SENATE BILL NO. 49 "An Act allowing appropriations to the civil legal services fund from court filing fees." 9:17:21 AM GENEVIEVE WOJTUSIK, STAFF, SENATOR LESIL MCGUIRE, discussed the intent of the legislation. She explained that the bill was designed to help fund civil legal services for low- income Alaskans, and provide a mechanism for funding the Alaska Legal Services Corporation (ALSC) by allowing the legislature to appropriate up to 25 percent of filing fees paid to the Alaska Court System during the previous fiscal year. She recounted that the corporation was a non-profit charitable 501(c)(3) established in 1966 to address civil legal aid need of low-income Alaskans; and was funded from a variety of state, federal, and private sources. She specified that the bill had a zero fiscal note from the court system. Co-Chair MacKinnon referred to an analysis on the fiscal note, and remarked that currently the court system collected a little over $2 million, with an annual appropriation to the legal services fund of up to $550,000. Ms. Wojtusik reported that the court system had collected $2.252 million the previous year, with up to a quarter of that amount ($563,225) allowed to be appropriated to the fund. Co-Chair MacKinnon asked if the legislature already had the ability to appropriate the funds. Ms. Wojtusik responded that legislature currently gave money through the operating budget, but did not actually designate funds every year, which the bill would allow for. 9:19:36 AM Vice-Chair Micciche clarified that SB 49 did not require an appropriation, but rather allowed the legislature to appropriate up to 25 percent of the filing fees. Ms. Wojtusik concurred. Vice-Chair Micciche suggested that when the state was not in a compromised budget environment that it currently was, it could appropriate funds to the legal services fund. Vice-Chair Micciche expressed concern that the funds were used to fund abortions. NICOLE NELSON, DIRECTOR, ALASKA LEGAL SERVICES, stated that federal law prohibited any funds coming through the organization to be used to fund abortion-related litigation or other controversial areas such as clients who were undocumented or incarcerated. 9:21:49 AM Senator Dunleavy asked for a description of the services provided by ALSC. Ms. Nelson related that ALSC was a non- profit law firm that provided free legal aid to low-income Alaskans statewide. She added that the firm had been operating for 45 years through 11 offices located in urban and rural communities; striving to serve clients with critical unmet civil legal needs. Ms. Nelson described typical scenarios under which individuals might access ALSC services: domestic abuse/child custody issues; child guardianship rights for grandparents; and veteran's benefits disputes. She furthered that in criminal cases individuals were guaranteed a court-appointed attorney; whereas in the civil realm there was no such guarantee. She specified that ALSC served about 2,500 people each year, which ended up directly impacted about 6,000 families. Senator Dunleavy asked how the bill would benefit ALSC. Ms. Nelson explained that currently the organization was forced to turn away half of the individuals seeking legal help. The legislation would help with the unmet legal needs of those who were turned away due to lack of resources. She discussed the cost efficiency of the organization and commented that 80 percent of cases were resolved without having to go to court, with the average case costing $600. She pointed out that the attorneys were paid well below market rate, and first year attorney was paid about $42,000 a year. She mentioned leveraging funds through donated office space and volunteers. 9:25:32 AM Senator Bishop asked how many attorneys were on staff. Ms. Nelson stated that there were approximately 25 attorneys statewide, as well as a large network of pro bono attorneys who volunteered their time. Co-Chair MacKinnon asked if there was a reason not to change the requirement to require volunteer service as part of licensing renewal for attorneys. Ms. Nelson was uncertain if she knew how to answer the question, and advised that the Alaska Bar Association was in charge of licensing requirement. She added that attorneys were asked by the association to volunteer 50 hours per year, and there were many attorneys who were very generous with their time. 9:26:37 AM Co-Chair MacKinnon OPENED public testimony. Senator Olson asked if ALSC only dealt with civil litigation rather than criminal cases. Ms. Nelson answered in the affirmative. Senator Olson asked if ALSC dealt with mediation and arbitration. Ms. Nelson reported that ALSC would help with mediation and arbitration if it was appropriate. 9:27:06 AM MARIE DARLIN, COORDINATOR, AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP), JUNEAU, spoke in support of the legislation. She thought the legislation provided a more stable funding mechanism for ALSC, which was an important part of the services needed by seniors who would not otherwise have access to legal support. She stated that without such access, low-income seniors were vulnerable to many things that could affect their lives, and were subject to all kinds of unfair or exploitative practices. She referred to an increasing senior population, and stated that AARP fully supported the bill. 9:29:26 AM LINDA TOWARAK, NATIVE VILLAGE OF UNALAKLEET, UNALAKLEET (via teleconference), spoke in support of the bill. She discussed use of ALSC services by Unalakleet seniors; recounting that 11 community elders had received assistance with wills. She specified that 6 of the 11 individuals who received assistance were military veterans, and 4 were widows of veterans. She expressed appreciation for the work of ALSC. 9:31:34 AM MONINA WILLIS, ANCHORAGE (via teleconference), spoke in support of the legislation. She related past experience utilizing the services of ALSC including assistance with a domestic violence protective order and a child custody case. She emphasized the impact that having access to free legal services had made upon her life and that of her daughter. 9:33:32 AM MELBA BIGGS, SELF, ANCHORAGE (via teleconference), spoke in support of the bill. She related that she had accessed legal services from ALSC during a child custody case. She shared her personal financial details and emphasized the importance of the free legal assistance. 9:35:06 AM Co-Chair MacKinnon CLOSED public testimony. SB 49 was HEARD and HELD in committee for further consideration. 9:35:14 AM AT EASE 9:35:43 AM RECONVENED