Legislature(2003 - 2004)

02/05/2003 01:32 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        February 5, 2003                                                                                        
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Scott Ogan                                                                                                              
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
Alaska Court System Overview                                                                                                    
                                                                                                                                
TAPES                                                                                                                         
                                                                                                                                
03-02, SIDES A & B [SENATE JUD TAPE]                                                                                            
                                                                                                                                
CHAIR RALPH SEEKINS convened the  meeting of the Senate Judiciary                                                             
Standing  Committee at  1:32 p.m.   The  quorum present  included                                                               
Senator French,  Senator Therriault  and Chair Seekins.   Senator                                                               
Ellis arrived at 1:32 and Senator Ogan arrived at 1:40.                                                                         
                                                                                                                                
CHAIR    SEEKINS    introduced    Chris    Christensen,    Deputy                                                               
Administrative  Director,   and  Doug   Wooliver,  Administrative                                                               
Attorney of the  Alaska Court System and invited  them to proceed                                                               
with the Alaska Court System Overview.                                                                                          
                                                                                                                                
MR.  CHRIS CHRISTENSEN,  Deputy  Administrative  Director of  the                                                               
Alaska  Court  System, said  legislative  members  would see  Mr.                                                               
Wooliver  and  himself  frequently   during  the  course  of  the                                                               
legislative session  and they were  pleased to be  presenting the                                                               
overview.                                                                                                                       
                                                                                                                                
     The  framers of  the  U.S. Constitution  wanted to  put                                                                    
     together   a  system   of  government   that  protected                                                                    
     individual  liberty by  preventing the  government from                                                                    
     becoming too powerful.  They  looked to the writings of                                                                    
     an  18th  century  French political  philosopher  named                                                                    
     Montesquieu.  He  was a gentleman who came  up with all                                                                    
     kinds of [indis.] separation of  powers.  He identified                                                                    
     three   specific   types    of   governmental   powers:                                                                    
     legislative, executive and judicial.   And he theorized                                                                    
     that  if   you  put  government  into   three  separate                                                                    
     entities, gave each  one of them a  separate power that                                                                    
     each   would   jealously   safeguard  its   own   turf.                                                                    
     Government   wouldn't  become   all-powerful  and   the                                                                    
     liberty of the  individual would be protected.   So our                                                                    
     federal  government  and  the  governments  of  all  50                                                                    
     states have been organized on this model.                                                                                  
                                                                                                                                
     I  think  what's  interesting   about  Alaska  is  that                                                                    
     constitutional  scholars   generally  agree   that  the                                                                    
     Alaska Constitution  has created the  purest separation                                                                    
     of powers of  any of the 50 states.   And that's really                                                                    
     not surprising if  you think about it.   The framers of                                                                    
     our constitution got together  in Fairbanks back in the                                                                    
     mid-50s,  called themselves  Democrats and  they called                                                                    
     themselves Republicans but the  kind of folks who lived                                                                    
     in Alaska back then were  very much Libertarians.  They                                                                    
     were  trying to  break  the shackles  that the  federal                                                                    
     government had placed on the  territory.  They wanted a                                                                    
     system that maximized  individual liberty and minimized                                                                    
     the ability of the new  state to restrict that liberty.                                                                    
     So  in   Alaska  we  have   three  branches   plus  the                                                                    
     University.   And just  as an  aside, there  has always                                                                    
     been a  debate as to  what the University  actually is.                                                                    
     Some say  it is  part of the  executive branch  and say                                                                    
     it's  an entity  outside  the  three branch  structure.                                                                    
     Not  surprisingly, the  University says  the latter  as                                                                    
     the executive branch that says the former.                                                                                 
                                                                                                                                
     The  legislature and  the judiciary  together are  very                                                                    
     tiny.   Together we  make up less  than two  percent of                                                                    
     the state  budget, the executive branch  is 87 percent,                                                                    
     the University  is 11  percent.   Other than  size, the                                                                    
     judiciary  is similar  to  the  legislature in  another                                                                    
     important way;  the executive is headed  by one person,                                                                    
     everyone works  for that person, power  flows down from                                                                    
     the  top.   The legislature  on the  other hand  has 60                                                                    
     officers,   each   with   an  independent   face   with                                                                    
     constitutional power.   The judiciary has  59 officers,                                                                    
     each with  a face of  constitutional power.   So that's                                                                    
     how the judiciary and the legislature are alike.                                                                           
                                                                                                                                
     Maybe more  important is how  and why our  branches are                                                                    
     different.   The judiciary  is generally  considered by                                                                    
     political scientists  to be the  least powerful  of the                                                                    
     three branches.  At the  federal level the Constitution                                                                    
     was drafted  so that  Congress was most  powerful, then                                                                    
     the executive, then the judiciary.   And of course that                                                                    
     power structure  has shifted over the  last two hundred                                                                    
     years as a lot of power  has moved from Congress to the                                                                    
     executive.   The framers of our  constitution drafted a                                                                    
     constitution so  that the executive  would be  the most                                                                    
     powerful  then  the  legislature  then  the  judiciary.                                                                    
     Power  has  also  shifted  in  Alaska  again  from  the                                                                    
     legislature  to  the  executive, making  the  executive                                                                    
     even  more  powerful  than  it   was  at  the  time  of                                                                    
     statehood.   I  think one  example of  this, maybe  the                                                                    
     best  example,  is the  120  day  session limit,  which                                                                    
     keeps the  legislature out of  - out of  session longer                                                                    
     than it  used to be.   And when the legislature  is out                                                                    
     of session  it increases  the governor's  power because                                                                    
     there are many things you can't do to restrict it.                                                                         
                                                                                                                                
     The primary  reason that the  judiciary has  less power                                                                    
     than  the other  two  branches is  because the  supreme                                                                    
     court is  almost purely reactive.   It  generally can't                                                                    
     initiate the use  of its most significant  power and it                                                                    
     generally can't  act quickly.   Someone  has to  file a                                                                    
     case,  the  case  has  to  proceed  through  the  trial                                                                    
     courts, someone  then has to  appeal the case  and only                                                                    
     then does the  supreme court get to  exercise its power                                                                    
     and this might be several years down the road.                                                                             
                                                                                                                                
     The other  major difference  between the  judiciary and                                                                    
     the legislature  goes to the  heart of the  system that                                                                    
     the  framers  were trying  to  set  up to  insure  that                                                                    
     liberty was protected.  In  our society the legislature                                                                    
     is  the majoritarian  institution.    Its members  were                                                                    
     elected  and  thus its  focus  is  on implementing  the                                                                    
     perceived will of  the majority.  The courts  are not a                                                                    
     majoritarian institution and  this was very intentional                                                                    
     but people frequently  ask why is it.   In a democracy,                                                                    
     you  have an  institution that  is not  majoritarian in                                                                    
     any  [indisc.]. I  think the  answer is  pretty simple,                                                                    
     you look to  the writings of James Madison,  the man we                                                                    
     call the  father of the  constitution, the man  who had                                                                    
     the greatest  role in drafting  our Bill of  Rights, he                                                                    
     said that  the majority in  a democracy was  capable of                                                                    
     behaving just  as tyrannically  as the  worst dictator.                                                                    
     He thought that  you needed to check  the majority with                                                                    
     a  written Bill  of  Rights, which  is  of course  very                                                                    
     different from  our mother country England  and have an                                                                    
     independent judiciary  to enforce  the Bill  of Rights.                                                                    
     Now when  I say minority,  Mr. Chairman of course  I am                                                                    
     not just referring  to groups, I am  also talking about                                                                    
     the  ultimate minority,  which is  the individual.   So                                                                    
     this is why you  will occasionally find the legislature                                                                    
     at odds  with the courts.   If  you look back  over the                                                                    
     decades since statehood it doesn't  matter who has been                                                                    
     in  control of  the  legislature,  sometimes it's  been                                                                    
     Democrats,  sometimes Republican,  sometimes it's  been                                                                    
     coalitions  lead   by  rural  interests  or   by  urban                                                                    
     interests,   sometimes   by  liberals   and   sometimes                                                                    
     conservatives.  And  one thing all those  groups had in                                                                    
     common   is  that   when  they   are   in  power   they                                                                    
     occasionally get frustrated with  the courts because it                                                                    
     responds to  a lawsuit.   Very occasionally,  not often                                                                    
     but occasionally,  the courts  will tell whoever  is in                                                                    
     power; "No you can't do that."                                                                                             
                                                                                                                                
     Mr.  Chairman  this is,  this  is  a  lot of  very  dry                                                                    
     political theory  so let's maybe  talk about  some more                                                                    
     practical stuff.  In our  dealings with the legislature                                                                    
     you will  note two  major differences in  your dealings                                                                    
     with  the  executive branch.    First,  more pieces  of                                                                    
     legislation affect  us than any  other entity.   That's                                                                    
     why you will see - see me  and see Doug as often as you                                                                    
     will.  Unlike the  executive, we almost invariably take                                                                    
     no  position on  that legislation.   The  supreme court                                                                    
     believes that  this is your  forum, you're here  to set                                                                    
     the public policy in this  forum and it's inappropriate                                                                    
     for it to tell you that  something is good or bad.  The                                                                    
     only time  we'll take a  position on legislation  is if                                                                    
     it's  a   bill  that  directly  impacts   the  internal                                                                    
     operation of  the judicial branch.   [Indisc.] sessions                                                                    
     without seeing anything like that.   What we will do is                                                                    
     tell  you what  something  will cost  and suggest  ways                                                                    
     that  you can  accomplish your  goals more  cheaply and                                                                    
     look  through  writes   of  legislation  for  technical                                                                    
     problems.   The  other major  difference you'll  see in                                                                    
     your dealings  with us is  that we don't have  the veto                                                                    
     to  threaten you  with.   The judiciary  is the  branch                                                                    
     that says please when it deals with the legislature.                                                                       
                                                                                                                                
     Mr.  Chairman, civil  and criminal  justice  is a  core                                                                    
     governmental  function.     It's  not   something  that                                                                    
     government does because it wants  to do, it's something                                                                    
     that it  does because it has  to do.  I  mean you can't                                                                    
     think of  many reasons for  government to exist  if not                                                                    
     to  provide for  a criminal  justice system  to protect                                                                    
     the public and  a civil justice system  to allow people                                                                    
     to  settle their  disputes  without  engaging in  self-                                                                    
     help.                                                                                                                      
                                                                                                                                
     Now while  this is  not the  Finance Committee,  all of                                                                    
     you will deal  with fiscal issues during  the course of                                                                    
     this  session  either  in caucus  or  in  your  finance                                                                    
     subcommittees or as  you look at the  fiscal notes that                                                                    
     are  attached   to  pieces   of  legislation   in  this                                                                    
     committee.    I think  it  is  important therefore,  to                                                                    
     point  out one  major  difference between  us and  most                                                                    
     other  governmental  entities and  that  is  we have  a                                                                    
     complete  inability   to  control  our   workload.  Our                                                                    
     function is constitutionally  mandated; cases are filed                                                                    
      by individuals, by businesses, by for-profit and non-                                                                     
     profit  organizations,  by   municipal  government,  by                                                                    
     state   and  federal   government,  by   residents  and                                                                    
     nonresidents.  We  have to take every  single case that                                                                    
     comes  through the  door.   We  do not  have the  legal                                                                    
     ability to say no.   For many governmental agencies, if                                                                    
     they stop providing a service  the workload simply goes                                                                    
     away.  At the courts it's  not like that, we could shut                                                                    
     a courthouse  in a certain community  that doesn't mean                                                                    
     that people are  going to stop committing  crime in the                                                                    
     community  or  they're going  to  stop  wanting to  get                                                                    
     divorced  or  they're  going to  stop  causing  traffic                                                                    
     accidents or  having disputes over  contracts, children                                                                    
     are not  going to stop being  abused.  The work  is all                                                                    
     still  there,  it  just  moves   to  the  next  nearest                                                                    
     courthouse.                                                                                                                
                                                                                                                                
     Right  now, we  have  a total  of  about 720  permanent                                                                    
     employees  in 43  locations.   While  the Alaska  Court                                                                    
     System  is almost  the entire  judicial branch,  we are                                                                    
     about  99  percent  of  the  judicial  branch;  we  are                                                                    
     actually   smaller    than   many    executive   branch                                                                    
     departments.    About 77  percent  of  our budget  [is]                                                                    
     personnel costs, which is a  very, very high percentage                                                                    
     and 70 percent of our employees  are paid at a range 15                                                                    
     or less.   This is not  a high paid operation.   To put                                                                    
     this in  perspective, the  Department of  Public Safety                                                                    
     has almost the  exact same number of  employees that we                                                                    
     do but  their budget is  almost, is more than  twice as                                                                    
     big.    This  is   because  they  have  very  expensive                                                                    
     equipment   needs  for   cars   and  airplanes,   radio                                                                    
     equipment, they  operate the crime  lab.  They  are not                                                                    
     just personnel costs.   And, again, about  one third of                                                                    
     their employees are state troopers  who, because of the                                                                    
     nature  of   their  function  and  the   training  they                                                                    
     receive, are  compensated, have to be  compensated at a                                                                    
     much higher level than clerical employees.                                                                                 
                                                                                                                                
     In Alaska,  we have what's called  a unified judiciary.                                                                    
     This is  very rare;  only eight  states have  a unified                                                                    
     judiciary.   By unified I  mean that there is  only one                                                                    
     court  system here.   Most  states, they  have a  state                                                                    
     court,  they'll   have  county  courts,   they'll  have                                                                    
     municipal courts and they divide up the caseload.                                                                          
                                                                                                                                
     In  Alaska the  entire budget  of the  court system  is                                                                    
     provided from one  source, the legislature appropriates                                                                    
     it.   This is  also very unusual;  there are  only five                                                                    
     states  in which  the legislature  provides the  entire                                                                    
     budget.  In many other  places, in places with multiple                                                                    
     courts, of course  perhaps the county will  pay for the                                                                    
     county court  system or they  will force the  county to                                                                    
     provide buildings for the state court system.                                                                              
                                                                                                                                
     We also  have one other  very unusual feature  and that                                                                    
     is   the   director   of  the   court   system   is   a                                                                    
     constitutional officer.  We -  this court system unlike                                                                    
     many outside is  run by what you might  call the strong                                                                    
     city manager.  You have  a supreme court, which is made                                                                    
     up  of very  bright  attorneys who  set general  policy                                                                    
     guidelines.    And  the  day-to-day  operation  of  the                                                                    
     institution  is  conducted  by  a  court  professional,                                                                    
     someone  who  has  been   trained  and  experienced  at                                                                    
     actually managing a court, a court system.                                                                                 
                                                                                                                                
     Now  if  you take  these  three  factors together,  the                                                                    
     unified  judiciary, the  single source  of funding  and                                                                    
     the professional  management, Alaska is unique.   We're                                                                    
     the  only  state  that  combines  all  three  of  those                                                                    
     factors.                                                                                                                   
                                                                                                                                
     For jurisdictional  purposes, we are divided  into four                                                                    
     judicial districts.                                                                                                        
   · The first judicial district is Southeast Alaska.                                                                           
   · The second district is the North Slope and the western                                                                     
     coastal area.                                                                                                              
   · The third district is Southcentral Alaska.  This of                                                                        
     course, is the largest district  that makes up about 60                                                                    
     percent  of  the  population  and  60  percent  of  the                                                                    
     caseload.                                                                                                                  
   · And the fourth, of course, is the Interior from the                                                                        
     Canadian  border  through  Fairbanks   and  on  out  to                                                                    
     Bethel.                                                                                                                    
                                                                                                                                
     We  have four  levels of  courts  in this  state.   The                                                                    
     highest  court  is the  supreme  court.   It  has  five                                                                    
     members.  It is  headquartered in Anchorage although it                                                                    
     meets generally  every four or five  weeks in Fairbanks                                                                    
     and several times a year in  Juneau.  The court, it has                                                                    
     the local  attorneys or governmental entities  who want                                                                    
     to argue  before the supreme  court, saves those  up in                                                                    
     Fairbanks  and Juneau  and  then  regularly appears  so                                                                    
     those  folks  don't have  to  make  a special  trip  to                                                                    
     Anchorage.   One  thing  that you  should  be aware  of                                                                    
     about our supreme court, it  is not for purposes of its                                                                    
     civil caseload,  it is not a  cert. [certiorari] court.                                                                    
     What  does that  mean.   The  U.S. Supreme  Court is  a                                                                    
     cert. court.   That means  they don't have to  take and                                                                    
     hear every case that they  get.  The U.S. Supreme Court                                                                    
     right now  only actually hears  about one out  of every                                                                    
     hundred cases that  are appealed to it.   Our court has                                                                    
     to hear every single civil  case that's appealed to it.                                                                    
     Sometimes  you  hear criticism  of  our  court being  a                                                                    
     little bit  slow in getting  its cases out and  part of                                                                    
     this is simply because it  has to hear everything.  You                                                                    
     may have read  in the newspaper last year  about a case                                                                    
     that came  out of  Fairbanks.   It involved  a divorced                                                                    
     couple  who  were arguing  over  the  custody of  their                                                                    
     chocolate  Labrador Retriever.    The  trial judge  was                                                                    
     forced  to  make best  interest  of  the dog  findings.                                                                    
     They appealed it  to the supreme court  and the supreme                                                                    
     court  actually  had to  hear  the  case and  write  an                                                                    
     opinion.   Now most of us  would not think this  a good                                                                    
     use  of state  resources  but  under our  constitution,                                                                    
     that's what  the court has  to do.  Most  state supreme                                                                    
     courts  are cert.  courts.   They  have  an ability  to                                                                    
     manage  their caseload  by  rejecting  cases that  they                                                                    
     think  are not  of  general interest  such  as the  dog                                                                    
     case.   ...The supreme court  by the way is  created by                                                                    
     the constitution.                                                                                                          
                                                                                                                                
     The  second level  of court  is the  court of  criminal                                                                    
     appeals,  which is  not a  constitutional court  it was                                                                    
     actually  created  by  the  legislature  in  the  early                                                                    
     1980s.    This is  a  court  to  which you  can  appeal                                                                    
     criminal  convictions.   This  is the  final court  for                                                                    
     criminal purposes  although you can appeal  a case from                                                                    
     this court to  the supreme court but  the supreme court                                                                    
     doesn't have  to take  it.  They  only take  cases that                                                                    
     they think  are especially important or  they think the                                                                    
     court  of  appeals  may  have  been  incorrect  in  its                                                                    
     decision.   The  reason  the  legislature created  this                                                                    
     court is  because back by  the early 1980s  the supreme                                                                    
     court was  really experiencing  [indis.] so  many cases                                                                    
     it  was  really  slowing  things down.    There  was  a                                                                    
     proposal  in the  legislature to  increase the  size of                                                                    
     the court  to give it  more members, perhaps  seven, so                                                                    
     there'd  be  more members  to  share  the workload  and                                                                    
     write the  opinions.   We had done  some work  with the                                                                    
     National  Center of  State  Boards  and suggested  that                                                                    
     creating a different court might  be an option, a lower                                                                    
     level  of court  of appeals.   The  reason for  this is                                                                    
     that  the larger  you make  a state  supreme court  the                                                                    
     more inefficient  you make  it.   One person  writes an                                                                    
     opinion but everybody  has to sign off  on the opinion,                                                                    
     they have  to agree  to every  last word  of it.   That                                                                    
     opinion would  then be circulated to  six other members                                                                    
     instead of  four other members.   You agreed  with this                                                                    
     analysis and created this court  of appeals and I would                                                                    
     note  that there've  been  several  states since  then,                                                                    
     states the legislatures have gone  to the Alaska model.                                                                    
     They've actually made their  supreme courts smaller and                                                                    
     created  a  court of  intermediate  appeals  as a  more                                                                    
     efficient way  of managing the  workload. The  court of                                                                    
     appeals is also headquartered in Anchorage.                                                                                
                                                                                                                                
SENATOR SCOTT OGAN said he was  not aware the supreme court could                                                               
deny criminal  cases.  He asked  if there was some  "wiggle room"                                                               
for  that  in  the  constitution because  the  supreme  court  is                                                               
constitutionally  created and  the court  of criminal  appeals is                                                               
created by statute.                                                                                                             
                                                                                                                                
MR. CHRISTENSEN explained the constitution  says everyone has the                                                               
right to appeal his  or her case from the trial  court.  If there                                                               
was only a supreme  court that is the only place  he or she could                                                               
appeal it.   When the  legislature created the court  of criminal                                                               
appeals that met  the constitutional mandate. It  only applies to                                                               
criminal  cases  because the  legislature  limited  the court  of                                                               
appeals jurisdiction to criminal cases.                                                                                         
                                                                                                                                
MR. CHRISTENSEN  explained the  constitution created  the supreme                                                               
court and  the superior  court and said  the legislature  had the                                                               
authority to create  other courts by statute.   Immediately after                                                               
statehood, the  legislature created the district  court, which is                                                               
the  lowest level  of court.    It hears  misdemeanors and  civil                                                               
cases  under $50,000  of value.   Then  in the  early 1980s,  the                                                               
legislature created the court of criminal appeals.                                                                              
                                                                                                                                
SENATOR JOHNNY ELLIS  asked what the prerogative of  the court is                                                               
in  scheduling  cases they  are  required  to  hear as  the  last                                                               
appeal.   He  said it  wasn't that  long ago  Senator Donley  was                                                               
sitting  there demanding  more timely  decisions and  threatening                                                               
people's salaries  and other sanctions.   The Judiciary Committee                                                               
went through many discussions about that.   He asked what kind of                                                               
leeway the court  has on when they schedule cases  they must hear                                                               
and the time frame for rendering opinions.                                                                                      
                                                                                                                                
MR. CHRISTENSEN  answered that since  the court cannot  just turn                                                               
cases away a lack of resources means delay.                                                                                     
                                                                                                                                
     Now back  about the  time of statehood  the legislature                                                                    
     passed a  statute which said  that in order to  get his                                                                    
     paycheck every two  weeks a judge has  to certify under                                                                    
     oath  that  nothing  before  him  that's  ready  for  a                                                                    
     decision to be  made has sat there for  longer than six                                                                    
     months.    Our  judges,  our   59  judges  and  our  39                                                                    
     magistrates  are the  only  governmental employees  who                                                                    
     have to swear  under oath every two  weeks that they're                                                                    
     caught up on their work or their paycheck is withheld.                                                                     
                                                                                                                                
MR. CHRISTENSEN reported there are  about eight other states that                                                               
withhold  salaries.   It has  been challenged  several times  and                                                               
each time that state supreme court  has thrown it out for reasons                                                               
which apply here.  The  constitution says a judge's salary cannot                                                               
be reduced  while he  or she  is in office.   The  Declaration of                                                               
Independence listed  about 27 different  things that  proved King                                                               
George was a  tyrant.  He withheld the salary  of judges in order                                                               
to bend them  to his will.  Therefore, the  U.S. Constitution and                                                               
the  constitution  of  most states  say  the  legislature  cannot                                                               
reduce  a salary.   Money  has  a time  value so  when a  judge's                                                               
paycheck is withheld it is  essentially reducing the value of his                                                               
or her salary.  Mr.  Christensen's opinion, as the chief attorney                                                               
for the  court, is  that this  is very  clearly unconstitutional.                                                               
No  judge since  the time  of statehood  has challenged  it.   He                                                               
thought there  has been  a feeling  that judges  do need  to keep                                                               
caught up  on their workload and  this is actually a  fairly good                                                               
management tool. Judges have had  their paychecks withheld for as                                                               
long as four months.                                                                                                            
                                                                                                                                
MR. CHRISTENSEN  said the  bill Senator  Ellis referred  to would                                                               
have  reduced the  time  courts  had to  make  decisions to  four                                                               
months and would have applied to  the supreme court.  The supreme                                                               
court  assigns one  member to  write the  opinion after  the oral                                                               
argument.   The member has  six months  to write the  opinion and                                                               
then the opinion  is circulated and the clock stops.   Under this                                                               
proposed legislation, if one supreme  court justice wasn't caught                                                               
up  on  his work  all  five  would  lose  their paychecks.    The                                                               
legislature decided  not to  pass that  legislation and  make the                                                               
law even more unconstitutional.                                                                                                 
                                                                                                                                
SENATOR OGAN said, currently in  the constitution, judges are not                                                               
subject to  confirmation by the  legislature.  He asked  how many                                                               
states don't require legislative confirmation.                                                                                  
                                                                                                                                
MR.  CHRISTENSEN said  he  did  not know  but  would provide  the                                                               
committee with the number.                                                                                                      
                                                                                                                                
MR. CHRISTENSEN explained at the  time the United States became a                                                               
nation the judges  in most states were appointed  by the governor                                                               
for life.   Over  the next  50 years,  people wanted  their state                                                               
courts  to be  majoritarian institutions  and to  issue decisions                                                               
based on the will of the people.   "Which I supposed is just fine                                                               
unless  you  are  the  one  in front  of  the  judge  and  you're                                                               
advocating an unpopular  opinion."  Many states  have switched to                                                               
a contested  election system.   A campaign for the  supreme court                                                               
costs over a million dollars  in the contested election system of                                                               
Texas.    About  half  of  the money  comes  from  the  insurance                                                               
industry, which  had figured out  that donating money  to supreme                                                               
court candidates  is a good  way to get  Tort Reform.   The other                                                               
half comes from lawyers who argue  in front of the supreme court.                                                               
In the  1940s a  backlash against  the contested  election system                                                               
began.   Missouri  and then  Alaska  adopted what  is called  the                                                               
Missouri  Plan.   The  Missouri  Plan is  a  midway system  where                                                               
judges  are  appointed  based  on  merit  and  do  not  stand  in                                                               
contested  elections.   These  judges  come  before voters  on  a                                                               
regular bases and the voters can  vote up or down.  Some Missouri                                                               
Plan  states  have  legislative confirmation  and  some  do  not.                                                               
Alaska's  system was  adopted  without  confirmation because  the                                                               
goal  of the  framers  was  to keep  Alaska's  judiciary as  non-                                                               
political  as possible.   He  said  when an  article are  written                                                               
about  controversial  things done  by  federal  judges it  always                                                               
identifies the  judge as  a Republican or  a Democrat  and points                                                               
out who appointed them.                                                                                                         
                                                                                                                                
2:00 p.m.                                                                                                                       
                                                                                                                                
MR. CHRISTENSEN proceeded with his overview presentation.                                                                       
                                                                                                                                
     Our  next   level  of  court,  the   court  of  general                                                                    
     jurisdiction  is the  superior  court.   Right now  the                                                                    
     superior court,  this is a constitutional  court, right                                                                    
     now it  has 32 members  who are in 13  locations around                                                                    
     the   state;  Anchorage,   Fairbanks,  Kenai,   Palmer,                                                                    
     Juneau,  Ketchikan,  Sitka, Barrow,  Kotzebue,  Bethel,                                                                    
     Nome,  Dillingham,  Kodiak.    There  are  three  other                                                                    
     sites,  Wrangell,  Petersburg  and  Valdez,  which  are                                                                    
     designated  as superior  court  sites,  but they  don't                                                                    
     have a  resident superior court judge,  they are served                                                                    
     by traveling judges.  The  superior court has exclusive                                                                    
     jurisdiction over  [indis.], which is about  20 percent                                                                    
     of its caseload over  juvenile delinquency matters.  It                                                                    
     has exclusive  jurisdiction over the family  law cases,                                                                    
     the  divorces,  child  support,  child  custody,  child                                                                    
     visitation,  which  right  now  makes up  close  to  40                                                                    
     percent  of their  caseload and  this  is probably  the                                                                    
     most traumatic  part of the  caseload.  This is  a part                                                                    
     of  the caseload  which  nationwide...  results in  the                                                                    
     most violence in  courtrooms.  The worst  thing you can                                                                    
     do to a  lot of people is  not put them in  jail, is to                                                                    
     take their kids away.                                                                                                      
                                                                                                                                
     ...We are a service entity,  we exist merely to provide                                                                    
     service to  the public  and to government  agencies and                                                                    
     to  businesses, but  at the  court system  the customer                                                                    
     isn't always  right.  Nearly  85 percent of  the people                                                                    
     who  are   brought  in  on   criminal  matters   get  a                                                                    
     conviction and  50 percent of  all the people  who come                                                                    
     in on  civil matters  lose.  And  these are  people who                                                                    
     leave  very, very  unhappy and  you, your  offices hear                                                                    
     from many of them.                                                                                                         
                                                                                                                                
     Now the  court of limited jurisdiction  is the district                                                                    
     court.   This was created,  as I noted, created  by the                                                                    
     legislature right  after the time of  statehood.  There                                                                    
     are  two kinds  of  judicial officers  in the  district                                                                    
     court.                                                                                                                     
   · First are the district judges who are appointed by the                                                                     
     governor.   They have 17  of those in  seven locations.                                                                    
     They   hear   cases   under   $50,000   in   value   or                                                                    
     misdemeanors.                                                                                                              
   · The other type is the magistrate.  We have 39 of those                                                                     
     many  of them  in  small communities  in rural  Alaska.                                                                    
     They're  not   appointed  by  the  governor   they  are                                                                    
     appointed by the  four presiding judges of  each of the                                                                    
     four judicial districts.   They can be  hired and fired                                                                    
     by  the  presiding  judge  at will.    There  are  many                                                                    
     locations in  rural Alaska where the  local trooper and                                                                    
     the  local part-time  magistrate  are  really the  only                                                                    
     major presence of state government.                                                                                        
                                                                                                                                
     Now  last  year our  court  system,  all these  judges,                                                                    
     heard 141,000 cases in trial  courts.  That was about a                                                                    
     nine  percent  decrease  from the  year  before.    The                                                                    
     problem  now, a  decrease sounds  good, the  problem is                                                                    
     that  the  decrease  was made  up  almost  entirely  of                                                                    
     traffic  tickets and  other minor  offenses, which  are                                                                    
     the kind of cases which  take the least effort to hear.                                                                    
     There  were a  number  of categories  of complex  cases                                                                    
     that  actually  had  major increases,  that's  the  bad                                                                    
     news.  Felony cases statewide  were up six percent from                                                                    
     the  previous  years' level.    At  a number  of  court                                                                    
     locations  the increase  of  felony  filings were  even                                                                    
     more dramatic.                                                                                                             
   · Kenai - 14 percent                                                                                                         
   · Bethel and Ketchikan - 16 percent                                                                                          
   · Barrow - 21 percent                                                                                                        
   · Sitka - 46 percent                                                                                                         
   · Kotzebue actually had a 62 percent increase in felony                                                                      
     filings.                                                                                                                   
     Now  this  is bad  news  because  felony cases  take  a                                                                    
     tremendous  amount of  resources.   Not  just time  for                                                                    
     clerks and  time for judges  but when they go  to trial                                                                    
     we  have  to  pay  juries of  12  persons  and  several                                                                    
     alternates.  These cases -  this is also very deceptive                                                                    
     because when I tell you  we had 141,000 cases last year                                                                    
     we only  count the case the  year it's filed.   Many of                                                                    
     the cases keep  coming back time and time  again.  When                                                                    
     the convicted felon  gets out of prison  and he engages                                                                    
     in probation  violations on several occasions,  when he                                                                    
     comes back  and tries  to petition for  post conviction                                                                    
     relief.   We are still  expending lots of  resources to                                                                    
     hear cases which  only showed up in  my statistics back                                                                    
     in 1980 or 1990 so that is a little bit deceptive.                                                                         
                                                                                                                                
     We  also  had a  ten  percent  increase in  misdemeanor                                                                    
     cases.  We had a  five percent increase in the domestic                                                                    
     relations cases  the divorces and child  custody.  This                                                                    
     is a  problem because  these cases, like  felony cases,                                                                    
     keep  coming  back year  after  year  even though  they                                                                    
     don't show  up in  our statistics.   A couple  will get                                                                    
     divorced and  then every year  or every other  year for                                                                    
     the  next fifteen  years  they will  be  back in  court                                                                    
     arguing  over child  support, arguing  over visitation,                                                                    
     and  these  don't show  up  in  our statistics  so  any                                                                    
     increase is bad news.                                                                                                      
                                                                                                                                
     Now Mr.  Chairman, in addition to  the appellate courts                                                                    
     and the trial courts, there  is one other entity in the                                                                    
     Alaska  Court   System,  that  is   the  administrative                                                                    
     office.  The administrative  office are the bureaucrats                                                                    
     like Doug  and myself who actually  provide the support                                                                    
     services for judges.   We run the  personnel office, we                                                                    
     handle  the  procurement,  the technology  shop,  which                                                                    
     handles the  courts computers and other  systems is all                                                                    
     in   the  administrative   office.      This  is   also                                                                    
     headquartered in Anchorage.                                                                                                
                                                                                                                                
     Now  the trial  courts,  the appellate  courts and  the                                                                    
     administrative office make up  the entire court system,                                                                    
     which  is  99 percent  of  the  judicial branch.    The                                                                    
     remaining  one  percent  of   the  judicial  branch  is                                                                    
     composed  of  two  very tiny  constitutional  entities.                                                                    
     The  first is  the Judicial  Conduct Commission.   This                                                                    
     has a staff  of two.  This is the  ethics committee for                                                                    
     judges  made up  of nine  members, three  judges, three                                                                    
     public  members and  three lawyers  with  at least  ten                                                                    
     years  experience.     Its   primary  function   is  to                                                                    
     investigate  complaints that  have  been filed  against                                                                    
     judicial officers.  It has  the power to recommend that                                                                    
     the  supreme   court  sanction   or  remove   a  judge.                                                                    
     Suspension,  removal, forced  retirement  or public  or                                                                    
     private censure are also among its options.                                                                                
                                                                                                                                
     The   other  tiny   constitutionality  is   the  Alaska                                                                    
     Judicial  Council; this  is the  entity  you will  deal                                                                    
     with a  lot more  than you will  deal with  the conduct                                                                    
     commission.  It  has three major functions.   The first                                                                    
     is to  conduct research  to improve  the administration                                                                    
     of  justice.   Much  of  this research  is  made up  of                                                                    
     projects that you have  statutorily ordered the council                                                                    
     to engage in.  For  example when you passed tort reform                                                                    
     legislation a  few years back  you ordered  the council                                                                    
     to start  surveying attorneys  who settle  complex tort                                                                    
     cases to  find out  what the  case is  actually settled                                                                    
     for, if there  were punitive damages.   You also passed                                                                    
     therapeutics   courts  legislation   relating  to   DWI                                                                    
     several years  ago.  You  ordered the  judicial council                                                                    
     to keep track  of recidivism for those  people who pass                                                                    
     through  this special  therapeutic court.   The  second                                                                    
     thing that  this judicial council does  is it solicits,                                                                    
     screens,  and nominates  applications for  appointments                                                                    
     to vacant judgeships.  And  finally it evaluates judges                                                                    
     standing for  retention and makes information  on those                                                                    
     judges available to  the voters so that  the voters can                                                                    
     make an  informed decision.   I would note that  of all                                                                    
     the Missouri  Plan states, the Alaska  Judicial Council                                                                    
     makes substantially  more information available  to the                                                                    
     voters than the  other Missouri Plan states.   They for                                                                    
     example, they don't just survey  the lawyers who appear                                                                    
     in  front of  a judge,  they also  survey every  police                                                                    
     officer, probation officer,  corrections officer in the                                                                    
     jurisdiction  to  see what  they  think  of the  judge.                                                                    
     They survey  every juror who  has been in  that judge's                                                                    
     courtroom.    So  the  voters   have  a  good  deal  of                                                                    
     information made available to them.                                                                                        
                                                                                                                                
     Mr. Chairman, I  think I'd like to make  one last point                                                                    
     and that is the importance  of the legislature and this                                                                    
     committee in the criminal justice  system.  You are the                                                                    
     entity  that sets  public policy  through the  statutes                                                                    
     that  you pass.    And  you most  of  the time  provide                                                                    
     funding  to implement  that policy.    As you  consider                                                                    
     legislation I  would ask that  you always keep  in mind                                                                    
     the  need to  view the  criminal justice  system as  an                                                                    
     integrated  whole rather  than  just individual  parts.                                                                    
     The  system  includes  not  just  the  courts  it  also                                                                    
     includes the prosecutor's  office, the public defender,                                                                    
     the  office  of   public  advocacy,  corrections,  DFYS                                                                    
     (Division  of  Family  and   Youth  Services)  and  the                                                                    
     Department of  Public Safety  in the  executive branch.                                                                    
     But  it  also  includes the  municipal  prosecutors  in                                                                    
     Anchorage  and Juneau,  the municipal  public defenders                                                                    
     in  Anchorage   and  Juneau  as  well   as  the  police                                                                    
     departments  in  all   the  municipalities  around  the                                                                    
     state.   Things  that you  do to  one entity  generally                                                                    
     have an effect  on the others.  We  will frequently see                                                                    
     budget increments or we will  see legislation or fiscal                                                                    
     notes  that  appear  to  affect  only  one  entity  but                                                                    
     there's always  a carry  over effect.   For  example if                                                                    
     you give  a small budget  increment to the  troopers to                                                                    
     increase the number of troopers  in one community there                                                                    
     is inevitably going to be  more arrests which means the                                                                    
     prosecutor has  more work, it  means we get  more work.                                                                    
     If 85 percent of all  those people who are arrested for                                                                    
     crimes   are   legally   indigent   and   thus   the...                                                                    
     constitution entitles them to  a public defender.  Once                                                                    
     a judge  has made the decision  after viewing someone's                                                                    
     financial records  that they're indigent and  the judge                                                                    
     appoints the  public defender, the public  defender has                                                                    
     to take the job, they can't  say no we're too busy.  If                                                                    
     a  judge sentences  someone to  jail the  Department of                                                                    
     Corrections  can't say,  you  know,  sorry we're  full.                                                                    
     They have to find a way to handle things.                                                                                  
                                                                                                                                
     So  I guess  my point  is simply  that please  view the                                                                    
     system as  a system and  not merely as a  collection of                                                                    
     individual  agencies.     Always  keep  in   mind  that                                                                    
     anything  you do  to one  entity  probably affects  the                                                                    
     others.                                                                                                                    
                                                                                                                                
SENATOR  OGAN  asked  what  percentage   of  expenses  came  from                                                               
municipal issued citations and crimes.   Alaska is the only state                                                               
in the  nation where  the state  adjudicates citations  issued by                                                               
municipal officers and provides the defense and the prosecution.                                                                
                                                                                                                                
MR.  CHRISTENSEN  explained  that   presently  a  lot  of  police                                                               
departments  write  traffic  tickets  or cite  people  for  minor                                                               
offenses they cannot  be jailed for so these people  do not get a                                                               
public defender.   He thought only Anchorage and  Juneau have the                                                               
equivalent of  misdemeanors on their  criminal code  and actually                                                               
do prosecutions.  Fairbanks used  to do prosecutions but repealed                                                               
most  of their  criminal  code because  of  budget problems  some                                                               
years ago.                                                                                                                      
                                                                                                                                
Up until  the late 1970s  there was  a statute that  required the                                                               
court system to calculate the  percentage of its operations being                                                               
affected by  municipal prosecutions and bill  the municipalities.                                                               
The Alaska  Court System had  tremendous problems  with Anchorage                                                               
because Anchorage did  not want to pay.  Alaska  sued the City of                                                               
Anchorage in state  court and entered into a  settlement.  Jurors                                                               
are  not  paid much  in  Alaska  and  it  is very  difficult  and                                                               
expensive to find parking in  downtown Anchorage.  The settlement                                                               
involved  about eight  years of  free parking  for jurors  in the                                                               
municipal  garage seven  blocks from  the courthouse  among other                                                               
things.                                                                                                                         
                                                                                                                                
MR. CHRISTENSEN noted the legislature  repealed that statute when                                                               
the  state was  flush with  oil money.   The  argument frequently                                                               
made  against  bringing  back  this  legislation  is  that  while                                                               
Anchorage, Juneau and the police  departments in the other cities                                                               
cause  expense to  the state  they also  relieve the  state of  a                                                               
tremendous  burden.   Anchorage has  DWI laws  that parallel  the                                                               
states and have domestic violence  statutes and assault statutes.                                                               
Anchorage pays for  the prosecutor and public  defender when they                                                               
charge people  under their own  law.  Anchorage contracts  with a                                                               
private  law  firm  to  act   as  their  public  defender.    Mr.                                                               
Christensen believed  Anchorage has  to reimburse  the Department                                                               
of Corrections for  housing in the jail.  The  state would assume                                                               
that  expense if  these people  were arrested  and charged  under                                                               
state law.   He said  the court  computer system is  currently so                                                               
inadequate, what  percentage of  cases comes  from municipalities                                                               
could be determined, but not how much time was spent on them.                                                                   
                                                                                                                                
SENATOR  OGAN said  he  would  like to  meet  privately with  Mr.                                                               
Christensen and  discuss that issue.   He said it may  be time to                                                               
look at  municipalities assuming  some of the  responsibility for                                                               
the citations  they write that  go to  court.  "Have  a municipal                                                               
court  system  or  something  like   that  and  taxpayers,  local                                                               
taxpayers and  fines and that kind  of thing pay for."   He asked                                                               
how much it would reduce the  state's cost if the Legislature did                                                               
that.                                                                                                                           
                                                                                                                                
MR. CHRISTENSEN  noted the Alaska  Court System handout.   Page 5                                                             
lists "FY2002 Funds  Collected on behalf of  Cities and Boroughs"                                                               
totaling   $1,270,892.     This   money   was   turned  over   to                                                               
municipalities  and presumably  reduced the  municipalities' need                                                               
to come to the legislature for municipal assistance.                                                                            
                                                                                                                                
SENATOR OGAN  said it  would be  interesting to  see how  much it                                                               
cost the State of Alaska to  adjudicate those cases and turn over                                                               
$1.2 million  to the cities.   He thought  it would be  more than                                                               
$1.2 million.                                                                                                                   
                                                                                                                                
SENATOR ELLIS  asked how  the therapeutic  courts were  doing and                                                               
for  details about  other specialized  courts and  innovations of                                                               
the Alaska Court System.                                                                                                        
                                                                                                                                
MR. CHRISTENSEN  informed the  committee that  therapeutic courts                                                               
cropped up  in the nation in  the last ten years.   A therapeutic                                                               
court  treats people  with special  kinds of  problems, typically                                                               
addictions  to alcohol  or drugs  or those  with mental  illness.                                                               
They  use a  different method  of court  procedure to  keep these                                                               
people out  of jail, get  them the  treatment they need  and then                                                               
"hopefully" they won't commit future crimes.                                                                                    
                                                                                                                                
The  first of  these therapeutic  courts are  drug courts,  which                                                               
take  in non-violent  felony drug  offenders.   The Alaska  Court                                                               
System set up  a drug court in Anchorage several  years ago using                                                               
a federal grant.    Most  of the grant moneys were distributed to                                                               
the  prosecutor,   the  public   defender,  and   other  agencies                                                               
incurring costs.   The  judge acts as  a super  probation officer                                                               
and sees  the person every  week or  two and a  probation officer                                                               
monitors the  person very  closely.   The person  receives weekly                                                               
drug tests or  alcohol tests and is required  to pay restitution.                                                               
These  people volunteer  and  are accepted  by  a joint  decision                                                               
between the  judge, the prosecutor  and the public defender.   If                                                               
this court  system works, people  who have  committed non-violent                                                               
drug  felonies  can  get  off  drugs,  complete  a  GED  (General                                                               
Education Degree), get a job and get their life back in order.                                                                  
                                                                                                                                
MR.  CHRISTENSEN  said the  misdemeanor  mental  health court  is                                                               
being operated in  Anchorage.  The Trustees of  the Mental Health                                                               
Trust  fund this  court with  legislative approval.   This  court                                                               
deals  with   people  with  serious   mental  problems   who  are                                                               
committing  "nuisance  crimes"  like disorderly  conduct,  simple                                                               
assault and shoplifting.    The person is  monitored very closely                                                               
and  in court  on a  weekly basis.   Seeing  that people  receive                                                               
medication is  one of the main  points of this court.   Alaska is                                                               
the second state in the country to  start this type of court.  He                                                               
thought the mental health court is very effective.                                                                              
                                                                                                                                
The Legislature created  and provided general funds  for a felony                                                               
DWI  court  two  years  ago  in  Anchorage  and  Bethel.    Judge                                                               
Wanamaker in Anchorage, on his  own initiative, got together with                                                               
the  Partners for  Progress, a  local  business organization  and                                                               
created  the Wellness  Court, which  deals with  people who  have                                                               
committed minor  alcohol related nuisance crimes  and treats them                                                               
with naltrexone.   Naltrexone is a drug that makes  a person lose                                                               
their desire to  drink by doing away with the  high from alcohol.                                                               
This is  funded primarily  through the  private sector  though in                                                               
the last year or two the  Legislature has given some small grants                                                               
directly to the Partners for Progress for treatment money.                                                                      
                                                                                                                                
MR. CHRISTENSEN  said these courts  seem to be  working; however,                                                               
they  have been  in  operation for  a short  period  of time  and                                                               
involve  a small  number of  people so  it is  difficult to  say.                                                               
They were  started with grants  because the court system  did not                                                               
want to come to the Legislature  for money until they could prove                                                               
these  courts  could  work.    The  Alaska  Judicial  Council  is                                                               
currently  doing comprehensive  surveys of  most of  these courts                                                               
and the  Legislature will receive  an independent review.   There                                                               
should  be detailed  preliminary  information  available for  the                                                               
committee shortly.                                                                                                              
                                                                                                                                
SENATOR FRENCH  referred to "FY02  Collections of Costs  and Fees                                                               
Imposed by Courts"  on page 7, Alaska Court System.   He asked if                                                             
the  cost  of  appointed  counsel,  $883,259,  and  the  cost  of                                                               
incarceration,  $762,325,  was   money  collected  from  criminal                                                               
defendants.  He  asked if criminal restitution,  $91,464, was the                                                               
total amount of criminal restitution paid into the system.                                                                      
                                                                                                                                
MR. CHRISTENSEN said it was  his understanding this is the amount                                                               
collected by  the Department of Law.   He did not  think that was                                                               
the  total  amount of  criminal  restitution  paid in  the  state                                                               
during the year.   Some restitution is paid directly  and some is                                                               
paid through the Department of Law.                                                                                             
                                                                                                                                
SENATOR FRENCH  asked if  these costs were  prioritized.   If the                                                               
court  collects  $1000 from  a  defendant  who owes  $10,000  for                                                               
appointed counsel, $10,000 for cost  of incarceration and $10,000                                                               
for restitution,  how does that  money get allocated and  in what                                                               
order?                                                                                                                          
                                                                                                                                
MR. CHRISTENSEN said virtually every  penny the Department of Law                                                               
seizes  is  from  Permanent Fund  Dividends.  This  is  typically                                                               
restitution and debts owed to the state.                                                                                        
                                                                                                                                
TAPE 03-02, SIDE B                                                                                                            
2:20 p.m.                                                                                                                       
MR. DOUG WOOLIVER, Administrative  Attorney, said statute applies                                                               
to  attachments  to  the  Permanent Fund  Dividend  itself.    If                                                               
someone  writes a  check  to the  court for  $1000  and they  owe                                                               
$1500,  how that  gets divided  up is  not set  by statute.   The                                                               
dividend is  one of  the reasons the  Collection Division  of the                                                               
Department of  Law has  a miraculously  high collection  rate for                                                               
criminal  fines compared  to  any other  state.   Restitution  is                                                               
either  first or  second on  the list  of collection  priorities.                                                               
Child support  is also very high  and debts owed the  state are a                                                               
little  bit farther  down  the  list.   Private  people can  also                                                               
attach the dividend.  Often there  will be competing demands on a                                                               
dividend.                                                                                                                       
                                                                                                                                
SENATOR FRENCH asked  if it was a one-year  windfall because most                                                               
people who go  to prison for any length of  time lose their right                                                               
to a dividend.                                                                                                                  
                                                                                                                                
MR. WOOLIVER said there are  statutes that restrict the number of                                                               
people  who get  the  dividend  based on  criminal  charges.   In                                                               
future  years  these  people  could   become  eligible  again  so                                                               
sometimes the collection process is drawn out.                                                                                  
                                                                                                                                
MR. CHRISTENSEN  referred to page  7, where Senator  French noted                                                               
the cost of appointed counsel  being $883,259.  He explained that                                                               
about  85 percent  of people  charged with  felonies are  legally                                                               
indigent and are  provided with an attorney by the  state.  About                                                               
7  years ago,  the  U.S.  Supreme Court  issued  an opinion  that                                                               
indicated a person's  future income could be  taken into account.                                                               
The  Alaska Supreme  Court  said  when a  person  is indigent,  a                                                               
payment schedule can  be set up and take some  of their dividend.                                                               
Legislation was  drafted and adopted  about 6 years ago.   Little                                                               
money was collected  over the first couple of years  but over the                                                               
last  two  years, this  has  expanded  dramatically up  into  the                                                               
$880,000 range.                                                                                                                 
                                                                                                                                
CHAIR SEEKINS called at ease from 2:25 p.m. to 2:30 p.m.                                                                        
                                                                                                                                
SENATOR  THERRIAULT asked  Mr.  Wooliver what  he  wanted to  add                                                               
about specialized courts.                                                                                                       
                                                                                                                                
MR. WOOLIVER  explained these courts  are fairly  new nationwide.                                                               
A long-term study  of recidivism rates would be  available in the                                                               
next few  months.   The short-term studies  show these  courts do                                                               
cut down  on recidivism.   Judge Rhoades' mental health  court in                                                               
Anchorage  has  impressive  short-term  statistics.    All  these                                                               
studies seem to indicate these courts are helping.                                                                              
                                                                                                                                
SENATOR ELLIS asked  if there was a  standard, uniform definition                                                               
of non-violent offender.  He said  he was of the opinion there is                                                               
cost saving  to the state  to be achieved by  effective treatment                                                               
programs to divert people away  from state incarceration.  People                                                               
worry  about  violent offenders  being  included  in a  treatment                                                               
program  and not  incarcerated.    He asked  who  makes the  non-                                                               
violent determination.                                                                                                          
                                                                                                                                
MR. WOOLIVER was not aware of  a standard definition.  The felony                                                               
drug  and felony  DWI courts  have strict  guidelines on  who can                                                               
participate and a  history of violence excludes  someone from the                                                               
program.  Judge  Wanamaker and Judge Rhoades  are both nationally                                                               
recognized  leaders in  this area  and  they speak  all over  the                                                               
country.    HB  171  created   the  therapeutic  courts  and  the                                                               
guidelines that limit participants to non-violent offenders.                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                              
There  being no  further  questions Chair  Seekins adjourned  the                                                               
meeting at 2:35 p.m.                                                                                                            
                                                                                                                                
NOTE:   The meeting was  recorded and handwritten log  notes were                                                               
taken.  A  copy of the tape(s)  and log notes may  be obtained by                                                               
contacting the  Senate Records Office  at State Capitol,  Room 3,                                                               
Juneau,  Alaska  99801  (mailing address),  (907)  465-2870,  and                                                               
after adjournment of the second  session of the 23rd Alaska State                                                               
Legislature this  information may  be obtained by  contacting the                                                               
Legislative Reference Library at (907) 465-3808.                                                                                

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