Legislature(2017 - 2018)BELTZ 105 (TSBldg)
02/19/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB151 | |
| HB208 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 151 | TELECONFERENCED | |
| + | HB 208 | TELECONFERENCED | |
SB 151-NUMBER OF SUPERIOR COURT JUDGES
1:33:45 PM
CHAIR COGHILL announced the consideration of SB 151.
1:34:18 PM
NANCY MEADE, General Counsel, Administrative Staff, Alaska Court
System, Anchorage, Alaska, introduced SB 151, on behalf of the
Alaska Court System speaking to the following sponsor statement:
The Alaska Court System is requesting a change to AS
22.10.120 to increase the number of superior court
judges in the state from 42 to 43. Specifically, the
court is seeking authorization for the additional
superior court seat so that one of the two existing
district court slots in Juneau can be converted to a
superior court judgeship. Superior court judges have
broader jurisdiction than district court judges; the
change would allow the new judge to handle a greater
variety of cases, thus ensuring that the caseload in
Juneau is handled more efficiently and effectively.
The two existing Juneau superior court judges handle
about 590 cases per judge per year, the second-highest
caseload per superior court judge of any court except
Anchorage (where other resources are available to
assist with cases). The high caseload has resulted in
a reduced capacity to schedule and decide matters as
expeditiously as the court system would like. Further,
one of long-serving district court judges in Juneau
has announced his plan to retire effective June 30,
2018. This bill is therefore timely; if passed, the
solicitation for applicants to that soon-to-be-vacant
position will be for a superior court rather than a
district court judge.
The new superior court judge will share a judicial
assistant and law clerk with the existing Juneau
judges, and would have the already-existing courtroom
and materials from the district court position, so
that no additional resources are necessary. The court
system will absorb the additional salary and benefits
for the superior court judge with savings it has
achieved elsewhere through attrition. Therefore,
Senate Bill 151 has a zero fiscal note.
MS. MEADE explained that Juneau also has a magistrate judge that
has been doing master work the last few years to help the
superior court with preliminary hearings, not final decisions.
With this change, that magistrate judge would transition to more
typical duties, leaving the remaining district court judge with
about the same number of filings as the Kenai district court
judge.
She said the court system hasn't asked for a judge the past few
years because it typically costs about $500 thousand. Taking
advantage of the long-serving district court judge's retirement
and combining resources makes this request timely.
1:45:52 PM
SENATOR WIELECHOWSKI referred to table 6.05 of the Court System
FY17 annual report and asked if the number of filings was per
judicial position or the total amount.
CHAIR COGHILL deferred the question until the members and Ms.
Meade had a copy of the report.
1:47:11 PM
SENATOR COSTELLO asked if she had information on the wait times
for cases to be resolved, and if that had changed.
MS. MEADE said she didn't have data on the time to dispositions
but it's always more complicated than it appears. She advised
that there has not been a problem where criminal cases had to be
dismissed because Rule 45 deadlines were not met, but it is
increasingly difficult for parties to get scheduled if their
case doesn't have an absolute deadline to be heard. This has
caused general dissatisfaction with the process.
SENATOR COSTELLO asked what timelines are in statute.
MS. MEADE explained that child in need of aid (CINA) cases have
federally imposed guidelines for bringing a case to permanency.
Those guidelines are tied to federal funding for the Office of
Children's Services and are written in the court's child in need
of aid rules, although parties can agree to extensions under
certain circumstances. This is not uncommon. The court follows
criminal Rule 45 in felony cases, which has a 120-day timeline.
Felony cases often are not resolved in that timeline because the
case is not ready for trial. However, the parties talk about
where they are relative to Rule 45 at every felony hearing.
Everyone is aware of and works towards that timeline, but
logistics sometimes stand in the way of accomplishing it.
SENATOR COSTELLO asked if there were consequences for not
meeting the timeline and if passing SB 151 would help the
situation at the superior court level.
MS. MEADE said the court hopes it will help move cases along
faster. She explained that the court generally grants a Rule 45
waiver if the parties agree that a continuance is needed for due
process. In the rare circumstance that there is a Rule 45
failure the case is dismissed.
SENATOR COSTELLO asked if the court tracks the types of cases it
hears to see trends that might be occurring.
MS. MEADE replied trends might be evident if one were to look at
the statutorily required administrative reports on the Court
System website, but the court never addresses the question of
why cases go up and down. She offered to provide follow up
information on the website and a copy of a pie chart she
prepared on the types of cases and the percentage that is
handled in the different courts.
SENATOR COSTELLO asked what the landscape of cases looks like.
MS. MEADE reported that in Juneau from 2013 to 2017, the number
of probate cases increased 70 percent and the number of child in
need of aid cases increased 60 percent. Statewide the child in
need of aid cases have increased about 50 percent the last four
years and felonies and misdemeanors ebb and flow. Last year the
number of misdemeanors decreased and now there is an increase in
the number of felonies and felony trials.
SENATOR WIELECHOWSKI asked if the number of filings in table
6.05 [on page 157] of the Court System FY17 annual report
represents raw filings.
MS. MEADE replied the table reflects the number of files that
come in the door per superior court judge.
SENATOR WIELECHOWSKI asked if the totals in the last column
titled "Filings per judicial position" represent the combined
filings for superior court judges, district court judges, and
magistrate judges.
MS. MEADE replied it may also include magistrate judges.
SENATOR WIELECHOWSKI noted that there are 19 filings per
judicial position in Angoon. He asked if there is either a
district court judge or magistrate judge in that jurisdiction.
MS. MEADE answered no; the judicial positions in Southeast have
a traveling calendar and Judge George who is based in Sitka
covers both district court and superior court in that location.
1:56:39 PM
SENATOR WIELECHOWSKI asked if the 987 filings in Sitka includes
the filings in Angoon.
MS. MEADE said no; to get a better, but still incomplete,
picture of the actual caseload you would need to add all the
areas the judge is covering. For example, adding the numbers for
Sitka, Angoon, and Prince of Wales gives a better idea of Judge
George's workload. She cautioned that it's difficult to compare
workloads because travel takes time out of a judge's schedule.
SENATOR WIELECHOWSKI asked if the Juneau judge travels.
MS. MEADE said on paper the Juneau judges do travel. One judge
covers Juneau, Yakutat, and Haines and the other covers Juneau,
Hoonah, and Skagway. The last couple of years the presiding
judge has tried to minimize travel for those judges either by
taking it himself or offering it to the Sitka judge.
SENATOR WIELECHOWSKI asked if superior court judges typically
get a law clerk and district court judges typically do not get a
law clerk.
MS. MEADE said that's correct.
SENATOR WIELECHOWSKI asked if the cost of a law clerk for the
proposed additional superior court judge will be absorbed in the
court's budget.
MS. MEADE clarified that the Court System is not seeking a law
clerk for the proposed position, so no additional money is
needed. Everyone thinks having two law clerks for the three
judges will work because the caseload for the sitting superior
court judges will drop. If things change in a few years and the
model is unsustainable, the Court System could hire a law clerk
without coming to the legislature using a PCN (position control
number) from another vacated position. She noted that law clerks
are considered temporary employees and don't get any benefits or
payments into PERS. Their salaries are in the high $60 thousand
range.
SENATOR WIELECHOWSKI asked if that would be the only superior
court judge in the state that doesn't have a law clerk.
MS. MEADE said no; the two Ketchikan superior court judges share
a law clerk, the presiding judge in Anchorage does not have a
law clerk, and judges often share resources when a law clerk
leaves before the end of his or her one-year term.
SENATOR WIELECHOWSKI asked if there is a national standard for
filings per judicial positions.
MS. MEADE said not that she was aware of.
2:01:02 PM
CHAIR COGHILL asked if this could potentially cause downward
pressure and the need for more judge magistrates.
MS. MEADE said the hope and expectation is that this will
alleviate the problem; this change is not expected to create a
ripple effect to other courts in Southeast.
CHAIR COGHILL said he wanted assurance that this wouldn't create
a bubble that appears somewhere else.
MS. MEADE said she appreciates that, but the Court System
expects this change will contain the pressure and resources
where they're needed without hurting other case handling.
2:04:23 PM
CHAIR COGHILL stated that he would hold SB 151 in committee with
public testimony open.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 151 - Sponsor Statement.pdf |
SJUD 2/19/2018 1:30:00 PM |
SB 151 |
| SB 151 - Supporting Case Filing Data.pdf |
SJUD 2/19/2018 1:30:00 PM |
SB 151 |
| HB 208 - Sectional Summary.pdf |
SJUD 2/19/2018 1:30:00 PM |
HB 208 |
| HB 208 - Sponsor Statement.pdf |
SJUD 2/19/2018 1:30:00 PM |
HB 208 |
| HB 208 - Supporting Document.pdf |
SJUD 2/19/2018 1:30:00 PM |
HB 208 |
| HB 208 - Presentation.pdf |
SJUD 2/19/2018 1:30:00 PM |
HB 208 |