the accompanying [zero] fiscal note. There being no objection, HB 362 was reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|