Legislature(2023 - 2024)BUTROVICH 205
02/17/2023 01:30 PM Senate JUDICIARY
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| Audio | Topic |
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| Start | |
| Presentation: Public Defender Agency Overview | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 17, 2023
1:30 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Cathy Giessel
MEMBERS ABSENT
Senator Löki Tobin
COMMITTEE CALENDAR
PRESENTATION: PUBLIC DEFENDER AGENCY OVERVIEW
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
SAMANTHA CHEROT, Public Defender
Public Defender Agency
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Provided the Public Defender Agency
Overview.
ACTION NARRATIVE
1:30:43 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 Kaufman, Giessel, Kiehl and Chair Claman.
^PRESENTATION: Public Defender Agency Overview
PRESENTATION: Public Defender Agency Overview
1:31:21 PM
CHAIR CLAMAN announced the consideration of the State of Alaska
Department of Administration Public Defender Agency Overview.
SAMANTHA CHEROT, Public Defender, Public Defender Agency,
Department of Administration, Anchorage, Alaska, provided
testimony for the Public Defender Agency. She began with slide
2, "Public Defender Agency: Overview."
Mission: To provide constitutionally mandated legal
representation to indigent clients appointed by the
court.
• 83 percent -85 percent of all indigent
appointments are handled by the Public Defender
Agency
Criminal Litigation
o Misdemeanors
o Felonies
o Petitions to revoke
o probation & parole
o Juvenile Delinquency
o 5th Amendment
Civil Litigation
o Child in Need of Aid
o Commitment
Post-Conviction
o Appeals
square4 Merit, Bail, Sentence
square4 Petitions for postconviction relief
(PCR)
Administration
o Management
square4 Legislation
square4 Operations
square4 Budget & Accounting
square4 Records
square4 AmeriCorps/HDP
MS. CHEROT mentioned partnerships with the Alaska Mental Health
Trust and Alaska Legal Services to address civil issues and non-
legal barriers. The services address serious challenges such as
food insecurity, housing and substance abuse treatment. These
efforts help decrease recidivism. Funding from the Alaska Mental
Health Trust contributes to one position in Bethel, one serving
Nome and Kotzebue and a future position for the Matsu valley.
She mentioned the AmeriCorps Program, which is funded through a
federal grant providing an additional 10 positions.
1:36:03 PM
MS. CHEROT moved to slide 3, "Public Defender Agency."
Office Attorneys
Anchorage 57
Bethel 8
Dillingham 2
Fairbanks 16
Juneau 5
Kenai 9
Ketchikan 4
Kodiak 2
Kotzebue 2
Nome 3
Palmer 12
Sitka 1
Utqiagvik 0
Total 121
1:37:28 PM
MS. CHEROT continued with slide 4, "Public Defender Agency:
Challenges."
Workload
• COVID-19 Backlog
• Average number of cases assigned to each attorney in
FY23 with full staffing is projected to be 154 for all
attorneys, 172 for trial attorneys
• New Caseload standards to be published this year, NAC
set at 150 in the '70s
• Juvenile appointments are up 25 percent statewide
• Projected 18,000 new cases appointed to the Public
Defender Agency in 2023
• 11,790 cases are open currently
CHAIR CLAMAN asked about increases in juvenile cases.
MS. CHEROT opined that the increases in juvenile cases was due
to the Covid-19 pandemic. The juvenile filings decreased through
the pandemic, so the recent increase may reflect a backlog.
1:41:23 PM
MS. CHEROT continued with slide 5, "Public Defender Agency:
Challenges." She thanked the legislature and the administration
for the impact of HB 226 on attorney retention. She recounted
several recent applications from third-year law students. The
newer attorneys require additional training and supervision. All
of the department attorneys are facing backlogs, which increases
case complexity.
Retention & Recruitment
• ? in highly skilled and experienced attorneys
• ? training and supervision needs
• ? backlog of misdemeanor & felony cases
• ? backlog of serious felony trials
- 30 percent of trial attorneys have the necessary
training and experience to handle most serious
felonies unclassified and A felonies
- 40 percent of the agency attorneys have been with
the agency for less than three years, mostly for one
to two years
- 15 attorney positions currently vacant out of 121
(12 percent).
- 9 of these vacancies candidates have accepted
positions and start with the agency March through
September 2023
- An additional 4-5 third year law student applicants
are currently under consideration or have been offered
positions
- 7 vacant support staff positions out of 91 (8
percent)
1:45:39 PM
SENATOR KIEHL wondered about hiring attorneys without trial
experience during the pandemic. He asked about the trial
experience needed to move up in the department.
MS. CHEROT responded that various states provide data about
private attorney advancement. She explained that three years of
criminal defense work was required before an attorney had enough
experience to try felonies.
SENATOR KIEHL asked about factors driving attorney promotions.
MS. CHEROT responded that the agency considers both the person
and their experience level when considering promotions. An
attorney might be eligible and interested in a promotion if they
mastered a caseload and feel prepared for greater challenges.
Benefits of promotion include reduced caseloads and increased
pay. The promotion criteria is objective.
1:49:30 PM
MS. CHEROT moved to slide 6, "Public Defender Agency: Bethel and
Nome Unclassified and Class A Felonies."
• 2/13/23 PDA not accepting new appointments
o Average of 225 cases per attorney opened in Nome
in FY23 (with full staffing)
o Average of 199 cases per attorney opened in
Bethel in FY23 (with full staffing)
• Actions to reduce current caseloads
o Redistribution of cases to other attorneys in the
Agency
square4 Increases travel costs
square4 May impact retention
o Contract cases to private attorneys
square4 Increased costs
o Increase retention of new attorneys so they will
gain the experience to handle these case types
• New case appointments after notice issued:
o Court may continue to appoint Public Defender
Agency to cases
o Court may appoint Office of Public Advocacy
o Court may use Court Rule 12e to appoint private
counsel
1:53:48 PM
CHAIR CLAMAN clarified the statement about contract and staff
attorneys. He asked if the agency would offer cases or staff
attorneys following the court assignment. He was unable to hear
Ms. Cherot for a brief period of audio technical difficulty.
MS. CHEROT responded that the court assignments may be
challenged if staff is unavailable.
1:54:37 PM
SENATOR KIEHL asked about the caseloads and staffing needs in
Nome and Bethel. He wondered about the average trial attorney
caseload.
MS. CHEROT replied that she continues to advocate for additional
positions, but the challenge lies in filling vacancies. Nome had
two attorneys in the office so the third position is new. Bethel
added two or three positions. Filling vacancies may require
remote staffing, which is not ideal. She added that some
Anchorage attorneys accept cases in Bethel and Nome because of
staffing shortages.
1:56:50 PM
SENATOR GIESSEL asked about establishing a law school in Alaska
to help address the attorney shortages.
MS. CHEROT replied that Seattle University had a law program
with Alaskan connections. She agreed that a state law school
would benefit recruitment efforts. She mentioned efforts to
lower the bar exam pass score for state agency attorneys. The
effort was approved by the Board of Governors and slated for a
future Supreme Court ruling. A reduction in the pass score
increases the states competitive advantage.
1:58:40 PM
SENATOR GIESSEL appreciated learning about the reduced pass
score incentive. She added that other professions in Alaska are
also in short supply and advocating for national licensure.
MS. CHEROT opined that the suggestion of national licensure is
advantageous for attorneys. She mentioned the Universal Bar Exam
(UBE) that can be taken in various locations where scores apply
nationally.
2:00:03 PM
SENATOR CLAMAN offered to speak more with Senator Giessel about
the issue later.
SENATOR KIEHL asked about the Public Defender Agencys use of
contract attorneys.
MS. CHEROT replied that contractors are much more expensive than
staff attorneys. Internal staff attorneys receive mentorship
from experienced staff. She noted that contract attorneys are
difficult to hire, the pool is shrinking. Many agencies are
contracting with private attorneys because of nationwide
shortages. She mentioned efforts to notify private attorneys
about agency work opportunities. She expected the situation to
improve by summer or fall of 2023 when the newly hired attorneys
are available.
SENATOR KIEHL asked how many cases are contracted out to private
practice attorneys.
MS. CHEROT replied that the agency establishes contracts with
private attorneys approximately 2 percent of the time. She
pointed to early data from FY 23 where private contractors
handled 16 unclassified A felonies, 27 B felonies, 56 D felonies
and 160 misdemeanors. The agency requires expertise for the more
serious cases. The private contracts are not lucrative, but many
private attorneys accept cases to help the public defenders.
2:04:07 PM
CHAIR CLAMAN asked if the agency is bound by the Office of
Public Advocacy hourly contract rates. He wondered how much
contract attorneys are paid.
MS. CHEROT replied that contract rates were similar to those of
the Office of Public Advocacy, but the agency is not bound by
the same limitations. The agency increased rates significantly
to remain competitive with the federal rate of $164 per hour.
The case cap was also increased; however, some attorneys prefer
a flat rate.
2:06:08 PM
SENATOR KAUFMAN asked about a formally designed contracting
plan. He asked if the plan allows for scalability of staff.
MS. CHEROT replied that the goal is to be fully staffed. She
added that the agency did not have a budget for contracting.
Contracting dollars are reserved for vacancies, but in light of
the current staffing crisis, supplemental funding is designated
for private attorneys.
CHAIR CLAMAN asked how the agencys hourly rate of $150 dollars
an hour compares with hourly earnings of private practice
criminal defense attorneys in Alaska.
MS. CHEROT replied that compensation is based on experience. An
experienced criminal defense attorney in the Anchorage community
charges $300 - $500 per hour. A new attorney might start at $250
per hour.
2:09:34 PM
SENATOR KIEHL spoke about the importance of mentoring new
attorneys. He asked how the agency plans to train the newly
hired legal staff.
MS. CHEROT responded that the upcoming supplemental funding will
provide additional resources for travel and a training director.
She remarked that the most experienced attorneys have the
highest caseloads while also possessing the necessary experience
for mentoring. She pointed to the agencys new attorney
training, broken into two segments. A thorough orientation
followed by trial-skill workshops. She anticipated approval of
the new training director position.
2:13:39 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:13 PM.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Public Defender Agency Overview to Senate Judiciary 2.17.2023.pdf |
SJUD 2/17/2023 1:30:00 PM |