Legislature(2001 - 2002)

04/06/2001 10:05 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 172                                                                                                        
     "An Act relating to an annual report by the court system to                                                                
     the public and the legislature."                                                                                           
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Donley spoke to  this Senate  Finance Committee  sponsored                                                            
legislation.   He  stated  it  places  into  statute,   a  provision                                                            
requiring  that the  Alaska Court  System prepare  an annual  report                                                            
following certain perimeters.  He qualified the Court currently does                                                            
issue  an annual  report,  and  he referenced  the  latest  version.                                                            
However, he warned that  this report is not mandatory and the Alaska                                                            
Court System could decide to discontinue issuing it at any time.                                                                
                                                                                                                                
Co-Chair Donley  noted this legislation would stipulate  the reports                                                            
include  additional  information  relating  to  the  "timeliness  of                                                            
decisions  being made by  the Judicial Branch"  as well as  specific                                                            
information  about  travel  expenses and  per  diem for  judges  and                                                            
justices.  He  stressed  the  travel  and  per diem  accountability                                                             
provision  is  identical   to  that  required  of  legislators   and                                                            
employees of the Legislative and Executive Branches.                                                                            
                                                                                                                                
Co-Chair Donley  surmised this information would provide  the public                                                            
with "valuable  different  information  in evaluating  how well  the                                                            
court system is actually  performing and how individual justices and                                                            
judges and courts are performing."                                                                                              
                                                                                                                                
Senator  Green  asked  if  similar  legislation   passed  the  prior                                                            
legislative session.                                                                                                            
                                                                                                                                
Co-Chair Donley emphasized  the intent of this bill is not to change                                                            
the  Alaska  Court  System  current  practice  with  regard  to  the                                                            
issuance  of the  annual  report.  He noted  this  legislation  does                                                            
require the  Court to provide  a copy of the  reports to the  Senate                                                            
Secretary  and the Chief  Clerk of the House  of Representatives  as                                                            
well be made available to the public.                                                                                           
                                                                                                                                
Senator  Green remembered  legislation passed  a year before  allows                                                            
reports to be disseminated  electronically rather then by hard copy.                                                            
                                                                                                                                
Co-Chair Donley remembered  discussion on the matter, but was unsure                                                            
if specific legislation passed.                                                                                                 
                                                                                                                                
Senator Austerman  understood most of the information  stipulated in                                                            
this bill is already provided in the report.                                                                                    
                                                                                                                                
Co-Chair  Donley stressed  the annual  report issued  by the  Alaska                                                            
Court System  already contains most  of the information required  in                                                            
this  legislation.   The only  exceptions,  in his  opinion, is  the                                                            
addition  of  information  showing  the average  mean,  minimum  and                                                            
maximum periods  of time  between the disposition  of cases  and the                                                            
issuing of  a ruling classified  by courts  and by each justice.  He                                                            
noted the current  reports contain general summaries  for the entire                                                            
court system  of the  average length  of time  before a decision  is                                                            
rendered, but the information  is not broken down to show each court                                                            
or judge.                                                                                                                       
                                                                                                                                
Co-Chair  Donley  continued   that  another  exception  would  be  a                                                            
requirement  that the  report include  information  identifying  how                                                            
many  times  a judge  or  justice  has  failed to  comply  with  the                                                            
"warrant  statutes". These  statutes,  he explained  pertain to  the                                                            
withholding of  pay when decisions are not issued  before a specific                                                            
deadline.                                                                                                                       
                                                                                                                                
Co-Chair  Donley listed the  final exception  as the travel  and per                                                            
diem information that would be required under the bill.                                                                         
                                                                                                                                
Senator Austerman  asked why  reporting of  the travel expenses  and                                                            
per diem expenditures for each judge and justice is necessary.                                                                  
                                                                                                                                
Co-Chair  Donley  replied  it  is  for  the  same  reason  that  the                                                            
legislative  and executive branches  report annually.  He  expressed                                                            
it is a "good  accountability measure for government"  and should be                                                            
made easily available to the public.                                                                                            
                                                                                                                                
CHRIS  CHRISTENSEN,  Deputy Administrative  Director,  Alaska  Court                                                            
System,  testified  that the  Supreme  Court  has issued  an  annual                                                            
report since shortly after  statehood.  He noted for the record that                                                            
the report is  not produced under a statutory mandate  but rather as                                                            
part of the Supreme  Court's constitutional authority  to administer                                                            
the Judicial  Branch. In essence,  he stressed, this report  is "the                                                            
Supreme Court's annual message on Judicial Branch operations."                                                                  
                                                                                                                                
Mr. Christensen asserted,  "The legislature is the best judge of the                                                            
information  that  it finds  useful to  do its  job."  He noted  the                                                            
legislature  has the authority to  instruct the Alaska Court  System                                                            
to provide statistics and  other information about court operations,                                                            
and he assured this information would be provided.                                                                              
                                                                                                                                
Mr. Christensen referenced  the zero fiscal note, informing that the                                                            
reporting requirement  would involve  information already  collected                                                            
or could be easily obtained using current resources.                                                                            
                                                                                                                                
Mr.  Christensen clarified  that  the document  referred  to as  the                                                            
annual report  is the Supreme  Court's Message  and is "akin  to the                                                            
report  that  you  as  individuals  and  as  organizations  send  to                                                            
Alaskans describing  your operations  here in Juneau." He  remarked,                                                            
"Much  as you  are  the final  authority  of  what goes  into  those                                                            
reports, we  believe that the Supreme  Court is the final  authority                                                            
on what this particular document contains."                                                                                     
                                                                                                                                
Mr. Christensen  shared with  the Committee  that in correspondence                                                             
between  Co-Chair Donley  and  Chief Justice  Dana  Fabe in  January                                                            
2001,  Chief Justice  Fabe  committed to  Co-Chair  Donley that  she                                                            
would "raise this issue  (of including the additional information in                                                            
the annual  report) with  her colleges."  Mr. Christensen  qualified                                                            
that  this  information  may  actually  be included  in  a  separate                                                            
report, issued  to the legislature  and available  to the public  as                                                            
required in SB 172.                                                                                                             
                                                                                                                                
Co-Chair Kelly  asked if Co-Chair Donley objected  to the removal of                                                            
"annual" before "report" in the bill.                                                                                           
                                                                                                                                
Co-Chair Donley did not.                                                                                                        
                                                                                                                                
Mr.  Christensen  pointed  out  that  much  of  the  information  is                                                            
calculated based on the  fiscal year, rather then calendar year, due                                                            
to the manner in which  the Alaska Court System is funded. He stated                                                            
that  most  of the  information  stipulated  in  the bill  could  be                                                            
provided  on a fiscal year  basis. However,  he reminded of  another                                                            
statute requiring  the Alaska  Court System  provide travel  and per                                                            
diem expenditure  information in a  calendar-year report,  which has                                                            
been submitted  to the legislature every January.  He stated that it                                                            
has been difficult  to obtain all  the information before  February,                                                            
especially for travel in  rural areas of the state. Because of this,                                                            
he suggested  the information could  be provided on either  a fiscal                                                            
year basis or  a calendar basis if allowed an extra  45 - 60 days to                                                            
compile the information.                                                                                                        
                                                                                                                                
Co-Chair Donley  commented, "It would be nice to keep  it consistent                                                            
with  the  reports  that  we  already   do  for  the  Executive  and                                                            
Legislative  Branches, which are by  calendar year." Therefore,  his                                                            
first choice was for additional time for a calendar report.                                                                     
                                                                                                                                
AT EASE 10:19AM/10:23AM                                                                                                         
                                                                                                                                
Amendment  #1: This  conceptual amendment  deletes  "February  1" in                                                            
inserts  "March 15"  on  page 1,  line 6,  deletes  "an annual"  and                                                            
inserts "a" on  line 7, and deletes "of" and inserts  "regarding" on                                                            
line 8. The amended language in Section 1 reads as follows.                                                                     
                                                                                                                                
                Sec. 22.20310. Court system annual report. The                                                                  
          administrative  director shall, not later than March 15 of                                                            
          each  year, make available to the public and file with the                                                            
          senate  secretary  and the  chief  clerk of  the house  of                                                            
          representatives   a  report  regarding  the  Alaska  Court                                                            
          System. The report must include…                                                                                      
                                                                                                                                
Co-Chair Donley moved for adoption.                                                                                             
                                                                                                                                
Without objection the amendment was ADOPTED.                                                                                    
                                                                                                                                
Co-Chair Donley  offered a motion to report SB 172,  22-LS0412\F, as                                                            
amended from Committee  with a zero Alaska Court System fiscal note.                                                            
                                                                                                                                
It was clarified  that the changes  made with the amendment  are not                                                            
inconsistent with the title of the bill.                                                                                        
                                                                                                                                
The bill MOVED from Committee without objection.                                                                                
                                                                                                                                

Document Name Date/Time Subjects