HB 58-OPA: PUBLIC ADVOCATE APPOINTMENT  1:53:58 PM CHAIR MERRICK reconvened the meeting and announced the consideration of HOUSE BILL NO. 58 "An Act relating to the office of public advocacy; and relating to the public advocate." 1:54:15 PM COURTNEY OWEN, Staff, Representative Zack Fields, Alaska State Legislature, Juneau, Alaska, paraphrased the sponsor statement for HB 58: [Original punctuation provided.] HB 58 Sponsor Statement  The Office of Public Advocacy (OPA) was created in 1984 by the Alaska Legislature to provide legal advocacy and guardianship services to vulnerable Alaskans. Before OPA, the court system acted as the public guardian for low-income clients and appointed private attorneys when the Public Defender Agency (PDA) had a conflict of interest. The PDA provides court-appointed legal representation as required by the Constitution. Both OPA and PDA are part of the Department of Administration. Initially, OPA was responsible for public guardianship, guardian ad litem (GAL) services, legal representation for low-income individuals, and supporting private guardians and conservators in accessing necessary services. Over time, OPA's responsibilities have grown to include legal representation and GAL services in cases involving termination of parental rights, children testifying in criminal proceedings, juvenile delinquency proceedings, protective orders for minors, elder fraud, and other areas. Today, OPA and PDA operate as separate law firms of comparable size, yet their leadership selection processes differ significantly. The Alaska Judicial Council nominates candidates for PDA Director (Public Defender), from which the Governor chooses. However, the Public Advocate (OPA Director) position lacks this initial vetting process by the Council, despite both positions requiring substantial legal experience. Additionally, the Public Defender has a term limit of at least four years, while the Public Advocate serves at the pleasure of the Commissioner and can be terminated at any time. House Bill 58 would make the selection of the Public Advocate analogous with that of the Public Defender. The bill aims to standardize the nomination process to ensure stability and continuity in this important agency. 1:57:45 PM CHAIR MERRICK announced invited testimony on HB 58. 1:58:00 PM SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council (AJC), Anchorage, Alaska, described the process by which the Alaska Judicial Council (AJC) screens and nominates applicants for the Public Defender position. She shared her understanding that Section 5 of HB 58 would apply a similar screening process and similar criteria to the Public Advocate position. She described the Public Defender screening process as follows: 1. AJC announces the vacancy • Announcement is sent to all members of the Alaska Bar Association 2. 5-week application period • Extensive application form (27 pages) • Gathers information on the applicant's education, legal experience, trial practice experience, references, judges and attorneys who can provide feedback on their performance in cases, waivers provide access to the applicant's confidential personnel file 3. AJC sends a survey to members of the Alaska Bar Association • Survey asks for comment from those who have direct professional experience with the applicant • Comments are related to the applicant's qualifications in the following categories: • Legal ability • Judicial temperament • Experience • Integrity • Overall suitability for the position. • Survey results are tabulated and published for public viewing 2:00:08 PM MS. DIPIETRO continued to describe the Public Defender screening process: 4. AJC staff performs an investigation, contacting all real employers for detailed feedback on candidate's performance. This includes a credit history. 5. Public comment hearing (public can submit additional comments at any time during the application process). 6. AJC interviews applicants (interviews last roughly 45 minutes per applicant) 7. AJC deliberates and nominates the most qualified applicants. • AJC must nominate two individuals (and may nominate more than two). 8. These nominees are forwarded to the governor. MS. DIPIETRO reiterated her understanding that AJC would have a similar (if not identical) process for the Public Advocate position. 2:01:58 PM CHAIR MERRICK opened public testimony on HB 58; finding none, she closed public testimony. 2:02:17 PM CHAIR MERRICK held HB 58 in committee. 2:02:38 PM There being no further business to come before the committee, Chair Merrick adjourned the Senate Community and Regional Affairs Standing Committee meeting at 2:02 p.m.