Legislature(2023 - 2024)BUTROVICH 205
02/15/2023 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Department of Law Criminal Division Overview | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 15, 2023
1:30 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Cathy Giessel
Senator Löki Tobin
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION: DEPARTMENT OF LAW CRIMINAL DIVISION OVERVIEW
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
John Skidmore, Deputy Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: provided a presentation for the Department
of Law Criminal Division
ACTION NARRATIVE
1:30:45 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:30 p.m. Present at the call to order were
Senators Kiehl, Kaufman, Giessel, Tobin and Chair Claman.
^PRESENTATION: Department of Law Criminal Division Overview
PRESENTATION: Department of Law Criminal Division Overview
1:31:41 PM
CHAIR CLAMAN announced the consideration of the Department of
Law Criminal Division Overview.
JOHN SKIDMORE, Deputy Attorney General, Criminal Division,
Department of Law, Anchorage, Alaska cited a report from the
Department of Law titled "Sex Offence Cases Referred to the
State of Alaska, Department of Law Between July 1, 2020, and
June 30, 2021." He shared his professional history working as a
prosecutor with the Department of Law for the past 25 years. He
held the role of Deputy Attorney General for the last 3 years.
He explained to the committee that the report was prepared
pursuant to AS 44.23.040. The new requirement was added to the
statute four years ago.
1:34:02 PM
MR. SKIDMORE moved to slide 2 of the overview, "Sex Offense
Report FY 2021." He remarked that sex offenses take
approximately two years to process.
Scope
Cases referred between July 1, 2020, and June 30,
2021.
Offense date
Referral date
Filing/screening date
Conviction date
Sentencing/judgement date
"Sex offense" refers to a registerable sex offense
under AS 12.63.100(7).
"Sex offense" definition has been amended several
times since first codified in 1994.
1:37:32 PM
MR. SKIDMORE continued with slide 3, found in appendix A of the
report, titled Sex offences: registerable criminal offense
under Alaska Statute 12.63.100(7) (Registration of Sex
Offenders). The table includes sexual assault crimes, the
accompanying statute and the original effective date. He
provided an example of a crime in the state labeled misconduct
involving a corpse, with one subsection addressing sexual
penetration of a corpse. The crime is not defined as a sex
offense under the statute. He offered the example to encourage
specificity when referring to registered sex offenses in Alaska.
CHAIR CLAMAN asked if Mr. Skidmore prosecuted a sex with a
corpse crime recently.
MR. SKIDMORE replied that he prosecuted a crime involving sex
with a corpse many years ago.
CHAIR CLAMAN asked if Mr. Skidmore processed a crime involving
sex with a corpse in the last five years or longer.
MR. SKIDMORE responded that he worked in the central office for
the last 12 years, which limited his case load.
CHAIR CLAMAN opined that the crime was rarely prosecuted.
1:39:26 PM
MR. SKIDMORE moved to slide 4, "Noteworthy Aspects of Report
(Cont'd)."
The vast majority of these cases are still active
prosecutions
Two + years of jury trial suspensions.
Sex offense take 2+ years from charging to trial
even before COVID.
Report based on data from Oct 12, 2022
Still in screening
Convictions
Pleas
Etc.
1:42:36 PM
MR. SKIDMORE continued with slide 5, "Diagram of sex offence
case processing, cases referred between July 1, 2020, and June
30, 2021. The graph was taken from the report. He noted that
586 referrals were made to the Department of Law for sex
offenses with 48 percent (279) declined for evidentiary reasons.
Sex offences involve issues with consent including the
consideration of the victim and offenders age ranges. The
department has a responsibility to prove something beyond a
reasonable doubt. If the evidence is not available, a case is
denied. He pointed out that 30 referrals were still in the
screening process. The department is working to screen sex
offences more quickly. He added that police officers have
authority to file criminal charges, which is called a complaint.
When a prosecutor files criminal charges, it is referred to as
an information or an indictment. He concluded that 261 case were
still in active prosecution.
1:47:53 PM
CHAIR CLAMAN asked about the prior report. He queried the total
sex offence referrals and the percentage of cases declined or
prosecuted. He wondered about changes in overall data since the
last report.
MR. SKIDMORE replied that the data were similar. Each year the
department receives approximately 600 sex offence referrals and
each year approximately half of the referrals are declined for
evidentiary reasons. The vast majority of the cases remain
active prosecutions at the time of the report. The reporting
remained consistent over the last three years. This particular
report goes to the Alaska Judicial Counsel. The previous reports
can be found on the Alaska Judicial Council website.
CHAIR CLAMAN asked about the level of sex crimes reflected in
referrals to prosecution. The prosecution data remain
consistent.
MR. SKIDMORE replied that prosecution data remain similar, but
sex offense cases require a separate analysis. The referrals
remain consistent. He pointed to the uniform crime reporting
done by the Alaska State Troopers with a specific report on sex
offences.
1:50:44 PM
CHAIR CLAMAN recalled a change in the definition of consent. He
wondered if the new definition would have an impact on the
reports statistics.
MR. SKIDMORE replied yes, but the degree of the impact is still
unknown
CHAIR CLAMAN wondered about the lag time between the referral
and the reporting process. He wondered when the department
anticipates seeing effects of the legislation.
MR. SKIDMORE estimated that the 2025 report will reflect the
changes happening now. The 2025 report will cover FY 23.
CHAIR CLAMAN asked if the October 2025 report will show the
initial impact of the legislation.
MR. SKIDMORE replied that the report will be generated in 2025.
He would offer the report to the legislature in 2026.
1:54:24 PM
CHAIR CLAMAN stressed that the legislature must hold realistic
expectations for anticipated results.
MR. SKIDMORE stated that the number of sex offence referrals is
obtainable. He anticipated reporting to the legislature about
past legislations impact on department resources.
1:55:39 PM
MR. SKIDMORE continued with slide 6, "The Duty of a Prosecutor.
He offered these quotes:
The primary duty of a lawyer engaged in public
prosecution is not to convict, but to see that justice
is done.
-Canons of professional ethics: Canon 5. American Bar
Association (1908).
The prosecutor may prosecute with earnestness and
vigor indeed he should do so. But, while he may
strike hard blows, he is not at liberty to strike foul
ones. It is as much his duty to refrain from improper
methods calculated to produce a wrongful conviction as
it is to use every legitimate means to bring about a
just one.
-Justice George Southerland, Berger v. United States,
295 U.S. 78, 88 (1935).
MR. SKIDMORE discussed slide 7. It is the duty and obligation
of the District Attorney to ensure that every citizens
constitutional rights are safeguarded at every step of the
criminal prosecution.
-Assist investigation
-Formal referral
-Screening
-Pretrial litigation
-Pretrial resolution
-Trial
-Post-Trial Litigation
1:59:11 PM
SENATOR KAUFMAN asked about changing definitions and the effect
on record keeping.
MR. SKIDMORE replied that changes in the law are differentiated
by the subsections of statutes allowing additional data. The
department should be able to determine the data with current
record keeping practices.
SENATOR KIEHL asked about available resources for additional
investigation. He queried if the Department of Law has civilian
investigators or are Troopers in the police department tasked
with investigations.
MR. SKIDMORE replied that the Department of Law did not house
investigators, except in the Medicaid fraud unit. The department
lacked the benefit or privilege of an investigator on staff.
SENATOR KIEHL asked if the state has the right investigation
structure.
MR. SKIDMORE replied that the Department of Law must initiate
that level of change. The challenge lies in managing
investigators. The department is well-versed in managing
lawyers, not investigators. He noted that the Department of Law
and the Department of Public Safety converse regularly about the
issue.
SENATOR KIEHL responded that he represents a municipality with a
relevant model for supervising investigations.
2:02:58 PM
CHAIR CLAMAN asked if a statutory change was required to alter
the system related to investigations.
MR. SKIDMORE replied that the change requires a budget decision
versus a statute change. The department had the ability to
restructure the investigation process.
CHAIR CLAMAN asked if the United States Attorneys Office had
investigators employed in their offices.
MR. SKIDMORE replied that he did not know the answer. He was
unaware of investigators in the United States Attorney's Office.
The federal structure is different in terms of supervision and
authority.
2:04:51 PM
MR. SKIDMORE moved to slide 8, "Recruitment and Retention." He
stated that the recruitment and retention of personnel presents
the greatest challenge to the department. The department mission
requires the appropriate quantity and quality of personnel.
Review of Criminal Division's
Recruitment and Retention
Challenges
Applicant Shortage
Nationally
Alaska specific
Turnover 22% - 37%
SENATOR TOBIN queried the cost per person to replace an
employee. She asked to see the turnover broken down by district.
MR. SKIDMORE replied that he will return to the committee with
the position cost. He relayed that the department requires two
years to train prosecutors. He stated that with five to seven
years' experience, an attorney has the skill set to tackle more
serious cases. He provided an example about himself, and the
legal expertise gained with experience
2:09:23 PM
MR. SKIDMORE offered to provide the information by district, but
highlighted the challenge of obtaining accurate data when
employees transfer to various offices or agencies throughout the
state. The turnover rate shown today reflects employees who
leave the department. He anticipated that the analysis would be
very different from that seen on the slides today.
2:10:13 PM
SENATOR TOBIN remarked that other agencies describe similar
issues. Housing and other systemic problems may respond to
incentives or bonuses.
MR. SKIDMORE replied that the Department of Law has a program to
address employee housing challenges in rural Alaska. He offered
to engage in further conversation about such incentive programs.
2:11:10 PM
CHAIR CLAMAN asked if the turnover rate reflects the employees
who leave the department.
MR. SKIDMORE responded yes. He moved to slide 9, which is a
previous budget slide from 2020. The organization called NEOGOV
displayed the decreases in the number of applicants. He stated
that 10 thousand baby boomers retire per year and most move to
jobs in the private sector.
MR. SKIDMORE reviewed slide 10, "Recruitment and Retention
Applicant Shortage."
Recruitment and Retention
Applicant Shortage
-8% decrease in number of applicants looking for
public sector jobs
-Average of 22% fewer applicants per job 2013-2018
- Legal has suffered the biggest impact in applicants
per job, with a 64% decline in applications. Legal
jobs saw, on average, 33 fewer applicants per
available job in 2018 compared to 2013." (NEOGOV
Hiring Trends Report 2019)
-19 % decrease in Alaska applicants over last five
years (Alaska Department of Administration)
-49 prosecutor positions recruited during 2019 with an
average of less than 5 applicants per position.
Fewer applicants
Less experienced
Longer recruitment periods
Greater stress on current employees
2:17:06 PM
SENATOR KAUFMAN recalled reading about the legal profession
utilizing artificial intelligence (AI) for workforce
applications. He wondered about software packages that might
replace some of the vacant positions.
CHAIR CLAMAN stated that he was comfortable with the suggestion.
MR. SKIDMORE replied that he had not yet heard about AI used to
write legal briefs. He believed that the nuances involved in
criminal law were beyond the capacity of AI.
SENATOR KAUFMAN spoke to the potential value of AI with current
workforce shortages.
2:20:03 PM
MR. SKIDMORE moved to slide 11, "Guarded Optimism." He explained
the graph depicting the number of applicants for prosecutor jobs
in 2022 and 2023. He shared that November 1, 2022, marked the
statute change impacting attorney salaries in Alaska. He thanked
the legislature for the effect. He pointed to the increases in
applicants seen in December 2022 and January 2023. He
acknowledged that the data was too premature to establish a
trend.
2:22:03 PM
MR. SKIDMORE moved to slide 12, "Positive Trend, but Still More
Work to Do." He stated that the department saw stability in
2020, but in 2022 many attorneys transferred over to the civil
division. He stated that the civil division offered a better
work life balance. He mentioned that Alaska is the only state
without a law school, yet the bar exam requirement is higher
than most states with a passing score of 280. He supported a
recent effort to lower the bar exam score requirement. The
Alaska Supreme Court must approve the change, which will ease
entry for those with licensing issues.
Retention
Prosecutors in 2018 36.5% turned over (42 of 115)
Prosecutors in 2019 22.3% turned over (27 of 121)
Prosecutors in 2020 15.8% turned over (20 of 126)
Prosecutors in 2021 20.6% turned over (27 of 131)
Prosecutors in 2022 19.0% turned over (25 of 131)
2022
6 of 25 (24%) transferred to Civil Division.
2 of 25 (8%) transferred to Dept. of Admin.
(Public Defender/Ofc. Of Public Advocacy)
3 of 25 Licensing issue
2022 - hired 31 attorneys 13 of which had experience
(including 6 former employees returning)
Improving with efforts made.
Salary increases
Training provided
Revamped website
Social media presence
Expanding posting locations
Attending job fairs
2:28:50 PM
MR. SKIDMORE stated that the department had 24 vacant prosecutor
positions. He continued that the department hired 12 of the 24
positions and those newly hired 12 will begin work between now
and October 2023.
2:29:44 PM
SENATOR KAUFMAN asked about formalized processes for capturing
and implementing efficiency improvements.
MR. SKIDMORE replied that the department oversees 13 prosecutor
offices across the state. He opined that the department was
small enough to communicate and respond efficiently. He
recognized that the efficiency improvements were not formalized.
He spoke to an efficiency in the new case management system.
Implementation of the system allowed for use of electronic
files, which simplified file access for interchangeability and
reporting benefits. He spoke to a legislative request for the
storage and management of digital evidence.
2:32:22 PM
SENATOR TOBIN appreciated the inclusion of social media sites to
advertise job vacancies. She believed that the millennials
utilized sites like LinkedIn for opportunities and networking.
She recalled social media inferences that the Bar exam will be
abolished. She asked Mr. Skidmores opinion about eliminating
the bar exam.
MR. SKIDMORE replied that the Department of Law utilized
LinkedIn to advertise vacant positions. He commented that the
bar exam is the traditional requirement of the bar association.
He was unaware of statistics proving that the bar exam results
increase or decrease diversity among legal populations. He
opined that the bar exam held value. The Board of Governors
would make the ultimate decision related to bar exam use and
scoring.
2:34:57 PM
CHAIR CLAMAN reflected on a past discussion with Mr. Skidmore
about retention issues. He stated that effective criminal
prosecution relies on a full staff.
MR. SKIDMORE agreed that the department could not perform
without the necessary staff. He revisited the notion of statute
changes to increase efficiencies.
2:36:22 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:36 PM.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Department of Law Civil Division Overview Presentation to Senate Judiciary 2.15.2023.pdf |
SJUD 2/15/2023 1:30:00 PM |
|
| Department Of Law FY2021 Sex Offense Case Processing Report 10.26.2022.pdf |
SJUD 2/15/2023 1:30:00 PM |