Legislature(2005 - 2006)BUTROVICH 205
02/08/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB10 | |
| SB237 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 10 | TELECONFERENCED | |
| += | SB 237 | TELECONFERENCED | |
| += | HB 41 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 237-ADDITIONAL JUDGES FOR THIRD DISTRICT
9:48:09 AM
CHAIR RALPH SEEKINS announced SB 237 to be up for consideration.
SUSAN PARKES, Deputy Attorney General, Department of Law (DOL),
informed the committee that Attorney General David Marquez had
hoped to testify and take responsibility for the bill but was
not available this morning. She spoke in his behalf. Due to his
recent appointment as attorney general, Mr. Marquez has been
traveling around Alaska and meeting with all the judges. SB 237
was prompted by his recognition of the heavy caseloads,
particularly in the criminal division, and the case backlog.
9:50:16 AM
The purpose and intent of the bill is to alleviate the case
backlog in the Alaska court system. She expressed support for
the bill and said after 20 years with the DOL she could testify
that cases are more complex and the system is more complex than
in the past. For example, deoxyribonucleic acid (DNA) is now a
part of many cases and not just sexual assault cases. Waiting
for lab results, expert testimony notifications, and the
increased use of technology slows cases down. Everything is
becoming more technical and even expert testimony and
qualifications are being litigated now.
9:53:42 AM
Complex cases today involve white-collar crime, computer crime,
and methamphetamine laboratory (meth lab) cases. The number of
items taken into evidence and the complexity of how the evidence
has to be bagged and tagged and dealt with in court increases
the amount of time that it takes the case to get to trial.
Victim's rights have significantly impacted cases as well and
slows them down. Prosecutors are now required to meet with the
victim and talk to them about the case. This is definitely
appropriate but it slows the process down.
9:55:25 AM
The Alaska State Legislature has created new felonies, which
adds additional pressure on the court system. Since 1965 Alaska
has seen a 65 percent increase in felony referrals and a 15
percent increase in misdemeanor referrals. Currently in superior
court there are more cases than can be tried. This is known as a
"trailing calendar." Petitions to revoke felony probation is up
as well and those have to be handled by the superior court.
9:57:37 AM
Palmer is the number one priority for additional judges due to
the population explosion and the accompanying crime explosion.
The dramatic increase in felony referrals in the Palmer area
shows in the numbers. In 2002 there were 595 felony referrals
and in 2005 it was up to 869. Again, the complexity of the cases
significantly impacts the caseload and takes significantly more
time to process through the courts.
9:59:42 AM
Palmer's trailing calendar currently has 161 felony cases set
for trial with only two superior court judges to try them. Keep
in mind these two judges try criminal cases part time because
they have the child in need of aide (CINA) caseload and the
civil caseload. They are so overloaded they are holding night
court.
10:00:47 AM
SENATOR CHARLIE HUGGINS asked Ms. Parkes the number of judges in
each section of the state.
MS. PARKES said Palmer and Kenai each have two superior court
judges. She deferred the Anchorage total to Mr. Christianson.
10:01:29 AM
CHRIS CHRISTIANSON, Deputy Administrative Director, Alaska Court
System said Anchorage currently sports 13 superior court judges.
MS. PARKES mentioned that the trailing calendar in Anchorage has
over 300 cases pending trial and four judges to try them. The
trailing calendar in Kenai is 167 cases pending trial with two
judges.
10:04:11 AM
Another impact is the relationship within the Alaska Bar
Association. There are rarely trials where the defense and
prosecution work together. There is animosity, a different way
of doing business, and cases don't resolve as quickly as they
should. She urged the committee to support the bill.
10:06:18 AM
SENATOR HUGGINS asked whether the City of Palmer could
accommodate more than one additional judge.
MS. PARKES indicated it could.
MR. CHRISTIANSON added the Palmer courthouse was originally
built with three courtrooms. Two courtrooms were added on six
years ago and last year the Legislature appropriated the money
to add two more courtrooms but the work hasn't begun due to the
current high price of steel. Population in the valley has
increased dramatically and is moving away from Palmer and up the
Parks Highway.
10:09:18 AM
Discussions with the DOL, the Department of Corrections, and the
Department of Public Safety show that eventually the state will
have to open a separate court in the Wasilla area.
SENATOR HUGGINS asked Mr. Christianson whether the Palmer system
could support two additional judges.
MR. CHRISTIANSON said he was not sure there was the space.
10:11:31 AM
SENATOR GRETCHEN GUESS suggested the committee expand the bill
to provide for a second additional judge in the Palmer area once
the courtroom space becomes available.
MR. CHRISTIANSON said that it could be years before they have
additional space.
SENATOR GUESS asked Mr. Christenson whether the increases with
the bill would meet current needs.
MR. CHRISTIANSON said it would take care of Kenai and Anchorage
but that Palmer, with its continued growth, would continue to
have additional needs.
10:14:30 AM
SENATOR GUESS asked the condition of the Southeast Alaska area.
MR. CHRISTIANSON said the Southeast area has not experienced the
population growth that the South Central area has. Also, while
Juneau does show a high caseload, not that many go to trial.
MS. PARKES added that the feedback from the Southeast area
indicates they are doing fine. Also there is a good working
relationship between the prosecution and the defense. The
caseloads have gone up but they are managing them.
10:18:52 AM
SENATOR GUESS asked Ms. Parkes whether the findings section of
the bill was necessary.
MS. PARKES replied the purpose was to make clear the legislative
intent.
10:20:16 AM
SENATOR HOLLIS FRENCH concurred that the Anchorage courthouses
were extremely busy. He noted the fiscal note was quite large
and he urged Ms. Parkes and Mr. Christianson to properly prepare
for a possible challenge.
SENATOR GUESS moved Amendment 1. Remove Section 1. She suggested
the committee draft a letter of intent to accompany the bill so
that the intent is clear. Hearing no objections, Amendment 1 was
adopted.
CHAIR SEEKINS moved Amendment 2. Add one additional superior
court judge to the fourth judicial district of Fairbanks.
10:22:30 AM
Hearing no objections, Amendment 2 was adopted.
CHAIR SEEKINS advised the people who were waiting to testify
that they were not needed. He held SB 237 in committee.
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