CS FOR SENATE BILL NO. 237(FIN) An Act relating to the compensation of justices and judges, and to increasing the number of superior court judges designated for the third and fourth judicial districts; and providing for an effective date. CHRIS CHRISTENSEN, STAFF COUNSEL, ALASKA COURT SYSTEM, addressed the pay raise for judges. Over the last 15 years, judges' salaries have been reduced by 42 percent. The problem is made worse by the way judicial salaries are set in statute. Salaries have not kept up with inflation. In rural Alaska the situation is even worse due to geographic differentials in salaries. Judges are often not the highest paid state employees in the community. Bethel's position has been vacant for 11 months. Mr. Christensen spoke about the published list of state salaries. Superior Court Judges' salaries have dropped to 185th. Salaries have dropped relative to other judiciaries and relative to state employees. He spoke about the high number of citizens that come before the court. A judge has the power to destroy someone's life and must make major decisions. He argued for employing the best lawyers possible as judges. Mr. Christensen related qualifications for being a judge and common attributes. He addressed income and salary decline, which may cause lawyers not to apply to be judges. He mentioned judicial positions that remain vacant. It is important to have judges with private sector experience. Mr. Christensen noted that the bill would provide for a new salary structure, but would remain below the previous salary structure. Under the new salary structure, Alaska judges th that standards may need to be lowered to fill judge positions. He urged support of the bill. Mr. Christensen addressed the perception that the increased pay raise in the bill is 50 percent. It seems that high because existing law depicts judges' salaries ten years ago. He stated that the increase is actually less than 30 percent. 2:01:58 PM Vice Chair Stoltze asked if there is any component of public service with value, such as a retirement system for judges. He also wondered if the state is losing judges to federal judgeships. Mr. Christensen replied that there is a strong component of public service to being a judge. He spoke of social restrictions experienced by judges. The Bureau of Labor Standards publishes a survey that has determined, nationwide, the public service discount is 20 percent less than a lawyer of similar experience in the private sector. In Alaska, judges are working for a 40 percent public service discount. Before Judges receive a paycheck they have to sign a sworn affidavit that says nothing has been on their desk for longer than 6 months. He gave an example of a case that lasted 6 months and a judge's paycheck was withheld because cases were backlogged. There is a strong public service component to being a judge. He stated that several state judges have taken federal jobs. 2:07:05 PM SUSAN PARKS, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, offered to address the Department of Law fiscal notes. Representative Hawker inquired about the Alaska Court System fiscal note, which addresses a capital expenditure for improvements in the Kenai facility. He did not debate that improvements were needed, but wondered why the expense was not included in the capital budget. Co-Chair Chenault agreed that was odd. Mr. Christensen said they were advised to put all costs into the fiscal note, including capital costs. He commented that the costs in Kenai are the same as the cost for the facility in Palmer and are accurate. 2:10:17 PM Co-Chair Chenault asked how many judgeship vacancies there are. He wondered if the judicial council has ever made a recommendation to not accept a judicial candidate. LARRY COHN, EXECUTIVE DIRECTOR, ALASKA JUDICIAL COUNCIL, ALASKA COURT SYSTEM, replied that in the 80's several applications for retention were rejected. Co-Chair Chenault listed all of the fiscal notes that accompany SB 237: fiscal note #2 by the Alaska Judicial Council, fiscal note #4 by the Office of the Governor, and with new fiscal notes by the Alaska Court System, the Department of Law, the Department of Public Safety, the Department of Administration, and the Department of Corrections. 2:14:50 PM Representative Hawker MOVED to REPORT CSSB 237 (FIN) out of Committee with individual recommendations and the accompanying fiscal notes. Vice Chair Stoltze OBJECTED. Vice Chair Stoltze said he has a concern with all of the issues being tied together. He wished that the Judicial Council was more receptive to some of the ideas put forth by the legislature and by the public regarding enhancing the recruitment process for judges. Vice Chair Stoltze WITHDREW his OBJECTION. 2:16:18 PM Representative Joule noted that a number of crime bills were passed this session. This bill is the connecting piece to hold people accountable for appropriate behavior. He spoke in support of SB 237. Representative Kelly OBJECTED to the motion to adopt SB 237. He questioned whether there is actually more crime today. He admitted to having difficulty passing the bill out of Committee. 2:18:45 PM Representative Hawker noted that this is a significant policy decision and financial commitment. He said he has no reservations about passing SB 237. He spoke to the "deferred maintenance" issue in the judicial system, where the community has grown and crime has increased. He called it the number one priority legislation in his district. He spoke strongly in support of the bill. Representative Kelly REMOVED his OBJECTION. Vice Chair Stoltze agreed with Representative Hawker's comments. There being NO further OBJECTION, it was so ordered. CS SB 237(FIN) was REPORTED out of Committee with a "no recommendation" and with fiscal note #2 by the Alaska Judicial Council, fiscal note #4 by the Office of the Governor, and with new fiscal notes by the Alaska Court System, the Department of Law, the Department of Public Safety, the Department of Administration, and the Department of Corrections. 2:22:52 PM