Legislature(2011 - 2012)CAPITOL 120

01/28/2011 01:00 PM House JUDICIARY


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01:03:31 PM Start
01:04:00 PM Overview: Department of Public Safety
02:05:41 PM Overview: Alaska Court System
02:42:05 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Department Overviews: TELECONFERENCED
Public Safety
Alaska Court System
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        January 28, 2011                                                                                        
                           1:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Steve Thompson, Vice Chair                                                                                       
Representative Wes Keller                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Carl Gatto, Chair                                                                                                
Representative Mike Chenault (alternate)                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:  DEPARTMENT OF PUBLIC SAFETY                                                                                          
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
OVERVIEW:  ALASKA COURT SYSTEM                                                                                                  
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOSEPH A. MASTERS, Commissioner                                                                                                 
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented the overview of the Department of                                                              
Public Safety (DPS).                                                                                                            
                                                                                                                                
HANS BRINKE, Captain, Commander                                                                                                 
Alaska Bureau of Highway Patrol                                                                                                 
Division of Alaska State Troopers                                                                                               
Department of Public Safety (DPS)                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Responded to  a question during the overview                                                             
of the Department of Public Safety (DPS).                                                                                       
                                                                                                                                
DOUG WOOLIVER, Administrative Attorney                                                                                          
Administrative Staff                                                                                                            
Office of the Administrative Director                                                                                           
Alaska Court System (ACS)                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Presented the overview of  the Alaska Court                                                             
System (ACS).                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:03:31 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR STEVE  THOMPSON called  the House  Judiciary Standing                                                             
Committee  meeting  to  order  at   1:03  p.m.    Representatives                                                               
Thompson, Holmes, Keller, and Pruitt  were present at the call to                                                               
order.    Representatives  Lynn  and  Gruenberg  arrived  as  the                                                               
meeting was in progress.  Representative Gatto was excused.                                                                     
                                                                                                                                
^Overview:  Department of Public Safety                                                                                         
             Overview:  Department of Public Safety                                                                         
                                                                                                                                
1:04:00 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the first order  of business                                                               
would be an overview of the Department of Public Safety (DPS).                                                                  
                                                                                                                                
1:08:09 PM                                                                                                                    
                                                                                                                                
JOSEPH  A. MASTERS,  Commissioner,  Department  of Public  Safety                                                               
(DPS) - noting that page  2 of his PowerPoint presentation listed                                                               
the DPS's  five divisions, and  the one board and  three councils                                                               
that are  administratively-housed within the  DPS -  relayed that                                                               
the mission  of the DPS  is to  ensure public safety  and enforce                                                               
fish  and wildlife  laws.   The  priorities of  the  DPS are  law                                                               
enforcement  patrol and  investigations,  rural law  enforcement,                                                               
domestic  violence (DV)  and  sexual  assault programs,  resource                                                               
protection, and  highway safety.   The  Division of  Alaska State                                                               
Troopers is the  DPS's largest and most visible  division and its                                                               
mission is to preserve public  peace, and protect life, property,                                                               
and resources.   In  calendar year 2010,  the Division  of Alaska                                                               
State Troopers  responded to 133,401  service calls,  an increase                                                               
of about 9,000 service calls  from 2009, with approximately 25-30                                                               
percent being criminal in nature;  and investigated 18 homicides,                                                               
9  of  which were  DV  related,  1  of which  was  sexual-assault                                                               
related, 2  of which  involved police  officers from  Hoonah, and                                                               
all but 1 of which have  been solved and the perpetrators brought                                                               
to justice.                                                                                                                     
                                                                                                                                
1:12:41 PM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS  relayed that  the Division of  Alaska State                                                               
Troopers  has   78  cold   cases  that   its  Alaska   Bureau  of                                                               
Investigations  (ABI)  is tracking,  with  20  of them  currently                                                               
being  worked, and  has solved  30 cold  cases, with  11 of  them                                                               
resulting  in  arrests for  the  crime  of  murder in  the  first                                                               
degree.  Referring  to page 3 of his  PowerPoint presentation, he                                                               
then  listed a  few high-profile  murder cases  that either  have                                                               
been or are  in the process of being adjudicated.   Up until last                                                               
year, the  DPS utilized federal  funding for its cold  case unit,                                                               
and  funding  has   since  been  made  permanent   in  the  DPS's                                                               
"operating base budget."  In  calendar year 2010, the Division of                                                               
Alaska  State   Troopers  also  dealt  with   75  marijuana  grow                                                               
operations; 410  prescription drug abuse  cases - up from  216 in                                                               
2009; only 11 methamphetamine laboratories  - down from 80-90 per                                                               
year   prior   to   passage  of   the   methamphetamine-precursor                                                               
legislation; 234 alcohol importation  arrests; 400 sexual assault                                                               
and 363  sexual abuse of  a minor  cases - though  increases from                                                               
last  year in  the numbers  of such  cases might  in part  be the                                                               
result  of  increased  reporting;  [63,099  prisoner  transports,                                                               
8,302  arrest warrants,  and 20,459  writs]; and  789 search  and                                                               
rescue operations, with 389 lives being saved.                                                                                  
                                                                                                                                
1:19:17 PM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS  explained that highway safety  has been one                                                               
of the DPS's  prominent focuses, and so in an  effort to decrease                                                               
the  number   of  vehicular  accidents  in   Alaska  and  improve                                                               
enforcement along  the state's highway safety  corridors, the DPS                                                               
formed the  Alaska Bureau of  Highway Patrol within  the Division                                                               
of Alaska  State Troopers,  and has  been working  in partnership                                                               
with  the  Department  of  Transportation  &  Public  Facilities'                                                               
(DOT&PF's) Alaska Highway  Safety Office (AHSO), as  well as with                                                               
municipal agencies  around the state, to  institute components of                                                               
Alaska's Strategic Highway Safety Plan.   The DPS has also done a                                                               
number of other things specific  to highway safety.  For example,                                                               
the  aforementioned Alaska  Bureau  of Highway  Patrol, which  is                                                               
almost  entirely  federally  funded  via the  AHSO,  now  has  27                                                               
dedicated  troopers,  with  units  in  the  Fairbanks,  Soldotna,                                                               
Matanuska-Susitna (MAT-SU),  and Girdwood regions.   As  a result                                                               
of such  steps, as  well as  because of  an increase  in seatbelt                                                               
usage, the number  of highway fatalities and  serious injuries on                                                               
Alaska's  highways  has decreased,  with  only  57 fatalities  in                                                               
calendar year 2010  and only about 30 percent  of those involving                                                               
a lack  of seatbelt usage.   He then  relayed that the  number of                                                               
alcohol-related  fatalities on  Alaska's highways  also decreased                                                               
in calendar year  2010 - down to just 16,  the lowest number seen                                                               
since about 1977; this can be  attributed to the DOT&PF and DPS's                                                               
efforts regarding enforcement,  education, and engineering, which                                                               
he referred to as the "three Es."                                                                                               
                                                                                                                                
1:24:16 PM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS explained that in  an effort to recruit more                                                               
troopers, Village  Public Safety Officers (VPSOs),  and other law                                                               
enforcement officers from  rural areas of the state,  the DPS had                                                               
its Division  of Alaska State  Troopers work in  partnership with                                                               
the DPS's Police Safety Academy  over in Sitka, the Department of                                                               
Education  and Early  Development  (EED), and  the Department  of                                                               
Labor &  Workforce Development (DLWD)  to start what  he referred                                                               
to as the  law enforcement cadet core program,  which is somewhat                                                               
similar  to  a junior  Reserve  Officers'  Training Corps  (ROTC)                                                               
program but  is law-enforcement  oriented.  The  hope is  that in                                                               
the long  run, more youth will  become interested in a  career in                                                               
law  enforcement.    Referring  to   page  4  of  his  PowerPoint                                                               
presentation, he explained  that in 2008, the  DPS's VPSO program                                                               
only had  47 filled  VPSO positions, resulting  in an  absence of                                                               
any law enforcement  protection in lot of  rural communities, but                                                               
the  administration has  since committed  to adding  15 new  VPSO                                                               
positions [per year  for] 10 years, with 2010 and  2011 being the                                                               
first  two  years.    According  to  a  study  conducted  by  the                                                               
University  of  Alaska's  justice  center,  one  of  the  biggest                                                               
benefits  of having  a  VPSO  in a  community  was  a 40  percent                                                               
decrease in the number of  assaults resulting in serious physical                                                               
injury,  a  250  percent  increase   in  domestic  violence  (DV)                                                               
convictions,  and a  350 percent  increase in  the acceptance  of                                                               
sexual assault cases for prosecution.                                                                                           
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
COMMISSIONER MASTERS went on to explain  that the DPS had 70 VPSO                                                               
positions  filled in  2009, 83  VPSO positions  filled in  2010 -                                                               
though current funding allows for  86 VPSO positions to be filled                                                               
-  and the  [FY  12] budget  is  going to  provide  for 101  VPSO                                                               
positions.   One  of the  biggest barriers  to bringing  VPSOs on                                                               
board in  rural communities  has been a  lack of  housing, though                                                               
the administration has been attempting  to address that issue via                                                               
Alaska Housing Finance Corporation  (AHFC) funding.  He indicated                                                               
that the  number of cases  VPSOs worked  over the last  few years                                                               
totaled  about 6,000;  these were  cases  that probably  wouldn't                                                               
have been  worked at all,  if not  for the VPSO's,  because there                                                               
just weren't enough  state troopers to send out  to the villages.                                                               
He noted that the DPS's  forthcoming budget is requesting funding                                                               
for   an   additional   three  trooper   positions   that   would                                                               
specifically  provide  support  to  VPSOs and  liaison  with  the                                                               
communities   and  contracting   nonprofit  corporations;   these                                                               
troopers  are  expected  to  have  a  meaningful  impact  on  the                                                               
placement and  retention of VPSOs.   He also indicated  that many                                                               
of the  new VPSOs  either would  be or are  serving areas  of the                                                               
state that fall  under the purview of the  Association of Village                                                               
Council Presidents (AVCP).                                                                                                      
                                                                                                                                
1:32:00 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS,  referring to  page  5  of his  PowerPoint                                                               
presentation,  indicated that  the  Division  of Alaska  Wildlife                                                               
Troopers is focused on the  enforcement of Alaska's fish and game                                                               
laws;  preserving   the  public   peace;  and   protecting  life,                                                               
property,  and  resources.   For  example,  such  troopers  often                                                               
address the issue  of boating safety.  In 2010,  the division had                                                               
89,312  "resource user  contacts"  and  [10,702] "boating  safety                                                               
contacts," and dealt with 11  recreational [boating] fatalities -                                                               
down from 12  in 2009, 14 in  2008, and 17 in 2007.   These large                                                               
numbers of  contacts have resulted in  increased compliance rates                                                               
and decreased  violation rates;  for example,  in 2010,  only 4.3                                                               
percent of  contacts involved  violations -  down from  about 8.5                                                               
percent [in 2008].   Boating safety issues  are addressed jointly                                                               
with the  Department of Natural  Resources' (DNR's)  [Division of                                                               
Parks &  Outdoor Recreation], though generally  it's the Division                                                               
of Alaska  Wildlife Troopers  that makes  the contacts  and deals                                                               
with enforcement.   Still referring  to page 5 of  his PowerPoint                                                               
presentation,  he  provided  some  information  about  the  three                                                               
situations listed involving the  enforcement of Alaska's fish and                                                               
game laws.                                                                                                                      
                                                                                                                                
1:35:20 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS -  referring to  page 6  of his  PowerPoint                                                               
presentation,  which  addressed the  Division  of  Fire and  Life                                                               
Safety - relayed that in  2010, there were 12 fatalities stemming                                                               
from   residential  fires;   1,940   building  inspections   were                                                               
completed;   1,356    [building]   plans   were    reviewed;   11                                                               
jurisdictions were deferred due  to insufficient staff within the                                                               
division; and the division's Training  and Education Bureau (TEB)                                                               
was very  active in  its efforts to  educate children  about fire                                                               
safety.  Referring  to page 7 of his  PowerPoint presentation, he                                                               
explained that the Division of  Statewide Services is responsible                                                               
for  maintaining the  Alaska  Public  Safety Information  Network                                                               
(APSIN),  Alaska's   sex  offender   registry,  and   the  Alaska                                                               
Automated   Fingerprint   Identification   System   (AAFIS);   is                                                               
responsible   for  concealed   handgun  permits,   [licensing  of                                                               
security guards  and civilian  process servers,]  and registering                                                               
sex offenders; and has been  doing a lot to increase efficiencies                                                               
and enhance its ability to  interface with the other agencies and                                                               
departments  that  utilize  the aforementioned  databases  -  for                                                               
example,  the  scheduled  re-design   of  the  APSIN  is  nearing                                                               
completion,    and    the    extreme   backlog    of    requested                                                               
fingerprint/background checks has  been dramatically reduced such                                                               
that  turnaround on  such requests  is now  only 3-5  days rather                                                               
than the 150 days that it used to take.                                                                                         
                                                                                                                                
1:41:39 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS,  referring to  page  8  of his  PowerPoint                                                               
presentation, relayed that the Office  of the Commissioner, in an                                                               
effort  to improve  accountability  and  efficiencies within  the                                                               
department, computerized  the complaint process,  and established                                                               
an  Office  of Professional  Standards,  which  has two  external                                                               
investigators    who   are    responsible   for    all   internal                                                               
investigations.     Referring  to  page   9  of   his  PowerPoint                                                               
presentation,  he explained  that construction  of the  new crime                                                               
detection  laboratory ("crime  lab") is  proceeding on  schedule,                                                               
with an  anticipated move-in/start-up  date of  July/August 2012.                                                               
[In 2010],  4756 cases were submitted  to the crime lab,  with 78                                                               
percent of  those cases having  a turnaround  time of 30  days or                                                               
less; there  were 71 database  hits; the crime lab's  backlog [of                                                               
deoxyribonucleic   acid   (DNA)    samples   for   testing]   was                                                               
significantly reduced  such that it  now contains no  cases older                                                               
than 2009;  and there is  now only  a 30-day turnaround  time for                                                               
Combined DNA Index System (CODIS) samples.                                                                                      
                                                                                                                                
COMMISSIONER MASTERS,  in response to a  question, explained that                                                               
it would be  up to the AHSO to determine  whether to continue the                                                               
aforementioned  federal  funding  of the  27  dedicated  troopers                                                               
within the  Alaska Bureau  of Highway  Patrol; that  the original                                                               
funding  request  was  submitted  to  the  AHSO  as  a  five-year                                                               
project;  and  that  future  funding  should  still  be  possible                                                               
through grants.                                                                                                                 
                                                                                                                                
1:50:15 PM                                                                                                                    
                                                                                                                                
HANS  BRINKE,  Captain,  Commander,   Alaska  Bureau  of  Highway                                                               
Patrol, Division  of Alaska State Troopers,  Department of Public                                                               
Safety (DPS), added that the  current federal funding through the                                                               
AHSO is  anticipated to continue  until 2013, and  indicated that                                                               
funding extensions should be possible after that.                                                                               
                                                                                                                                
COMMISSIONER MASTERS,  in response to other  questions, indicated                                                               
that  the base  pay  for  VPSOs has  increased  from $17/hour  to                                                               
$21/hour;  that if  a  VPSO  also performs  probation/parole-type                                                               
services for  the Department of  Corrections (DOC),  his/her base                                                               
pay could  increase to $23-$24/hour;  that whenever the  DPS asks                                                               
the  legislature  for  a  cost-of-living  adjustment  (COLA)  for                                                               
troopers, the  DPS also  asks for a  commensurate one  for VPSOs;                                                               
and  that  approximately 65-70  rural  communities  have a  VPSO,                                                               
though some  of the larger  rural communities have more  than one                                                               
VPSO.                                                                                                                           
                                                                                                                                
1:56:35 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  MASTERS,  in  response to  comments  and  questions                                                               
regarding  the Alcoholic  Beverage Control  Board ("ABC  Board"),                                                               
clarified  that the  ABC Board  was originally  housed under  the                                                               
Department of Revenue (DOR); that the  ABC Board was moved to the                                                               
DPS  during  the  Murkowski   Administration;  and  that  pending                                                               
legislation proposing to  move the ABC Board from the  DPS to the                                                               
Department of Commerce, Community  & Economic Development (DCCED)                                                               
was  not  introduced  by  the administration.    In  response  to                                                               
another  question,  he  explained that  village  police  officers                                                               
(VPOs) get  significantly less training  than VPSOs -  only about                                                               
two weeks' worth  of training; that what little  training VPOs do                                                               
get  is  conducted  by  the Division  of  Alaska  State  Troopers                                                               
through a federal  Department of Justice (DOJ)  Bureau of Justice                                                               
Assistance  (BJA)  grant;  that  VPOs are  hired  and  funded  by                                                               
villages  - sometimes  only temporarily  and/or only  part-time -                                                               
whereas VPSOs  are hired and  funded by  nonprofit [corporations]                                                               
under contract with the DPS; and  that the turnover rate of VPOs,                                                               
of which there are currently 105, is very high.                                                                                 
                                                                                                                                
COMMISSIONER MASTERS,  in response to further  questions, relayed                                                               
that the Division of Alaska  State Troopers has 14 vacancies, and                                                               
the Division  of Alaska Wildlife  Troopers has 7  vacancies; that                                                               
the DPS is anticipating filling  the bulk of those positions very                                                               
soon;  that  each  year,  the  DPS  holds  two  "joint  municipal                                                               
academies," one "training class  ... sponsored through the Alaska                                                               
Police Standards Council (APSC)  for municipal agencies," and one                                                               
VPSO   training  academy;   that  the   DPS  has   recently  been                                                               
experiencing  higher retention  rates for  VPSOs, possibly  for a                                                               
number of reasons such as  the aforementioned increases in wages,                                                               
the  focus on  the  program, training,  and  mentoring, and  more                                                               
trooper  visits   to  communities;   that  it's   the  individual                                                               
nonprofit  corporation hiring  a  VPSO that  determines what  the                                                               
VPSO's wages, benefit  package, and retirement plan  will be; and                                                               
that VPSOs are not members of any collective bargaining unit.                                                                   
                                                                                                                                
^Overview:  Alaska Court System                                                                                                 
                 Overview:  Alaska Court System                                                                             
                                                                                                                                
2:05:41 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the final order  of business                                                               
would be an overview of the Alaska Court System (ACS).                                                                          
                                                                                                                                
2:06:22 PM                                                                                                                    
                                                                                                                                
DOUG  WOOLIVER,  Administrative Attorney,  Administrative  Staff,                                                               
Office  of  the  Administrative  Director,  Alaska  Court  System                                                               
(ACS), explained that  the ACS is just one of  the three parts of                                                               
the judicial  branch of government; that  its funding constitutes                                                               
less  than  1.5 percent  of  the  budget;  that  it has  its  own                                                               
internal administration; and that  it's different than most court                                                               
systems around the country in that  it's a unified court system -                                                               
one of  only eight wherein there  is just one court  entity - and                                                               
one of  only five that  gets its funding exclusively  through the                                                               
legislature.     The  position  of  administrative   director  is                                                               
provided  for in  the Alaska  State Constitution,  and he/she  is                                                               
hired  directly by  the Alaska  Supreme Court.   Alaska  has four                                                               
judicial  districts:   the  First  Judicial District  encompasses                                                               
Southeast  Alaska;  the   Second  Judicial  District  encompasses                                                               
northern  Northwestern   Alaska;  the  Third   Judicial  District                                                               
encompasses   Southcentral  Alaska;   and  the   Fourth  Judicial                                                               
District encompasses Interior  Alaska.  There are  four levels of                                                               
court:   the Alaska Supreme  Court; the Alaska Court  of Appeals;                                                               
the Alaska  Superior Court;  and Alaska's  district courts.   The                                                               
Alaska Supreme Court has five  justices, and must hear appeals on                                                               
all  cases over  which it  has jurisdiction,  except for  appeals                                                               
pertaining   to  criminal   cases  because   those  are   handled                                                               
exclusively   by  the   Alaska  Court   of  Appeals,   which  was                                                               
established in  1980 specifically  for the purpose  of addressing                                                               
the Alaska Supreme Court's criminal-case workload.                                                                              
                                                                                                                                
2:11:16 PM                                                                                                                    
                                                                                                                                
MR.  WOOLIVER  explained  that   the  Alaska  Superior  Court  is                                                               
Alaska's  court  of general  jurisdiction,  and  has 40  superior                                                               
court judges  in 13 locations.   The  most common types  of cases                                                               
the Alaska Superior Court hears  are felony criminal cases, civil                                                               
cases  addressing   monetary  amounts  in  excess   of  $100,000,                                                               
domestic  relations cases,  child in  need of  aid (CINA)  cases,                                                               
juvenile  justice  cases,  and  cases  involving  real  property.                                                               
About one-third of the Alaska  Superior Court's caseload pertains                                                               
to  children  - custody  cases,  CINA  cases, delinquency  cases.                                                               
Such cases  engender a  lot of complaints  which, in  turn, often                                                               
engender reforms  of Alaska's  laws.   Most such  cases, however,                                                               
are handled  by Alaska's district  courts; for example,  in 2010,                                                               
the  Alaska  Superior  Court only  handled  about  21,000  [such]                                                               
cases,  whereas Alaska's  district courts  handled about  140,000                                                               
cases.     Alaska's  district  courts   are  courts   of  limited                                                               
jurisdiction,  and  they  also   hear  misdemeanor  cases,  cases                                                               
involving  violations,  small  claims   cases,  and  civil  cases                                                               
addressing monetary  amounts not  exceeding $100,000.   There are                                                               
21  district court  judges in  9 locations,  and 43  magistrates,                                                               
which are  a subclass of  district court judge, in  36 locations.                                                               
Magistrates  - who  are simply  employees of  the court  system -                                                               
hear  cases involving  violations,  domestic  violence (DV),  and                                                               
restraining orders,  as well a  lot of misdemeanor  cases wherein                                                               
the defendant has given his/her consent.                                                                                        
                                                                                                                                
2:14:46 PM                                                                                                                    
                                                                                                                                
MR.  WOOLIVER  explained  that  [in  2010,]  between  the  Alaska                                                               
Superior  Court  and  Alaska's district  courts,  Alaska's  trial                                                               
courts had  162,000 cases - an  increase of about 5  percent from                                                               
2009.   Separately,  the Alaska  Superior Court  experienced a  6                                                               
percent increase, and Alaska's district  courts experienced a 4.7                                                               
percent   increase,  with   [substantial]  increases   in  felony                                                               
filings, and  cases involving domestic violence,  sexual assault,                                                               
and  stalking  contributing  to those  overall  increases.    The                                                               
courts'  workloads,  although driven  largely  by  the number  of                                                               
filings, are  also driven by  the amount of work  associated with                                                               
different types of cases.  For  example, a recent increase in the                                                               
number  of people  who come  to  court seeking  to resolve  their                                                               
cases without  benefit of an attorney  is having a big  impact on                                                               
the  courts' workloads  because such  people tend  to file  a lot                                                               
more motions,  don't always  stick to the  legal issues  that the                                                               
courts  are required  to resolve,  and routinely  don't have  all                                                               
their paperwork  in order.  The  courts, therefore, have to  do a                                                               
lot to make  the process easier for  unrepresented litigants, and                                                               
one of the things the ACS  has done is establish what he referred                                                               
to as a "family law  self-help center" that provides callers with                                                               
information about how  to proceed with a case in  court.  The ACS                                                               
believes  that one  shouldn't have  to  have a  lawyer to  access                                                               
Alaska's legal system.                                                                                                          
                                                                                                                                
2:18:17 PM                                                                                                                    
                                                                                                                                
MR. WOOLIVER explained  that the ACS, in an effort  to reduce the                                                               
recidivism   rates  of   those  offenders   with  substance-abuse                                                               
problems  or  mental  health problems,  has  established  several                                                               
therapeutic  courts,  and  these  have  been  very  effective  at                                                               
reducing recidivism rates  and providing a more  humane and cost-                                                               
effective way of dealing with  what are often just minor offenses                                                               
or  non-violent misdemeanor  crimes committed  by people  who are                                                               
generally  law abiding  except when  they abuse  drugs/alcohol or                                                               
stop taking  their medication.   He went  on to explain  that the                                                               
ACS  has a  whole body  of rules  under which  it operates  - the                                                               
Alaska Rules of  Court; these rules, which govern  how the courts                                                               
work and establish  how various types of cases  must move through                                                               
the system, can be and  routinely are amended by the legislature,                                                               
or  by committees  formed [within  the ACS]  to address  specific                                                               
provisions of  the Alaska  Rules of Court.   Changes  proposed by                                                               
such committees  must be  approved by  the Alaska  Supreme Court,                                                               
whereas changes proposed  by the legislature must  receive a two-                                                               
thirds affirmative vote from both bodies.                                                                                       
                                                                                                                                
2:22:31 PM                                                                                                                    
                                                                                                                                
MR. WOOLIVER  explained that in  addition to specific  court rule                                                               
changes proposed  by the legislature, legislation  in general can                                                               
affect  the  courts  in  any   number  of  ways.    For  example,                                                               
legislation  can  add  new offenses  to  the  criminal  statutes,                                                               
thereby  increasing the  number  of cases  that  come before  the                                                               
courts;  legislation  can  increase  the  penalties  for  certain                                                               
offenses, thereby  increasing the  trial rate  for some  types of                                                               
cases;    and    legislation    can    increase    the    courts'                                                               
responsibilities,   thereby   requiring   the  courts   to   take                                                               
additional steps.   However, typically  [the ACS] doesn't  take a                                                               
supporting  or  opposing  position on  legislation,  unless  it's                                                               
legislation  that the  ACS  has specifically  asked  for or  it's                                                               
legislation  that  specifically  addresses   [the  ACS]  and  its                                                               
internal operations.   A few  reasons for typically not  taking a                                                               
position  on legislation  are that  the ACS  recognizes that  the                                                               
legislature is the primary body  that sets public policy; many of                                                               
the  bills  that  are  passed  will come  before  the  court  for                                                               
interpretation or  because they are challenged  on constitutional                                                               
grounds;  and   judges  can  disagree  with   regard  to  whether                                                               
particular   legislation   should   be  supported   or   opposed.                                                               
Generally,  therefore, he  simply provides  the legislature  with                                                               
information about  how particular pieces of  proposed legislation                                                               
might impact the courts.                                                                                                        
                                                                                                                                
2:26:09 PM                                                                                                                    
                                                                                                                                
MR.  WOOLIVER explained  that  the ACS  also  interacts with  the                                                               
executive  branch  in a  couple  of  ways:   one,  in  day-to-day                                                               
interactions with the  rest of the justice system  - the Division                                                               
of  Motor Vehicles  (DMV), the  Department of  Corrections (DOC),                                                               
the  Department of  Law (DOL),  the Department  of Public  Safety                                                               
(DPS),  the   Public  Defender  Agency   (PDA),  the   Office  of                                                               
Children's Services  (OCS), the Office of  Public Advocacy (OPA),                                                               
and the Division  of Juvenile Justice (DJJ), to name  a few; and,                                                               
two,  formally,  through its  court  rule  committees [and  other                                                               
committees]  which also  have  various  representatives from  the                                                               
administration  as members.    To highlight  the  latter type  of                                                               
interaction,  he then  provided some  information about  a couple                                                               
such committees  - the "criminal  justice working group"  and the                                                               
Multi-Agency  Justice   Integration  Consortium  (MAJIC)   -  and                                                               
indicated that  some of the  problems these two groups  have been                                                               
seeking   to  resolve   are  those   related  to   discovery,  in                                                               
particular, and  to the transfer of  information between criminal                                                               
justice agencies, in general.                                                                                                   
                                                                                                                                
MR. WOOLIVER emphasized that the  criminal justice system and the                                                               
civil justice  system are just that  - systems composed of  a lot                                                               
of different  but interrelated  entities.   This means  that when                                                               
laws are  changed for one part  of the system, it  creates issues                                                               
for all  the other  parts - those  interrelated entities  have no                                                               
control over  such changes but  must deal with  them nonetheless.                                                               
For  example,  if the  legislature  provides  the DPS  with  more                                                               
funding for additional  troopers, that will result  in more cases                                                               
being referred to the DOL's  prosecutors, and in more cases going                                                               
through the court  system, and in more cases  getting assigned to                                                               
the PDA, and  in more defendants going  to the DOC.   The ACS has                                                               
to accept  every case  filed by  the prosecutor,  the PDA  has to                                                               
accept every  case assigned to it  by the court, and  the DOC has                                                               
to  find a  way  to deal  with every  person  delivered into  its                                                               
custody.                                                                                                                        
                                                                                                                                
2:31:38 PM                                                                                                                    
                                                                                                                                
MR.  WOOLIVER explained  that the  Alaska Judicial  Council (AJC)                                                               
and   the   Commission  on   Judicial   Conduct   (CJC)  -   both                                                               
constitutionally-created entities  - are the  other two  parts of                                                               
the judicial branch of government.   The AJC accepts applications                                                               
for judicial positions, interviews  and reviews those applicants,                                                               
and then sends a list of  names to the governor, who then selects                                                               
from that list  his/her appointments to the bench.   The AJC also                                                               
reviews judges  up for retention,  and conducts  numerous studies                                                               
of the  criminal justice system.   The  CJC enforces the  code of                                                               
judicial  conduct,  and  makes   recommendations  to  the  Alaska                                                               
Supreme Court when violations occur.                                                                                            
                                                                                                                                
MR. WOOLIVER, in response to  questions, said that he isn't aware                                                               
of  any problems  judges  are having  with  regard to  exercising                                                               
their  right   of  free  speech;  that   forthcoming  legislation                                                               
introduced  by  the  ACS  through  the  House  and  Senate  Rules                                                               
Standing  Committees  is  proposing  to add  two  more  [superior                                                               
court] judges  to the  Third Judicial  District's civil  bench in                                                               
order to  address last year's  increase in case filings;  that he                                                               
doesn't  believe the  Alaska Supreme  Court has  any interest  in                                                               
unifying Alaska's lower  courts or sees any benefit  to doing so;                                                               
that  he  would research  the  issue  of grants  for  therapeutic                                                               
courts  further;  that  court  rule  committee  members  -  often                                                               
considered to be experts on  a particular subject - are appointed                                                               
by the Alaska Supreme Court;  that how often such committees meet                                                               
varies  a lot  depending on  the  committee; that  copies of  the                                                               
Alaska  Rules  of   Court  contain  a  listing   of  the  various                                                             
committees and their members; that  he would research how many of                                                               
the members  of those  committees work  for the  executive branch                                                               
and how many  work for the legislative branch;  and that although                                                               
crime rates are generally going down  in most areas of the state,                                                               
the number  of case filings  is frequently going up,  though such                                                               
might be due to increased efficiencies, staff, and enforcement.                                                                 
                                                                                                                                
2:42:05 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:42 p.m.                                                                 

Document Name Date/Time Subjects
HJUD Department Overview-Public Safety 012811.pdf HJUD 1/28/2011 1:00:00 PM
Department of Public Safety
HJUD Alaska Court System Legislative Liaison Doug Wooliver Bio 012811.pdf HJUD 1/28/2011 1:00:00 PM
Alaska Court System
HJUD Public Safety Commissioner Joseph Masters Bio 012811.pdf HJUD 1/28/2011 1:00:00 PM
Department of Public Safety