Legislature(2005 - 2006)Anch LIO Conf Rm

08/10/2005 01:30 PM House JUDICIARY


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Audio Topic
01:35:05 PM Start
01:43:06 PM Westlaw
02:29:04 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
West Law Overview
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       Anchorage, Alaska                                                                                        
                        August 10, 2005                                                                                         
                           1:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Tom Anderson                                                                                                     
Representative Nancy Dahlstrom                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Coghill                                                                                                     
Representative Pete Kott                                                                                                        
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  WESTLAW                                                                                                           
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
PAUL RICHARDS, Lobbyist                                                                                                         
for Thomson West                                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the overview of Westlaw, provided                                                                   
introductory and closing comments.                                                                                              
                                                                                                                                
ALLAN MILLOY, Manager                                                                                                           
Western Regional Sales                                                                                                          
Rocky Mountain Region                                                                                                           
Thomson West                                                                                                                    
Vancouver, Washington                                                                                                           
POSITION STATEMENT:  Assisted in presenting the overview of                                                                     
Westlaw.                                                                                                                        
                                                                                                                                
RICHARD "RICK" BROWN, Director                                                                                                  
Codes Content Center                                                                                                            
West                                                                                                                            
Thomson West                                                                                                                    
Eagan, Minnesota                                                                                                                
POSITION  STATEMENT:   Assisted  in  presenting  the overview  of                                                               
Westlaw.                                                                                                                        
                                                                                                                                
JOSEPH J. KUBES, Director                                                                                                       
Government Relations and Contracts                                                                                              
West                                                                                                                            
Thomson West                                                                                                                    
Eagan, Minnesota                                                                                                                
POSITION  STATEMENT:   Assisted  in  presenting  the overview  of                                                               
Westlaw.                                                                                                                        
                                                                                                                                
HEATHER NOBREGA, Staff                                                                                                          
to Representative Norman Rokeberg                                                                                               
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Asked a  question during  the overview  of                                                               
Westlaw.                                                                                                                        
                                                                                                                                
CRAIG JOHNSON, Staff                                                                                                            
to Representative Lesil McGuire                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Asked a  question during  the overview  of                                                               
Westlaw.                                                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee  meeting  to  order at  1:35:05  PM.    Representatives                                                             
McGuire,  Anderson, and  Dahlstrom were  present at  the call  to                                                               
order.                                                                                                                          
                                                                                                                                
^OVERVIEW(S)                                                                                                                  
                                                                                                                                
^WESTLAW                                                                                                                      
                                                                                                                                
CHAIR McGUIRE announced that the  only order of business would be                                                               
the overview regarding Westlaw.                                                                                                 
                                                                                                                                
PAUL  RICHARDS,  Lobbyist  for Thomson  West,  after  introducing                                                               
himself and Allan Milloy, relayed  that [Thomson West] has a 130-                                                               
year history of publishing.                                                                                                     
                                                                                                                                
ALLAN  MILLOY, Manager,  Western Regional  Sales, Rocky  Mountain                                                               
Region,  Thomson  West,  spoke.     [His  initial  comments  were                                                               
indiscernible  due to  lack of  proximity to  a microphone.]   He                                                               
relayed that [Thomson  West] is one of the  divisions of Thomson,                                                               
and  that Thomson  is one  of the  leaders [in  providing] global                                                               
information in  the fields of  legal and  regulatory information;                                                               
tax,  accounting,  financial   information;  and  scientific  and                                                               
healthcare  information.    [Thomson West]  provides  "must-have"                                                               
information,  and  supports  over  20 million  users  around  the                                                               
world, he  remarked, and went  on to detail some  company revenue                                                               
figures and numbers of employees.                                                                                               
                                                                                                                                
MR.  MILLOY mentioned  West  and Westlaw,  and  said that  [West]                                                               
publishes cases,  statutes, and code,  and "all of  the secondary                                                               
information  that  help  attorneys  do a  better  job  for  their                                                               
clients."  For  Alaska, [West] publishes the  Alaska Reporter and                                                             
the Alaska Digest.  He indicated  that the intent of the overview                                                             
is  to  discuss the  possibility  of  publishing state  statutes,                                                               
since the  contract for  doing so  is coming  up for  review this                                                               
year.   Mr. Milloy  referred to Joseph  Kubes and  Richard "Rick"                                                               
Brown.                                                                                                                          
                                                                                                                                
1:43:06 PM                                                                                                                    
                                                                                                                                
RICHARD  "RICK"  BROWN,  Director, Codes  Content  Center,  West,                                                               
Thomson   West,   spoke.     [Some   of   his  presentation   was                                                               
indiscernible  due to  lack of  proximity to  a microphone.]   He                                                               
relayed  that  he  would be  speaking  specifically  about  West,                                                               
referenced a PowerPoint presentation,  and described what various                                                               
pages of the  PowerPoint presentation pertained to.   He outlined                                                               
the  physical  location  of West  and  the  company's  buildings,                                                               
provided historical background  on West, and spoke  of the merger                                                               
of the  companies that now make  up the parent company.   He said                                                               
that West has always been known for its case law and statutes.                                                                  
                                                                                                                                
AN UNKNOWN SPEAKER remarked on the  size of the facility, that no                                                               
subcontracting  is  necessary,  and  that all  of  the  company's                                                               
functions can be done in-house, under one roof.                                                                                 
                                                                                                                                
SEVERAL UNKNOWN  SPEAKERS, in response  to a  question, commented                                                               
on the size  and number of Westlaw's databases, on  the number of                                                               
references  attorneys  employed  by  West, on  the  customer  and                                                               
technical  support  services  offered  by  the  company,  on  how                                                               
interconnected the functions of the  company are, and how devoted                                                               
the company is to producing a quality product.                                                                                  
                                                                                                                                
[Some  further  comments  were indiscernible  due  to  background                                                               
noises.]                                                                                                                        
                                                                                                                                
AN  UNKNOWN SPEAKER  referenced the  PowerPoint presentation  and                                                               
said, "This  is the  way our  statutes look  online now,  and ...                                                               
we've spent a  lot of time, a  lot of energy, and a  lot of money                                                               
presenting our statutory material in a more user-friendly way."                                                                 
                                                                                                                                
1:51:02 PM                                                                                                                    
                                                                                                                                
AN  UNKNOWN  SPEAKER  remarked that  attorney  staff  read  every                                                               
single reported  Alaska Court  of Appeals  case and  every single                                                               
Alaska Supreme  Court case so that  the cases can be  included in                                                               
the Alaska Reporter.   The cases are also being  looked at to see                                                             
whether they "construe any statute";  if any do, then the statute                                                               
editor is  notified.  He added:   "We're the only  publisher that                                                               
is going  through the cases [at]  that level of detail,  and that                                                               
gives  us the  unique ability  to  ... [ensure]  that there's  no                                                               
case, that  is germane, that  is missed  and not referenced  in a                                                               
statute set."                                                                                                                   
                                                                                                                                
[Some further  comments by an unknown  speaker were indiscernible                                                               
due to background noises.]                                                                                                      
                                                                                                                                
AN  UNKNOWN  SPEAKER said  that  West  has developed  a  research                                                               
system that one  can use to find the points  of law being sought;                                                               
he   referred  to   this  as   the  "Key   Number  System,"   and                                                               
characterized it as  unique in the publishing world  and as "the"                                                               
standard.                                                                                                                       
                                                                                                                                
[Some  further  comments  were indiscernible  due  to  background                                                               
noises and several people speaking at once.]                                                                                    
                                                                                                                                
AN  UNKNOWN SPEAKER  characterized the  aforementioned system  as                                                               
very, very concise,  and relayed that there  are 90,000 different                                                               
key numbers and 410 topics available.                                                                                           
                                                                                                                                
AN  UNKNOWN SPEAKER  said the  aforementioned  helps people  make                                                               
better decisions  faster, because  "once you  find your  point of                                                               
law, then you  drill into that, and  then you can see  all of the                                                               
relevant case  law or statutes that  deal with that point  of law                                                               
in any jurisdiction in the land."                                                                                               
                                                                                                                                
REPRESENTATIVE  DAHLSTROM,   referring  to   a  portion   of  the                                                               
PowerPoint  presentation,   asked  whether  West   has  developed                                                               
territories based on certain areas having similar statutes.                                                                     
                                                                                                                                
AN  UNKNOWN  SPEAKER indicated  that  it  had  not done  so,  but                                                               
relayed  that "these  particular publications  are entirely  case                                                               
law."   He posited  that the  distinctions between  the different                                                               
publications are merely the result of historical accident.                                                                      
                                                                                                                                
AN UNKNOWN SPEAKER posited that the  volume of cases in any given                                                               
state   might   have  had   some   influence   in  creating   the                                                               
distinctions.                                                                                                                   
                                                                                                                                
1:56:03 PM                                                                                                                    
                                                                                                                                
MR.   BROWN,   referring  to   a   portion   of  the   PowerPoint                                                               
presentation, said it is a  map illustrating "our own proprietary                                                               
annotated statutes product."   He remarked that West  now has "41                                                               
of them" and  has added 14 new annotated codes  in the last eight                                                               
to nine years.  He said that  in doing so, West has leveraged its                                                               
history  as  a case  law  publisher,  and  has  used all  of  its                                                               
resources  to  create  a new  annotated  statutory  product  that                                                               
really looks and  feels different.  He referenced  what he called                                                               
the "central  head notes  database," and said  that over  all the                                                               
years, West attorneys have written 25 million head notes.                                                                       
                                                                                                                                
MR. BROWN went on to say:                                                                                                       
                                                                                                                                
     What  we  want to  talk  about  is what  our  statutory                                                                    
     products  could look  like  and  how that's  different.                                                                    
     These are all editorial  enhancements that are included                                                                    
     in every  West statute product.   United States Supreme                                                                    
     Court  reference:    these are  references  to  Supreme                                                                    
     Court   cases   that   took  place   outside   of   the                                                                    
     jurisdiction.   We have  uniform laws,  commentary that                                                                    
     we reference.   We  reference law  review commentaries.                                                                    
     And that next  line - (indisc.) a lot  of those lawyers                                                                    
     co-op (ph)  products that are  now part of  our family.                                                                    
     United States  Code -  we reference  the administrative                                                                    
     code  in  each  jurisdiction;   it  is  also  important                                                                    
     information to  link people to, whether  you're working                                                                    
     online or  in print.   Historical notes  describing the                                                                    
     legislative  history,  the  cross-references  to  other                                                                    
     statutory material within the same statutory set.                                                                          
                                                                                                                                
     And these  two at the  top are  really the two  that we                                                                    
     feel are most  important to a West product:   the notes                                                                    
     of decisions  - and those  are where we use  those head                                                                    
     notes, these are the case  law summaries that we use to                                                                    
     provide interpretations  for what that statute  means -                                                                    
     and  then the  index. ...  We've done  a lot  of market                                                                    
     research and we  found that ... somewhere  in the range                                                                    
     of 90 to 95 percent [of]  people say that those top two                                                                    
     bullets are  the things that  really matter the  most -                                                                    
     these things  are really essential.   And the  index is                                                                    
     something we spent  a lot of money on  doing; the notes                                                                    
     of decisions  we spent a  lot of  money on. ...  I want                                                                    
     [Joseph Kubes] to  show you, now, what  this looks like                                                                    
     online and how it can work for us online. ...                                                                              
                                                                                                                                
1:59:34 PM                                                                                                                    
                                                                                                                                
JOSEPH J.  KUBES, Director,  Government Relations  and Contracts,                                                               
West,  Thomson  West, said  that  if  West  were ever  chosen  to                                                               
publish Alaska's statutes, it would  look to integrate all of the                                                               
aforementioned sources  and references  into that  publication so                                                               
that it could be a more  efficient and effective resource.  Using                                                               
as an  example for a search  the term "good faith,"  he said that                                                               
very few statute  publications have on their  face everything one                                                               
needs  in order  to understand  the meaning  behind a  particular                                                               
term, and  that the  references that  West incorporates  into its                                                               
publications can be used as  secondary resources for that purpose                                                               
- to garner a better understanding  of a particular term as it is                                                               
being  used in  statute.   Relaying  that  Westlaw has  annotated                                                               
statutes for  all 50  states plus the  District of  Columbia, the                                                               
Commonwealth of Puerto Rico, and  the territories of Guam and the                                                               
Virgin Islands,  he then guided  the committee through  an online                                                               
search via Westlaw.                                                                                                             
                                                                                                                                
CHAIR McGUIRE surmised, then, that  although Westlaw does not yet                                                               
publish  Alaska's  statutes,  Westlaw customers  can  still  view                                                               
references them.                                                                                                                
                                                                                                                                
MR. KUBES  concurred, adding that  although Westlaw  actually has                                                               
more  editorial enhancements  available,  because it  is not  yet                                                               
publishing  Alaska's statutes,  those enhancements  have not  yet                                                               
been integrated.                                                                                                                
                                                                                                                                
CHAIR McGUIRE asked  Mr. Kubes to send the committee  a copy of a                                                               
statute book published by West.                                                                                                 
                                                                                                                                
MR.  BROWN agreed  to  send  the committee  a  volume of  statute                                                               
published by West and a volume  of statute published by Lexus Law                                                               
Publishers  ("Lexus"),  both  from  the  same  jurisdiction,  for                                                               
comparison purposes.   He mentioned that in the  states for which                                                               
West  does not  publish statutes,  West provides  information via                                                               
Lexus under a licensing agreement.                                                                                              
                                                                                                                                
MR.  KUBES relayed  that  what  he is  showing  the committee  is                                                               
West's publication  of North Carolina  annotated statute  and all                                                               
reported  North Carolina  cases  that interpret  or reference  [a                                                               
particular statute],  and described the specific  aspects of what                                                               
the  committee  was viewing  and  how  a  person could  go  about                                                               
researching a particular topic.                                                                                                 
                                                                                                                                
MR. BROWN  referred to the "key  number", and said that  by using                                                               
it, one can  collect every head note that has  ever been assigned                                                               
to that key  number; for a state like Alaska,  this feature would                                                               
be helpful  in researching  precedent outside of  the state.   He                                                               
mentioned  that  this  feature  was  so  popular  that  [Westlaw]                                                               
retrofitted every code to include that feature.                                                                                 
                                                                                                                                
AN   UNIDENTIFIED  SPEAKER   referred   to   a  "graphical   user                                                               
interface," and said that with this  feature, users can see - via                                                               
a flow chart of sorts - the  path of a particular case; users can                                                               
see whether  a case is  still good law  and how other  cases have                                                               
treated it.                                                                                                                     
                                                                                                                                
AN UNIDENTIFIED SPEAKER, after describing  for the committee what                                                               
it was looking  at, said that the  aforementioned feature becomes                                                               
very handy in  researching seminal federal cases  such as Miranda                                                             
v. Arizona.                                                                                                                   
                                                                                                                                
REPRESENTATIVE ANDERSON  characterized Westlaw's product  as more                                                               
centralized.                                                                                                                    
                                                                                                                                
AN UNIDENTIFIED SPEAKER referred to  a feature he called "results                                                               
plus," and said  that this runs a query in  secondary sources and                                                               
details how a case has been applied in other treatises.                                                                         
                                                                                                                                
CHAIR  McGUIRE  characterized  the  Westlaw  features  as  great,                                                               
particularly  from the  viewpoint of  a lawmaker;  being able  to                                                               
quickly  and  easily  research how  other  states  treat  certain                                                               
issues  or what  constitutional issues  have been  raised by  the                                                               
passage of certain laws would be very helpful.                                                                                  
                                                                                                                                
MR. KUBES  relayed that Westlaw  can also show what  a particular                                                               
law looked like in the past  and which provisions have since been                                                               
added or deleted.                                                                                                               
                                                                                                                                
HEATHER NOBREGA, Staff to  Representative Norman Rokeberg, Alaska                                                               
State Legislature,  asked how  many years  that feature  could go                                                               
back.                                                                                                                           
                                                                                                                                
SEVERAL  UNIDENTIFIED SPEAKERS  indicated that  it could  back to                                                               
the late 1980s.                                                                                                                 
                                                                                                                                
AN UNIDENTIFIED  SPEAKER referred  to another feature  that would                                                               
"point up"  any cases that have  been decided within the  last 60                                                               
days that affect a particular statute.                                                                                          
                                                                                                                                
CHAIR McGUIRE  posited that it  would be nice  to be able  to see                                                               
how a law one introduces ultimately gets interpreted.                                                                           
                                                                                                                                
AN UNIDENTIFIED SPEAKER,  in response to a  comment, relayed that                                                               
West's  research  and  development   budget  is  approximately  a                                                               
quarter of a billion dollars every year.                                                                                        
                                                                                                                                
2:21:31 PM                                                                                                                    
                                                                                                                                
AN  UNIDENTIFIED SPEAKER  mentioned  that  Legislative Legal  and                                                               
Research Services has access to Westlaw.                                                                                        
                                                                                                                                
CHAIR  McGUIRE opined  that any  contract entered  into ought  to                                                               
allow for  the direct  use of the  online product  by legislators                                                               
via passwords.                                                                                                                  
                                                                                                                                
AN UNIDENTIFIED  SPEAKER, in response  to a  question, reiterated                                                               
that  Legislative  Legal  and Research  Services  has  access  to                                                               
Westlaw,  and  said that  the  Alaska  State Legislature  already                                                               
purchases  a number  of state  statutes and  other treatises,  in                                                               
print,  from West.    He  added:   We've  been  working with  the                                                               
libraries across  the country  to say, "Hey,  if you'll  agree to                                                               
keep these  books online, we'll  save the ... library  50 percent                                                               
of the ongoing upkeep and [at]  the same time we'll also ... give                                                               
you unlimited use of Westlaw."                                                                                                  
                                                                                                                                
CHAIR McGUIRE  relayed, however, that  it is  nice to be  able to                                                               
access written  statute books and recorders,  particularly during                                                               
a meeting.                                                                                                                      
                                                                                                                                
AN UNIDENTIFIED SPEAKER said that  the legislature could keep the                                                               
printed  materials, but  cut  the cost  of  updating those  books                                                               
while also  giving legislators unlimited access  to Westlaw; this                                                               
could result in a savings of $15,000 a year.                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON opined that  every legislator should have                                                               
access to a  web-based service like Westlaw as well  as access to                                                               
one source of printed materials.                                                                                                
                                                                                                                                
AN UNIDENTIFIED SPEAKER relayed that  Westlaw can also cite other                                                               
court  documents such  as  the collection  of  briefs filed  with                                                               
certain   courts  regarding   a   particular   topic,  and   made                                                               
suggestions for how such information might be used.                                                                             
                                                                                                                                
2:29:04 PM                                                                                                                    
                                                                                                                                
MR. RICHARDS  relayed that  in arranging  for this  overview, the                                                               
speakers had  hoped to provide information  about their company's                                                               
product to [the legislature].                                                                                                   
                                                                                                                                
CRAIG  JOHNSON, Staff  to  Representative  Lesil McGuire,  Alaska                                                               
State Legislature, asked how far  back would a Westlaw product go                                                               
with regard to Alaska statutes.                                                                                                 
                                                                                                                                
SEVERAL UNIDENTIFIED  SPEAKERS relayed that West  has the ability                                                               
to go back a number of years, perhaps as far back as 1994.                                                                      
                                                                                                                                
MR. MILLOY concurred  that the goal of the overview  was to share                                                               
with  the committee  what types  of  information the  legislature                                                               
would  have access  to from  West, and  that West  wants to  make                                                               
itself  available to  the legislature.   He  said that  West does                                                               
business with the state courts  and municipalities, and suggested                                                               
that the  committee research  what other  companies can  offer in                                                               
the way of a similar product.                                                                                                   
                                                                                                                                
CHAIR McGUIRE asked whether attorney  general's opinions would be                                                               
accessible via Westlaw.                                                                                                         
                                                                                                                                
AN UNIDENTIFIED SPEAKER said they would be.                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:32 p.m.                                                                 

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