Legislature(2025 - 2026)BUTROVICH 205
04/09/2025 01:30 PM Senate JUDICIARY
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| Audio | Topic |
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| Start | |
| Presentation(s): 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 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 9, 2025
1:30 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator Löki Tobin
Senator Robert Myers
MEMBERS ABSENT
Senator Gary Stevens
COMMITTEE CALENDAR
PRESENTATION(S): PUBLIC DEFENDER AGENCY OVERVIEW
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
TERRENCE HAAS, Public Defender
Public Defender Agency
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Presented an overview of the Public Defender
Agency.
ACTION NARRATIVE
1:30:26 PM
CHAIR CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:30 p.m. Present at the call to order were
Senators Kiehl, Myers, Tobin, and Chair Claman.
^PRESENTATION(S): PUBLIC DEFENDER AGENCY OVERVIEW
PRESENTATION(S): PUBLIC DEFENDER AGENCY OVERVIEW
1:31:08 PM
CHAIR CLAMAN announced an overview of the Public Defender
Agency.
CHAIR CLAMAN invited Terrence Haas to put himself on record and
begin the overview of the Public Defender Agency.
1:31:28 PM
TERRENCE HAAS, Public Defender, Public Defender Agency (PDA),
Department of Administration (DOA), Anchorage, Alaska, presented
an overview of the Public Defender Agency. He said the goals of
the presentation were to explain the structure of the agency,
how and where it functions, who comprises it, the agency's
overall health as reflected in hard data, and plans to address
its future challenges.
1:32:15 PM
MR. HAAS moved to slide 2, PDA Overview:
[Original punctuation provided.]
PDA: 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
• Misdemeanors
• Felonies
• Petitions to revoke probation & parole
• Juvenile Delinquency
• 5th Amendment
Family Defense & Mental Health
• Child in Need of Aid
• Commitment
Post-Conviction
• Appeals
• Merit, Bail, Sentence
• Petitions for Post-Conviction Relief (PCR)
1:36:03 PM
CHAIR CLAMAN inquired about post-conviction relief. He said his
general sense was that, for the first few decades of statehood,
the Public Defender Agency (PDA) handled very few post
conviction relief matters. He recollected that at some point,
perhaps in the mid-1990s or later, the agency began taking on a
significant number of post-conviction relief cases, to the
extent that some attorneys now focus exclusively on that work.
He asked when that shift occurred and why it occurred.
1:36:46 PM
MR. HAAS replied that, based on his general knowledge of
criminal justice, the change reflected a broader shift across
the criminal justice system at the federal and state levels.
Post-conviction relief matters became a more common avenue for
addressing cases after conviction as merit appeals declined and
appellate routes in many state and federal systems became more
restricted. He explained that what had once been a relatively
rare procedure expanded and became more common nationwide,
including in Alaska. He expressed his belief that the Agency was
always responsible for representing clients in those matters
when a lawyer was requested and appointed by the court. He said
that there are more post-conviction relief cases now.
1:37:41 PM
MR. HAAS continued with slide 2 to address the Agency's
administration:
[Original punctuation provided.]
Administration
• Management
• Legislation
• Operations
• Budget & Accounting
• Records
• AmeriCorps/Holistic Defense
MR. HAAS said the Administration Section is the smallest domain
in terms of attorneys. He explained that administrative staff
handle agency management, legislative communications,
coordination with the Department of Administration wherein the
Agency is housed, budgeting, accounting, and recordkeeping.
AmeriCorps holistic defense is a relatively new concept within
the Agency, which the Agency is attempting to expand. It takes
some administrative energy to administer its grants.
1:38:18 PM
MR. HAAS moved to slides 3 and 4, PDA Overview. He said although
the figures on slide 3 are a little stale, they show the number
of lawyers handling each of the following practice areas:
[Original punctuation provided.]
Attorneys by Practice Area
Criminal - 90
Family Defense and Mental Health - 20
Post Conviction Relief 15
Administration 5
MR. HAAS said public defender agencies are best known for
representing individuals who cannot afford counsel. This is
often portrayed in police dramas, it is largely what the public
associates with public defender agencies, and it is one core
function of the Agency. He said 20 attorneys handle Family
Defense and Mental Health matters, which had previously been
called the Civil Division. He explained that he refers to it as
the Parent Defense Division because those attorneys primarily
defend parents in child in need of aid (CINA) cases. He said 15
attorneys serve in the Post Conviction Relief (PCR) Section,
including both appellate and PCR practitioners. He said that
although this group is smaller, it handles a significant volume
of work. Five attorneys are assigned to the Administration
Section.
1:39:56 PM
SENATOR MYERS commented on the Administration Section, stating
that it struck him as odd that what was listed as administrative
functions involved attorneys. He asked about the need for
attorneys in that section, other than drafting legislation.
1:40:18 PM
MR. HAAS replied that all of those lawyers handle litigation
directly and in the trenches. He said he personally does
misdemeanor trials with new lawyers because the Agency needs
experienced lawyers to help train new ones. He said they all do
a certain amount of that. He explained that the Agency is
organized with:
• A deputy for criminal matters.
• A deputy for civil matters.
• A deputy for training and development, who oversees
recruitment and helps train new attorneys.
• An attorney assigned solely to administrative work, including
communications with the Department of Administration and the
legislature.
MR. HAAS noted that all of them handle day-to-day casework as
well. He explained that the criminal deputy is responsible for
distributing cases evenly across the state, in accordance with
the public defender's directive. This ensures that, whenever
possible, a public defender represents a defendant in their own
community. He said that being the public defender's criminal
deputy means appearing regularly in court to respond to judges'
questions and address conflicts. Resolving conflicts and
determining where cases need to go is another major part of the
work. He stated that this is a brief example to give the
committee a sense of Agency function and structure.
1:41:53 PM
SENATOR TOBIN asked about the relationship between CINA cases
and the Indian Child Welfare Act (ICWA), inquiring whether
support is provided to tribes and biological parents.
1:42:14 PM
MR. HAAS replied that, over the 15 years that he practiced and
was a judge in Bethel, CINA cases were almost exclusively ICWA
cases. He explained that ICWA cases are governed by federal law
involving children who are tribal members and who are brought
into state court, often into state custody. He stated that the
Agency continually works to coordinate with tribes on the
complex issues involving the respective roles of tribes, the
Office of Children's Services, and legal advocates. He noted
that sometimes the State is aligned with tribes and sometimes it
is not; it depends on whether the Agency's client likes or does
not like the tribe's position. He said although it gets
complicated, the Agency is a strong proponent of getting
resources to tribes that help tribal members address the
underlying issues which lead to CINA cases. He clarified that
the Agency does not operate in tribal courts because its
enabling statute limits its work to state courts, however, it
routinely communicates with tribes and ICWA workers to help
resolve issues.
MR. HAAS noted that the previous slide mentions holistic
defense, which is a significant focus in the CINA arena. It is
aimed at addressing clients' broader challenges beyond legal
issues, many of which stem from poverty and other contributing
factors.
1:44:22 PM
SENATOR TOBIN concurred, noting that many factors contribute to
why someone appears before the court or requires services. She
asked about the caseloads of newly hired attorneys, the
mentorship provided, and the complexities of Alaska ICWA and
CINA cases. She inquired about the time it takes for new
attorneys to become proficient and able to practice
independently, and whether there is significant turnover among
attorneys focused on that area of law.
MR. HAAS replied that he will address that subject further along
in the presentation, acknowledging that the question relates to
one of the Agency's challenges.
1:45:17 PM
MR. HAAS continued the PDA Overview on slide 4:
[Original punctuation provided.]
PDA: Overview
Office Attorney Starting Still
PCNs in 2025 Recruiting For
Anchorage 62 1 5
Bethel 8 3 2
Dillingham 2 0 0
Fairbanks 15 2 0
Juneau 8 0 0
Kenai 9 2 1
Ketchikan 3 0 0
Kodiak 2 0 1
Kotzebue 2 0 0
Nome 3 0 1
Palmer 14 1 1
Sitka 1 0 0
Utqiagvik 1 0 1
Total 129 7 11
MR. HAAS explained that slide 4 shows the geographic
distribution of Agency offices across the state. He said the
Agency is spread across Alaska, including northern regions where
recruitment has been difficult. He drew attention to the
progress made in placing a dedicated attorney in Utqiagvik after
a long position vacancy. He stated that the Agency maintains
offices in Ketchikan and Kodiak, and everywhere in between.
Staffing numbers reflect his priorities and the priorities of
the Agency based on the distribution of staff. He emphasized
that Anchorage has by far the largest number of attorneys. He
said that having spent significant time in rural Alaska, one of
his priorities, when he first took over as director, was to
focus resources where people are located. He noted that
Anchorage offers practical advantages, including easier
recruitment, available office space, and lower costs. He said
the distribution of attorneys reflects those realities. He noted
that Fairbanks is the second-largest office, with Palmer close
behind, and that Bethel and several other regional offices serve
large geographic areas. He stated that his goal is to continue
improving how resources are allocated to regional offices to
better meet people where they are. He said that this directly
relates to ICWA and CINA matters. He explained that staffing
concentrations in urban areas versus rural communities creates
ongoing challenges in meeting statewide needs, for instance, the
difficulty of getting attorneys where they are needed especially
in the current job market.
1:46:55 PM
SENATOR MYERS recalled that Anchorage is the Agency's largest
office and noted the recent public attention on caseload
pressures on public defenders. He brought up the Agency's
proposal to have its attorneys serve as public defenders in
municipal cases in Anchorage. He said he was less concerned
about the budget implications of such an arrangement, given
likely receipt authority, but questioned how taking on Anchorage
municipal cases would affect caseloads. Especially if the Agency
is already experiencing staff overload.
1:47:34 PM
MR. HAAS moved to slide 6, PDA: Workload 5-year Lookback, to
respond to the question. He stated that the Department's budget
has steadily increased, largely due to higher attorney salaries.
He said a portion of the increase also allowed the Agency to
address its case backlog.
MR. HAAS said slide 6 shows data on case appointments,
disposition rates, and open and active cases. He noted that the
number of case appointments declined, a trend he believes was
also referenced by the Alaska Court System and the Department of
Law (DOL). Appointments peaked in 2020 at just over 22,000 cases
and declined to fewer than 17,000 cases in 2024, with the trend
continuing downward. He characterized this as fewer cases coming
in the door.
1:49:03 PM
MR. HAAS explained that the disposition rate has been a priority
during his time on the bench and in his role as public defender.
He stated that a disposition rate of 100 percent means the
Agency is resolving as many cases as it receives. In comparison,
a rate above 100 percent indicates a reduction in overall
caseload, while a rate below 100 percent indicates an increase
in caseload. He said disposition rates in 2020 and 2021 were
approximately 91 percent, which resulted in growing caseloads.
Beginning in 2022, disposition rates increased and continued to
improve. He said the disposition rates increased in 2024, which
he attributed to having already resolved lower-complexity cases.
He said the projected disposition rate for the current year is
approximately 110 percent, based on data from the first two
quarters, indicating that more cases are being resolved than
received. Meaning, the Agency's caseload is shrinking. He said
in January 2021, the Agency had over 14,000 open cases, and a
year later, on January 1, 2025, the number of open cases dropped
to 8,936. During that same time period, the vacancy rate
continued to drop to 8 percent, which is significantly better
than in 2022 when it was 14 percent.
1:51:24 PM
MR. HAAS addressed the question of why the Agency would take on
Anchorage municipality cases, stating the issue is complex. He
said the work requires experience, knowledge, confidence, and,
in criminal defense, independence. He stated that he cannot
consult with all attorneys on every decision they make for
nearly 9,000 clients, so he must rely on their independent
judgment, skill, and knowledge.
MR. HAAS explained that the recent period of high caseloads and
vacancy rates was driven largely by the departure of mid-level
attorneys. Mid-level attorneys typically supervise newer
attorneys and pass along essential practical knowledge in the
trenches with the lawyers they work with. He compared the
situation to assigning a brand-new, just graduated engineer to
design and oversee the construction of the Brooklyn Bridge; a
brand-new engineer would not be ready. Similarly, new lawyers
must develop foundational skills by handling cases with lower
stakes and more frequent trial opportunities.
1:52:37 PM
MR. HAAS stated that the Agency hired many new attorneys who
will soon graduate from law school, must pass the bar, and learn
how to practice law. Although it may seem counterintuitive,
taking on certain types of cases is essential to train these
lawyers and to continue improving disposition rates. Without
that training pathway, new attorneys may become overwhelmed when
handling high-stakes cases with limited knowledge, causing
caseloads to grow, snowball, and eventually stall progress.
MR. HAAS said the short answer is that the Agency needs to train
lawyers, and Anchorage needs lawyers to represent defendants. It
is not possible to proceed with prosecutions without defense
counsel in Alaska. He said the Agency is therefore a vital part
of the process going forward and justice getting done for
everybody involved.
1:54:28 PM
CHAIR CLAMAN drew attention to slide 4 and asked the public
defender to elaborate on the chart, specifically requesting
definitions for the column headings: "Attorney PCNs," "Starting
in 2025," and "Still Recruiting For."
MR. HAAS replied that "Office" refers to the geographic
location, and "Attorney PCNs" identifies the number of position
control numbers assigned to that location. He stated that
"Starting in 2025" reflects the number of attorneys the Agency
has hired for that office who have not yet arrived. "Still
Recruiting For" represents the remaining open positions for
which the Agency has not yet hired an attorney, totaling 11
systemwide. He said the Agency has hired seven attorneys and is
reasonably confident they will arrive to fill those positions.
He further stated that additional prospects exist, but only
those who have formally accepted offers are included in the
chart.
1:55:49 PM
CHAIR CLAMAN sought confirmation that since the Sitka "Starting
in 2025" column reflects a zero, the Agency is not recruiting
for that office.
MR. HAAS replied that is exactly right, the Agency has a lawyer
in Sitka.
CHAIR CLAMAN said Utqiagvik, in contrast, has one PCN for which
the Agency is still recruiting.
MR. HAAS replied that is right.
CHAIR CLAMAN sought confirmation that of the three attorney PCNs
assigned to Nome, two are filled and one is vacant.
1:56:13 PM
MR. HAAS said Utqiagvik is a community that deserves to have
someone on the ground working on ICWA cases and, more broadly,
serving as part of the community in a way that reflects Alaska's
commitment to it. He said hiring in Utqiagvik is very difficult,
and as a result, for a long time, predating his tenure, there
was not a resident public defender. It is easier to cover the
work out of Fairbanks than to find the right person for
Utqiagvik. He said it requires a special person and he wants to
find that person, expressing his belief that the agency would be
able to do so within the next year.
1:56:57 PM
MR. HAAS moved to a graph on slide 5, PDA: Budget 5-year
Lookback, which shows increased attorney salaries, funding for
attorney contracts to address backlog and vacancies, and added
positions related to increased workload from FY 2020 through FY
2024.
MR. HAAS spoke to the budget 5-year lookback, stating he did not
request a supplemental this year. He said he has no other
requests for the coming fiscal year beyond what was already
included in the governor's budget. He explained that the Agency
was well supported by the legislature and the administration,
thus was able to contract for cases that affected its backlog
and enabled it to begin recruiting in a meaningful way. He
stated that the salary increases had done a great deal of good,
and that the Agency was now very competitive in recruiting
public defender positions. He addressed workload concerns,
stating it takes time for attorneys to become comfortable in
their roles. When workloads become excessively high, there is
concern about whether the Agency can continue to take cases. He
said those conditions have a detrimental impact on the lives of
attorneys doing important work and, over time, on work culture.
He reported that the Agency is beginning to move out of that
situation, stating available resources made that possible.
1:58:04 PM
MR. HAAS revisited slide 6, PDA Workload 5-year Lookback,
highlighting the high disposition rate.
MR. HAAS spoke about the projected conflict rate for FY 2025,
stating it was 2,904 cases, compared to 3,008 cases in FY 2021.
Conflict cases are matters that are referred either to the
Office of Public Advocacy or to contract attorneys. He said the
conflict rate, as a percentage of total incoming cases, had
remained consistent for years. He expressed his hope to reduce
the conflict rate through a misdemeanor program he was seeking
to fund through receipt authority, noting that he was not
requesting state funds for the program. He explained that the
program involved a relatively small subset of cases, designed to
be conflict-free with cases screened for conflicts with the rest
of the Agency, as well as two units that were conflict-screened
to one another. He said this structure should allow the program
to handle its own cases without referring matters out to the
Office of Public Advocacy (OPA). Any remaining cases would be
contracted using funds received by the city. He said the long-
term goal is to demonstrate that a coordinated conflict process
could be done efficiently and effectively, which could
significantly improve systemwide efficiency. He said judges
frequently express frustration with late-declared or discovered
conflicts and with the delays caused by moving defendants and
cases from one agency to the other. He said his long-term hope
is to demonstrate an ability to coordinate a process that is
better for clients and for state government, noting that
duplication and inefficiency created by two separate
administrative systems is fairly significant. So, the Agency is
working on this with the Municipality of Anchorage project.
2:00:19 PM
CHAIR CLAMAN sought clarification that the Agency would
essentially try to create a separate unit within the Agency that
would allow cases which would otherwise be conflicted out to
OPA. He characterized the scenario as an internal unit that
would remain technically part of the Public Defender Agency but
would operate independently, with its files and systems kept
fully separate, thereby removing the conflict, like by being a
different entity.
MR. HAAS replied that is right. He said OPA already does this,
but does it differently than he intends. He stated he wants to
retain the benefits of a statewide agency while also creating
conflict-screened entities within it. He said large private
firms routinely use similar screening procedures, which allow
them to operate nationally and internationally without conflicts
preventing representation. He explained that the biggest benefit
is that the Public Defender Agency already has the
administrative machinery for conflict checking and record
keeping. In contrast, OPA has a separate, distinct set of
machinery to perform the same tasks. He said that operating two
separate systems creates friction in getting cases to and from
where they belong because the entities cannot coordinate easily.
He said the goal is to assign every client to a conflict-free
lawyer and to do so as efficiently as possible, for the client's
greatest benefit. He stated his belief that the Agency may
ultimately accomplish this more effectively in-house and that
the municipal project should provide an opportunity to
demonstrate its workability.
2:02:08 PM
MR. HAAS moved to slide 7, PDA Challenges. He said the next
slide outlines future challenges, the largest being the loss of
many of the Agency's most experienced attorneys. He said the
remaining group of defined-benefit employees will soon retire,
noting that salary increases kept some in place longer so they
could reach their high-three calculation. He stated that this
cohort is now approaching retirement quickly, and the Agency
will no longer have those senior attorneys. The Agency also lost
many mid-level attorneys, who made up the life of the
organization:
[Original punctuation provided.]
PDA Challenges
• Loss of experienced attorneys & increase of attorneys right
out of law school or new to the practice areas handled by
the agency
• Steady recruitment and improved retention is key
• Discovery processing digital discovery is large and
voluminous 15-200 gigabytes per case
• Overwhelms our networks
• Increases time spent by staff downloading and
storing
• Increases storage costs
• Large increases in attorney time spent to review the
material
• Pre-trial Delay New Supreme Court order related to
continuances
• Balancing the needs of individual cases/clients,
competing demands on individual attorney time/schedules,
and the need for improved disposition rates to increase
efficiency, decrease workloads and reduce backlogs
2:03:02 PM
MR. HAAS said a major challenge for the future is training new
lawyers, not only for the Agency but effectively for the entire
justice system. He noted the Agency typically retains about one-
third of the attorneys it trains; the remaining two-thirds go on
to become prosecutors, assistant attorneys general, or private
practitioners. He said Alaska must "grow its own" experienced
lawyers, in large part because the state has no law school and
few mechanisms to develop attorneys locally. Most lawyers come
to Alaska early in their careers seeking adventure, not later,
and the Agency works to encourage some to stay and become long-
term Alaskans.
2:04:00 PM
MR. HAAS said another challenge is managing discovery. With
technology producing vast amounts of digital evidence, the
Agency now receives multiple gigabytes of data continuously from
police databases and the district attorney's office. He said
processes built for the paper era have not kept pace with the
digital-age volume of evidence, creating significant strain
across state government. The greatest costs are storing massive
amounts of data and attorney time. Downloading files can consume
a substantial amount of time; reviewing long recordings only to
find out it had little relevant content, for example, someone
driving around for 1.5 hours. He noted it is not uncommon to
receive 45 minutes to an hour of footage before anything
relevant occurs.
2:05:49 PM
SENATOR MYERS asked whether other states facing similar volumes
of digital evidence have developed procedures that avoid the
longer case times Alaska is experiencing, and whether those
approaches could offer lessons.
MR. HAAS replied that there is almost certainly more Alaska
could learn from other jurisdictions. He agreed the volume of
data contributes to pretrial delay but said a larger factor is
the coordination required between agencies, the Public Defender
Agency, its conflict relationship with OPA, and transferring
files from one place to another.
2:06:39 PM
MR. HAAS said an enormous efficiency project underway with DOL
is to stop the duplication of digital evidence. The way it works
now is that there is no shared database; police upload large
files, sometimes 150 gigabytes; then the district attorney sends
the Agency a link; and the Agency must create a full separate
copy on its own servers. If a lawyer in another location needs
that evidence for a related case, chances are they are going to
download yet another copy over limited bandwidth. This means the
same material may be duplicated multiple times. He stated that
if the Agency, DOL, and APO can coordinate a shared approach, it
would save tremendous amounts of data storage and time. He said
that is a long-term project given the volume of existing data
already housed across multiple systems.
2:08:02 PM
MR. HAAS said pretrial delay remains one of PDA's most
significant challenges and is extraordinarily complex. The
Alaska Supreme Court issued an order designed to push older
cases forward and to limit the number of continuances. The
problem is more complicated than that. The Agency cannot take
cases to trial unless an attorney is fully prepared, or it risks
appeals and post-conviction relief that further slow the system.
He said the real, long-term solution returns to recruitment and
training. The biggest problem, in terms of trial delay, is
having enough experienced attorneys to try the most serious
cases, which cannot be given to new lawyers. Only attorneys with
sufficient time, proficiency, and judgment can handle those
matters. Any other approach is unfair to defendants and creates
problems in the system down the line. He said no amount of court
orders can solve this; the Agency must hire, train, and equip
the attorneys needed to tackle pretrial delay.
2:09:32 PM
SENATOR KIEHL said that in reviewing the Alaska Court System's
efforts and hearing DOL's efforts to work through backlogged
cases, it is hard to tell whether the court's orders are pushing
cases to trial too aggressively, when continuances are
legitimately needed, or when cases have simply lingered for
years. He asked where the Agency's main concerns lie with the
level of pressure and the recent procedural changes.
2:10:25 PM
MR. HAAS replied that this is the question the Agency faces. The
Alaska Supreme Court's new order addresses the number of
continuances each side may obtain before a case must proceed to
trial. It limits continuances to "extraordinary circumstances."
Lawyers are still interpreting what that means, and it is
unclear how judges will apply it. He stated that his primary
concern for the Agency and its clients is that the process
remain orderly and fair. It is rare in the implementation of
criminal justice processes that bright lines can be maintained
unless judges and other participants carefully examine the
specific circumstances of each case. In law, there is always
tension between the general rule, which is the bright-line rule,
and the specific, idiosyncratic facts that pertain to an
individual person.
MR. HAAS said the biggest worry among attorneys in the Agency is
that courts may enforce the new limits too rigidly in an effort
to push cases to trial, without considering case-specific
circumstances. He said, speaking from his time on the bench, the
goal was always to create an orderly, predictable process. The
idea was that parties know where they stood in the line of
cases, and when they had to be ready. He likened the backlog to
a giant pile of wood: the only way through it is steady, piece-
by-piece work, which is what the court is attempting to do with
the backlog of cases.
MR. HAAS said it is always the worry that an order ends up in a
head-butting battle rather than a process that creates notice
and opportunity in a clear path forward. He explained that
lawyers are not famous for making the complicated simple. They
are more famous for making the simple complicated.
2:13:26 PM
CHAIR CLAMAN commented that the most effective lawyers are often
those who make complicated issues appear simple and
understandable.
MR. HAAS agreed with that wholeheartedly.
2:13:48 PM
MR. HAAS moved to slide 8, PDA Initiatives:
[Original punctuation provided.]
• PDA: Initiatives
• Dedicated Training and Development Deputy focused on
training and recruitment
• Municipal Misdemeanor Training Unit
• Authorized by AS 18.85.155(b)
• 10 Attorneys, 2 staff
• PDA needs to complete implementation
• Receipt authority ($ in thousands):
• Supplemental for FY2025 $785.9
• Operating for FY2026 $1,571.6
• Permanent (8) and non-permanent (4) PCNs
MR. HAAS said the slide outlines Agency initiatives, some
already discussed. He said that when he became director, one of
his first directives was that everyone had to return to work,
then he figured out who could work remotely. The Agency
completed that process.
2:14:04 PM
MR. HAAS said his second major initiative was to create a new
deputy, the training and development deputy, which has been
highly successful. That deputy focuses on recruitment. He
explained the rationale for establishing the new deputy. When he
first joined the Agency, there were routinely 100 applicants for
each position. It is no longer a buyer's market when it comes to
labor in the legal community, that world no longer exists. The
Agency adapted; it actively markets itself, strengthened
recruitment, and implemented processes that work. He expressed
his belief that the Agency's efforts have been successful.
2:15:00 PM
SENATOR TOBIN noted that the Council of State Governments
Justice Center mentioned to her that some states use student
loan forgiveness or similar incentives to recruit and retain
individuals. She asked about recommendations or tools the
legislature should consider to support recruitment and
retention.
MR. HAAS replied that he is always grateful when asked what he
needs. Though expensive, defined benefit pensions would
absolutely help with recruitment and retention. Other strategies
may be more workable, including loan-forgiveness-type benefits.
Currently, the federal student loan system largely occupies that
space, and the "ten-year forgiveness moment" is a major factor
in recruitment and retention. He said that he worries about the
10-year moment when loans are forgiven; it is an aspect of
retention that the Agency has to deal with it.
2:16:51 PM
MR. HAAS said the most significant step Alaska has taken in
recruitment and retention is raising salaries to match national
levels, and recommended reviewing wages as the cost of living
rises. Part of the challenge was not adjusting salaries quickly
enough in prior years.
MR. HAAS expressed his belief that bureaucracy should switch the
way it works, such as sending attorneys to travel to law schools
to meet students where they are, strengthening social-media
outreach, and actively marketing Alaska as a destination. Convey
encouraging messaging that Alaska is the place to be.
MR. HAAS emphasized the importance of building strong training
systems, supporting new lawyers, and maintaining manageable
caseloads so attorneys want to stay. The legislature has
provided resources, and now it is on the Agency to use them
effectively to retain its attorneys.
2:18:04 PM
SENATOR TOBIN said she noticed the Agency offers an unpaid
undergraduate internship program and suggested that changing to
a paid model could strengthen recruitment.
MR. HAAS replied that is exactly right. Many defense and
prosecution offices nationwide use paid internships or
fellowships as recruitment tools, and that is an area the Agency
should pursue. He added that updating practice models toward
holistic defense, where attorneys are part of broader solutions,
also improves job satisfaction and retention. Young lawyers want
meaningful, innovative work, and if Alaska remains on the
cutting edge, they are more likely to come and more likely to
stay.
2:19:36 PM
MR. HAAS continued slide 8, Public Defender Agency Initiatives,
and described the Municipal Misdemeanor Training Unit. He
acknowledged there may be controversy in taking on more work but
emphasized that misdemeanor trial experience is a tremendous
training opportunity. He said he watched young lawyers move
through the process and begin to understand what it takes to
become criminal defense attorneys, noting the work is not easy.
MR. HAAS said the goal is to have eight permanent and four
nonpermanent position control numbers (PCNs) as part of that
unit. The nonpermanent positions allow new attorneys to "try it
out," and those who show commitment can transition into
permanent roles across the Agency. He said the others might
eventually become prosecutors, assistant attorneys general, or
private attorneys. He explained that the Anchorage contract
provides nearly $786,000 in FY2025, and in future years, if case
levels remain within about 25 percent of today's levels, the
city would pay just under $1.6 million per year. That amount
covers operational costs, though it does not cover the
significant training and hiring workload. He noted that interest
has exceeded expectations, with many lawyers reaching out
because the program offers courtroom experience without
overwhelming new attorneys.
MR. HAAS concluded his presentation and said he was happy to
take questions.
2:21:29 PM
SENATOR MYERS drew attention to pretrial delays on slide 7 and
expressed concern about continuances. He said it could become a
self-fulfilling cycle: more continuances cause trials to extend,
which increases the case backlog, which then leads attorneys to
need more time and request more continuances. He asked whether
the Agency is seeing these problems.
MR. HAAS replied that it is. He said continuances quickly become
complicated for defense attorneys. He noted recent Anchorage
Daily News (ADN) reporting on the issue and explained that each
continuance request is driven by the lawyer's assessment of what
benefits the client. But the defense is only one part of the
equation: once a continuance is requested, the prosecution
responds, and the judge must then balance multiple interests,
including victims' concerns and whether the case has already had
too many delays.
MR. HAAS gave a brief overview that dated back to the pandemic,
when "the trial machine was turned off." He compared it to a
diesel generator that must stay running or becomes very hard to
restart. When trials stopped, many newer attorneys never
experienced a functioning trial system. At the same time, there
was a major outflux of experienced lawyers. As a result, newer,
inexperienced lawyers were pushed to try cases without having
seen the system operate. He said rebuilding trial momentum is
difficult and cannot be accomplished by orders or mandates
alone. Attorneys need to see trials in action to understand the
benefit of the trial system, emphasizing that trials set the
"gold standard." That is how attorneys figure out the economics
of a criminal case, considering such factors as:
• What a case is worth.
• What would the judge give me?
• What is the likelihood of an acquittal?
• What is the likelihood of a conviction, and would that be
better than a given offer?
MR. HAAS explained that those kinds of questions all arise in
the environment of a trial.
2:24:43 PM
SENATOR MYERS sought confirmation that the public defender was
appointed in 2021.
MR. HAAS replied that date is complicated because he was
appointed, then later confirmed.
SENATOR MYERS clarified that he does not want to assign blame
for issues that pre-date his appointment. He stated that while
COVID significantly worsened delays, it is his understanding
that trial-related problems existed even before the pandemic. He
acknowledged the difficulty of restarting the trial machine but
expressed concern that if pre-COVID conditions are treated as
the benchmark, that period already had systemic issues. He
stated that he wants to avoid attributing systemic issues
entirely to COVID.
2:25:37 PM
MR. HAAS quipped that he discovered that part of the job is
being blamed for decisions made before his tenure. He agreed
with the point, noting that trial-delay issues were developing
before the pandemic. He said that when he first joined the
Agency, he reviewed a 1978 report and found that the problems
described then closely mirror those faced today. In the long
view, trial delay is a recurring challenge, and keeping cases
moving will always require attention. He said that while the
pandemic did not create the problem, it created administrative
difficulty. He said addressing the problem is harder, for him
personally, because the Agency had the compounded workload of
finding and training new lawyers.
2:26:37 PM
CHAIR CLAMAN asked whether the Agency has receipt authority or
needs authorization to use it.
MR. HAAS replied that the Agency does not currently have receipt
authority and is working through the executive branch process,
noting he does not believe it appears in any budget at this
time.
CHAIR CLAMAN sought confirmation that no legislation is required
and that the receipt authority would simply need to be included
in the budget documents.
MR. HAAS said he believed that was correct but cautioned that he
does not fully understand the budget process.
CHAIR CLAMAN directed the inquiry to a member of the Senate
Finance Committee.
2:27:17 PM
SENATOR KIEHL said the authority to receive and expend funds
must go into the budget, actively working with the Department of
Administration on FY2026 and with the cochairs on the more
complex FY2025 supplemental.
2:27:41 PM
CHAIR CLAMAN sought verification that separate legislation is
not required and that the matter falls entirely to Finance.
SENATOR KIEHL answered that separate legislation is not required
and that it is a Finance matter.
CHAIR CLAMAN asked whether the misdemeanor unit's eight
permanent and four nonpermanent positions effectively equal 12
PCNs. He sought confirmation that nonpermanent hires receive
different benefits, such as real-life trial experience with the
freedom of having no expectation of continuing employment with
the Agency. They can move on to private practice or can switch
over to a permanent position with the Agency when they are
ready.
MR. HAAS replied that nonpermanent roles allow attorneys to try
the work and transition quickly into permanent positions when
openings arise, provided it is a good fit.
2:28:31 PM
CHAIR CLAMAN recalled that in some larger Alaska cities,
prosecution offices, and defense offices partner with private
firms on one-year internships that give new attorneys trial
experience without an expectation they will remain long-term.
MR. HAAS expressed that he thinks that is right. The question
highlights the value of being creative and borrowing effective
strategies and solutions wherever he sees them.
2:29:19 PM
CHAIR CLAMAN expressed appreciation to the public defender for
traveling to Juneau, stating in-person is an improvement over
the virtual option.
2:29:52 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:29 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Public Defender Agency Presentation to Senate Judiciary 4.9.25.pdf |
SJUD 4/9/2025 1:30:00 PM |