Legislature(2005 - 2006)CAPITOL 120
02/08/2006 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB321 | |
| HB353 | |
| HB363 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 353 | TELECONFERENCED | |
| *+ | HB 339 | TELECONFERENCED | |
| *+ | HB 363 | TELECONFERENCED | |
| += | TELECONFERENCED | ||
| += | HB 321 | TELECONFERENCED | |
HB 363 - ADDITIONAL JUDGES FOR THIRD DISTRICT [Contains brief mention of SB 237, companion bill to HB 363.] 2:46:34 PM CHAIR McGUIRE announced that the final order of business would be HOUSE BILL NO. 363, "An Act increasing the number of superior court judges designated for the third judicial district, to provide additional superior court judges at Anchorage, Palmer, and Kenai; and providing for an effective date." 2:47:00 PM SUSAN A. PARKES, Deputy Attorney General, Criminal Division, Office of the Attorney General, Department of Law (DOL), relayed that after visiting the state's judicial district offices, the attorney general was moved to request introduction of HB 363, a bill that proposes to add four superior court judges to the third judicial district: one judge each for Kenai and Palmer, and two judges for Anchorage. She went on to briefly describe how backlogs in any part of Alaska's judicial system create backlogs in all parts of the system, though some things are not easy to quantify, how the increasing complexity of cases and evidence is contributing to increases in the workloads of all who play a part in the judicial system, and listed various types of cases that the system now deals with. MS. PARKES said that although superior court caseloads have increased, as have the staffing levels in other parts of the criminal justice system, there has not been a commensurate increase in court resources, and this has resulted in a trailing trial calendar wherein there are more cases than there are judges to try the cases. She pointed out that although most cases settle, they won't unless there is a threat that a case will go to trial. Since 1995, the felony case referrals for the superior court have increased over 60 percent whereas misdemeanor referrals have only increased 15 percent; additionally, felony petitions to revoke probations have increased [in number] by 148. MS. PARKES explained that the number one priority is the judge slated for Palmer, which has experienced an explosion in both population and crime. For example, in 2002 there were 595 felony referrals in Palmer, whereas in 2005, that number increased to 869. Furthermore, not only has the number of cases increased in Palmer, so has the seriousness of those cases; in 2005 there were 12 homicide referrals as well as other referrals for manslaughter and negligent homicide. Those 12 homicide cases are more than the two judges currently in Palmer could try in a year. 2:55:39 PM MS. PARKES noted that currently there are 161 superior court cases set for trial in Palmer; that 167 felony cases are set for trial in Kenai; and that the district attorney in Anchorage can supply the committee with statistics regarding the 3rd Judicial District - for example, 17 homicide and 5 manslaughter and negligent homicide cases have been referred to that court. Ms. Parkes, in conclusion, urged the committee to support HB 363. REPRESENTATIVE GARA referred to what he termed "the speedy trial rule," and asked how adding more judges will reduce the aforementioned backlog. MS. PARKES explained that currently, most people have "waived a lot of time" and a lot of people are willing to "waive time," and so most cases don't go to trial within 120 days anyway. Therefore the aforementioned trailing calendars are "rolling" cases, and so if there were more judges available those cases would get resolved then and there. REPRESENTATIVE GARA asked whether people are "doing open waivers." MS. PARKES said that usually "limited" waivers are used, but if a defense attorney files a motion to suppress, for example, and the judge says he/she won't have the time to hear that motion for another three months, then the defendant is forced to waive those three months because it is his/her motion. REPRESENTATIVE COGHILL noted that Fairbanks is not slated to get one of the aforementioned judges, and that Bethel is part of that same judicial district. He asked whether the "preemption process" creates calendaring problems in Anchorage, whether "minimizing" [the preemption process] would provide "calendar relief," and whether [the preemption process] is really helping the courts administer justice. MS. PARKES noted that the [SB 237] contains an amendment adding a judge for Fairbanks, and concurred that Bethel does fall within that judicial district's jurisdiction. She offered her understanding that both side of a case, in both criminal cases and civil cases, can "preempt" a judge. In situations where each side "bumps" a judge in locations where there are only two judges, then a third superior court judge must be [called in]. And while Fairbanks "covers" Bethel, Anchorage covers both Palmer and Kenai. Although the concept of doing away with the preemption process [has been discussed], practitioners appear to like it and so would be opposed to getting rid of it; she acknowledged that the use of this process can be tactical. CHAIR McGUIRE pointed out, though, that its use is legitimate when a judge may have a potential conflict of interest. REPRESENTATIVE COGHILL opined that adding judges simply adds complexity to the situation, and indicated that he is sympathetic to the needs of the courts but is also questioning whether there are policy issues that could be addressed as well. CHAIR McGUIRE said she doesn't sense any opposition to HB 363. LEONARD M. LINTON, JR., District Attorney, 3rd Judicial District(Anchorage), District Attorneys, Department of Law (DOL), in response to a question, simply indicated that he has no objection to the passage of HB 363. 3:03:54 PM REPRESENTATIVE GARA suggested that they alter the bill such that two of the aforementioned judges would be appointed by the current governor and the other two would be appointed by the next governor. REPRESENTATIVE COGHILL expressed disfavor with that concept. REPRESENTATIVE KOTT asked Representative Coghill whether he wanted to alter the bill such that another judge would be added to Fairbanks. REPRESENTATIVE COGHILL said he would prefer that that issue be addressed in the House Finance Committee. 3:05:02 PM LARRY COHN, Executive Director, Alaska Judicial Council (AJC), asked whether the committee had received the AJC's fiscal note. CHAIR McGUIRE confirmed that the committee does have the AJC's fiscal note. 3:05:36 PM REPRESENTATIVE COGHILL moved to report HB 363 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 363 was reported from the House Judiciary Standing Committee.
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