Legislature(2007 - 2008)CAPITOL 120
01/24/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Select Committee on Legislative Ethics | |
| HB69 | |
| HB76 | |
| HB7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 69 | TELECONFERENCED | |
| += | HB 76 | TELECONFERENCED | |
| *+ | HB 7 | TELECONFERENCED | |
HB 76 - CIVIL LEGAL SERVICES FUND 2:01:50 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 76, "An Act relating to the creation of a civil legal services fund." [Before the committee was the proposed committee substitute (CS) for HB 76, Version 25-LS0349\C, Bailey, 1/17/07, which had been adopted as the work draft on 1/22/07.] 2:04:23 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee substitute (CS) for HB 76, Version 25-LS0349\E, Bailey, 1/23/07. REPRESENTATIVE GRUENBERG objected for the purpose of receiving an explanation of the changes made in Version E. 2:05:15 PM EMILY STANCLIFF, Staff to Representative Jay Ramras, Alaska State Legislature, relayed on behalf of Representative Ramras, one the prime sponsors of HB 76, that language on page 1, lines 8-9, of Version E now says in part, "may appropriate to the fund from the amount. This change - the addition of the word, "from" - is intended to address Representative Coghill's concern regarding allowing the legislature to determine what [amount] would be appropriated. REPRESENTATIVE GRUENBERG said that he won't object to the adoption of Version E, although grammatically the intent is still not clear. He suggested that perhaps better language could be drafted. [This was treated as Representative Gruenberg withdrawing his objection to the adoption of Version E as a work draft.] CHAIR RAMRAS announced that Version E was before the committee. REPRESENTATIVE GRUENBERG opined that if the goal of inserting the word "from" is to allow appropriation of some, but not all, of the amount deposited into the general fund (GF) under AS 09.17.020(j), the new language doesn't exactly say that. REPRESENTATIVE COGHILL concurred that he wanted to be sure that the language doesn't mandate appropriation of the entire amount deposited under AS 09.17.020(j). REPRESENTATIVE GRUENBERG suggested that that point should be clarified as the legislation moves through the process. 2:08:57 PM ANDY HARRINGTON, Executive Director, Alaska Legal Services Corporation (ALSC), in response to a question, explained that there are other agencies that provide civil legal services to domestic violence victims, immigrants, and other populations, though those agencies don't have income qualification guidelines like the ALSC and the Alaska Pro Bono Program, Inc (APBP). REPRESENTATIVE COGHILL surmised, then, that the ALSC would be the primary recipient of the funds provided for in this legislation unless an organization very similar to the ALSC was established. MR. HARRINGTON replied yes. In response to further questions, he assured the committee that the legislature will maintain its authority to appropriate funds from year-to-year, and explained that formerly the ALSC received appropriations from the legislature but when times were tight, it became all too easy to reduce the ALSC's appropriation. This legislation would tie ALSC funding from the state directly to a revenue stream produced by the civil court system. Mr. Harrington acknowledged that one legislature can't bind future legislatures, but expressed hope that future legislatures will view [continued funding] as making sense and so maintain a [funding] commitment to the ALSC. 2:13:14 PM THERESA OBERMEYER relayed that she has interfaced with the ALSC over many years. She said that the manner in which the ALSC is organized in Alaska has motivated her greatly because the mission of the ALSC is to serve the indigent. Ms. Obermeyer mentioned that she sent the House and Senate Judiciary Standing Committees for review a one-page document and two attachments regarding reciprocity. On the issue of HB 76, she offered her understanding that although this legislation won't mandate that funding be provided to the ALSC, it does [establish] a fund that can be used to provide such funding. Ms. Obermeyer offered her belief that at least half of the attorneys at the ALSC didn't have to take a written bar exam in Alaska because they were granted permission to practice law under Rule 43 of the Alaska Bar Rules, characterized that as favoritism on the part of the [Alaska Bar Association], and spoke a bit more on the issue of reciprocity. In conclusion she emphasized the need to help serve the poor and care about Alaskans across the board. 2:23:37 PM CAREN ROBINSON, Lobbyist for Alaska Women's Lobby, noted that the committee should have received a written position paper. Ms. Robinson, noting that she is speaking from experience, emphasized the importance of the services provided by ALSC to victims [of domestic violence] and other people of the state. She recalled when she was director of the Aiding Women in Abuse and Rape Emergencies (AWARE Inc.) shelter in Juneau, and said that not a day went by in which there wasn't an interaction with the ALSC, adding that those interactions were important whether they pertained to housing needs, potential separation from an abusive spouse, child custody, or divorce and child support issues. MS. ROBINSON then reminded the committee of the great work done by Sarah Felix, who helped pen many of the laws on domestic violence in Alaska. In particular, Ms. Robinson relayed, Ms. Felix worked on legislation pertaining to domestic violence and protective orders. Ms. Robinson mentioned the Robert Hickerson Partners in Justice Campaign, which collects money to help the less fortunate in Alaska obtain the legal services that they need. She emphasized the difficulty experienced when one needs legal assistance but cannot [afford] it. MS. ROBINSON recounted her personal experience in which she left a seriously abusive situation and filed for her own divorce in Texas where there was no service for her to receive legal help. Due to that lack of help, she inadvertently failed to file paperwork regarding child support and so wasn't able to obtain that financial assistance. The ALSC can ensure that all necessary paperwork is filed in a timely fashion so that others don't find themselves in a similar situation. In closing, Ms. Robinson stated that the Alaska Women's Lobby strongly supports HB 76 and wants to ensure that the ALSC will be funded both now and in the future. 2:30:02 PM CHRISTINE PATE, Mentoring Attorney, Alaska Network on Domestic Violence & Sexual Assault (ANDVSA), explained that the ANDVSA is a statewide coalition of 19 domestic violence and sexual assault programs across Alaska. She further explained that one of her primary functions is running a direct, civil legal services program whereby victims of domestic violence and sexual assault can obtained pro bono attorneys for civil cases. Ms. Pate indicated her support for HB 76 and echoed comments made by Ms. Robinson. She then thanked the Alaska State Legislature for the past wisdom it has shown in making laws to benefit victims of domestic violence and sexual assault. MS. PATE opined that HB 76 is a critical piece of legislation that will help end domestic violence in Alaska, noting that a few years ago two economists performed a study which showed that legal services are the most effective means of ending violence in victims' lives. When a victim makes the decision to leave the batterer, it's just the beginning of the journey for safety for that individual and that individual's children; in order to remain safe, the individual will need several resources, including economic support for the family, protection orders to maintain physical safety, custody orders granting custody of the children, and permanent housing, and only an attorney can assist in acquiring the aforementioned services. MS. PATE informed the committee that every year, the legal advocacy project at ANDVSA surveys its member programs and the legal advocates who work with the victims. Every year, that group reports that the most critical need is for civil legal services for victims of domestic violence and sexual assault. Although the ANDVSA helps with the aforementioned by providing pro bono attorneys, only a limited number of attorneys can take on such work and the Alaska Bar Association (ABA) is already doing its fair share. The ALSC is the only other program besides the ANDVSA [helping] domestic violence and sexual assault victims. Since the creation of the ANDVSA in 1999, it has received close to 1,500 requests for assistance but has only been able to serve approximately 40 percent of those cases. For those victims who don't receive help, the individual goes into court alone, may lose custody of the children, doesn't receive the necessary financial help, and may be placed in a more physically unsafe situation. MS. PATE said that ultimately, because of the aforementioned, the victim may decide that the safest and best course of action is to return to the abuser in order to receive financial support and at least monitor interactions between the abuser and the children. More devastating, she opined, is that people are losing faith when they don't have attorneys. Victims are told that if they leave their abuser, they will receive help through support services. However, the critical piece of legal services isn't [always] available to help victims and their families remain safe. MS. PATE characterized this situation as a crisis because needy Alaskans aren't receiving the help necessary to protect their basic needs and rights. Moreover, if the abuser is involved in a criminal case, the abuser is entitled to legal representation while the victim in a civil case is not. Ms. Pate mentioned that at one time she was an attorney for the ALSC and thus has an enormous amount of respect for the ALSC and its work. Ms. Pate concluded by noting her support of HB 76. CHAIR RAMRAS, upon determining that no one else wished to testify, closed public testimony on HB 76. 2:36:29 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, to delete from page 1, line 8, the word, "from" and replace it with the words, "all or part of". There being no objection, Amendment 1 was adopted. 2:37:15 PM REPRESENTATIVE LYNN moved to report the proposed committee substitute (CS) for HB 76, Version 25-LS0349\E, Bailey, 1/23/07, as amended, out of committee with individual recommendations and the accompanying zero fiscal note. REPRESENTATIVE COGHILL objected and expressed concern with regard to the creation of the civil legal services fund because although [technically] it isn't a dedicated fund, the discussion has indicated that [many will view it as such]. He then removed his objection. CHAIR RAMRAS announced, then, that CSHB 76(JUD) was reported from the House Judiciary Standing Committee.
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