HB 77-NUMBER OF SUPERIOR COURT JUDGES  2:19:36 PM CHAIR CLAMAN announced that the final order of business would be HOUSE BILL NO. 77 "An Act relating to the number of superior court judges in the third judicial district; and providing for an effective date." 2:20:04 PM NANCY MEADE, General Counsel, Alaska Court System, said HB 77 would increase the allotted number of superior court judges by two and specify that those seats serve in the Third Judicial District. She said HB 77 would allow the Alaska Court System to take the two already-existing district court seats one in Homer, one in Valdez and fill those seats with superior court judges. She stated that HB 77 was introduced by the House Rules Committee by request of the Alaska Court System. She explained that it is rare for the courts to request a statutory change but noted that this situation requires it. She said HB 77 is a priority for the Alaska Supreme Court. 2:21:07 PM MS. MEADE addressed why the Alaska Supreme Court wants a statutory change, specifically that Homer and Valdez are the only court locations in Alaska that are served by only a district court judge. She said they are the last remaining single judge locations where the judge is not a superior court judge. She noted that superior court judges have original jurisdiction over all trial court issues that arise in the state, whereas district court judges have only limited jurisdiction. She said superior court judges can handle felonies, child-in-need-of-aid cases, domestic relations cases, juvenile delinquency, civil cases with amount in excess of $100,000, and probate cases. She said district court judges are limited to misdemeanors, civil cases with a lower dollar amount, and some other matters. She said the court system wants to equip Homer and Valdez with superior court judges who can handle everything filed in those locations. 2:22:19 PM MS. MEADE noted that the timing for this change is ideal, as the district court seat in Valdez is currently vacant due the former judge's appointment to a new superior court seat in Juneau. She added that the district court judge in Homer has announced her retirement effective at the end of June. She said if HB 77 passes this year, the court system will be able to advertise those seats as superior court judges rather than district court judges. MS. MEADE explained that the court system wants this change because the current status quo for handling cases in those locations is and has long been problematic. She said superior court cases in Homer are covered by the superior court judge in Kenai, who travels to Homer one week per month. She said this is not a sustainable or effective way to handle that caseload. She added that there are additional costs to the current Homer which make it inefficient. 2:24:04 PM MS. MEADE said the Valdez situation is similar. She restated that the district court seat is vacant and if the court system were able to fill it with a superior court judge, the new judge would be able to handle all cases there. She said the former district court judge was exceptional and had been able to handle some superior court matters with special appointments from the Alaska Supreme Court. She said if the seat were filled by another district court judge, superior court matters would have to be handled by judges from Palmer, Kodiak, or elsewhere. She said the Alaska Supreme Court has explored many ways to cover Homer and Valdez and has determined the change proposed in HB 77 to be the most cost-effective. 2:25:54 PM REPRESENTATIVE EASTMAN asked if the number of district court judges is set in statute and, if not, how that number is determined. MS. MEADE said the number of district court judges is established in the court system's administrative rules. 2:26:16 PM REPRESENTATIVE WOOL asked if the number of superior court judges is limited as well. He asked for more information about the differences between superior court and district court judges. He also asked if superior court judges sometimes hear district court cases. 2:27:12 PM MS. MEADE clarified that the number of district court judges is set in the court's rules. She said there is a statute that says the court can amend that number from time to time. She said the qualifications for superior court judges are generally similar to district court judges. She said superior court seats may require a longer residency. She added that superior court judges are chosen the same way district court judges are chosen. She described the process through which applicants are processed by the Alaska Judicial Council and scored by the Alaska Bar Association before the most qualified are nominated to the governor. She said different caseloads attract different applicants. She said some applicants prefer the quicker pace of the district court while others prefer superior court cases that last longer and require more writing and research. She said whether superior court judges cover both superior and district court caseloads depends on location. She said the plan is for the proposed superior court judges in Valdez and Homer to cover both kinds of cases. 2:29:37 PM REPRESENTATIVE WOOL asked if district court judges ever apply to superior court seats. MS. MEADE answered that it sometimes happens. She said many district court judges are happy with their roles. She noted not all judges seek to move up a level and some are better suited to one level and not another. CHAIR CLAMAN shared that current Chief Justice Joel H. Bolger previously served as a district court judge in Valdez, then was appointed to the superior court seat in Kodiak, then was appointed to the Alaska Court of Appeals, then was appointed to the Alaska Supreme Court, from which he was elected Chief Justice by his colleagues. He said he thinks Chief Justice Bolger is the first judge in Alaska history to have served at all four levels of the court system. 2:31:20 PM REPRESENTATIVE LEDOUX said she understands there are locations where a single court judge hears both superior and district court cases. She said she assumes the court system has had experience with these situations and has found it works well. MS. MEADE answered "yes." She said the court system seeks to replicate the success of locations like Kotzebue, Dillingham, Nome, and Sitka. 2:32:17 PM REPRESENTATIVE EASTMAN asked if he understands correctly that Homer and Valdez are the state's only stand-alone district courts. MS. MEADE answered "yes." REPRESENTATIVE EASTMAN asked how long it would take after the passage of HB 77 to amend the court's rules to reflect a decrease in district court seats. MS. MEADE said once HB 77 is signed, the court rules attorney would recommend the administrative rule be decreased by two seats. She said the process for making noncontroversial administrative rule changes moves quickly. CHAIR CLAMAN noted that the court system can change its rules faster than the legislature can pass legislation. 2:33:38 PM REPRESENTATIVE EASTMAN asked how many district court judges would remain should HB 77 become law. MS. MEADE answered there would be 20. 2:34:03 PM REPRESENTATIVE KOPP noted that the number of judges is set in statute. He cited [AS 22.10.120]. MS. MEADE said this is correct. She said there is language in statute that allows the Alaska Supreme Court to change the number from time to time as it sees fit. REPRESENTATIVE KOPP asked if it would take a two-thirds vote from the legislature to change a court rule. MS. MEADE distinguished between this court rule, which is an administrative rule, and one of the rules of practice and procedure that are covered in the state constitution. She said a two-thirds vote is not necessary to amend an administrative rule. REPRESENTATIVE KOPP posited that only a simple majority is necessary. MS. MEADE clarified that the legislature would not be amending the administrative rule. She said the legislature would be amending the statute, after which the court system would determine the necessity of a rule change. 2:35:26 PM CHAIR CLAMAN said the court system has authority to change its own rules due to the separation of powers held in the state constitution. He said the Alaska Supreme Court can change court rules whenever it sees fit, as part of its inherent authority. He noted that a two-thirds majority of the legislature can essentially tell the court, "We're changing a rule and you've got to live with it." 2:36:14 PM REPRESENTATIVE KOPP stipulated that the court system's changing of the rule hinges on the legislature passing HB 77. He asked if the fiscal note was reflective of a single judge's salary or of both positions. MS. MEADE explained that the fiscal note is reflective of the net impact of shifting both positions. She said the number reflects the difference in salary and benefits for two positions less savings on travel costs for other judges to cover superior court cases. REPRESENTATIVE KOPP asked if this is the same thing the legislature did when it upgraded the Juneau position to a superior court seat. MS. MEADE answered yes. She referenced House Bill 298 [passed in the Thirtieth Alaska State Legislature] which made it so. 2:37:27 PM REPRESENTATIVE EASTMAN asked about a scenario in which, regardless of whether HB 77 passes, the Alaska Supreme court elects to add district court judges. He asked if that decision would require a majority vote of the Alaska Supreme Court and if the decision would require budgetary adjustments. MS. MEADE called the scenario "quite hypothetical." She said it would require a budgetary increase for two new positions. REPRESENTATIVE EASTMAN asked whether that would require a majority vote of the Alaska Supreme Court. MS. MEADE answered that rule changes happen often. She described the process through which the rules attorney brings recommendations from various rules committees before the court. She said the court votes on how to approach those proposed rule changes. 2:39:15 PM CHAIR CLAMAN opened public testimony on HB 77. After ascertaining that no one wished to testify, he closed public testimony. HB 77 was held for further review.