ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 15, 2017
1:51 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Zach Fansler, Vice Chair
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Chuck Kopp
Representative Lora Reinbold
MEMBERS ABSENT
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Louise Stutes
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Board of Governors of the Alaska Bar Association
William A. Granger - Anchorage
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 8
"An Act relating to protective orders."
- MOVED HB 8 OUT OF COMMITTEE
HOUSE BILL NO. 106
"An Act allowing appropriations to the civil legal services fund
from court filing fees."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 8
SHORT TITLE: ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
SPONSOR(s): REPRESENTATIVE(s) EDGMON
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) CRA, JUD
01/31/17 (H) CRA AT 8:00 AM BARNES 124
01/31/17 (H) Moved HB 8 Out of Committee
01/31/17 (H) MINUTE (CRA)
02/01/17 (H) CRA RPT 5DP 1NR
02/01/17 (H) DP: TALERICO, WESTLAKE, DRUMMOND,
PARISH, FANSLER
02/01/17 (H) NR: RAUSCHER
02/08/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/08/17 (H) Heard & Held
02/08/17 (H) MINUTE (JUD)
02/13/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/13/17 (H) Heard & Held
02/13/17 (H) MINUTE (JUD)
02/15/17 (H) JUD AT 1:30 PM GRUENBERG 120
BILL: HB 106
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(s): REPRESENTATIVE(s) FANSLER
02/06/17 (H) READ THE FIRST TIME - REFERRALS
02/06/17 (H) JUD, FIN
02/15/17 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
WILLIAM GRANGER
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar Association.
TIM CLARK, Staff
Representative Bryce Edgmon
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 8, offered a
comment.
MARY SCHLOSSER, Staff
Representative Zach Fansler
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 106, answered
questions.
NIKOLE NELSON, Director
Alaska Legal Services Corporation
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 106, testified and
answered questions.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 106, answered
questions.
DENISE DANIELLO, Executive Director
Alaska Commission on Aging
Division of Senior and Disabilities Service, Department of
Health & Social Services
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 106, offered
support for the legislation.
ACTION NARRATIVE
1:51:02 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:51 p.m. Representatives Fansler, Eastman,
Kopp, and Claman were present at the call to order.
Representatives Reinbold and Kreiss-Tomkins arrived as the
meeting was in progress.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
Board of Governors of the Alaska Bar Association
1:51:45 PM
CHAIR CLAMAN brought before the committee the appointment of
William Granger to the position of the Board of Governors of the
Alaska Bar Association. [Committee packets contain biographical
information.]
1:52:16 PM
WILLIAM GRANGER said that he is privileged to serve on the Board
of Governors of the Alaska Bar Association, and this is his
fourth or fifth appointment in three-year terms. He opined that
the position, and his re-appointment, is important to the Alaska
Bar Association and the state's population at large, because he
offers continuity and institutional knowledge from a board
management perspective. Although, he commented, the management
and a good portion of its staff have varied tenures, the rest of
the board turns over one-third every year. Therefore, he
explained, after a three-year stint there is a whole new group
of people trying to interpret previous policies, regulations,
and various laws and practices. He pointed out that it also
makes it difficult for any type of long-term planning or the
ability to take actions exceeding the person's normal term, and
remarked that he is pleased to offer himself for another
appointment to the board as he believes there is a lot of work
to be done.
1:54:30 PM
REPRESENTATIVE EASTMAN asked when his first interest in the
Alaska Bar Association (ABA) took place.
MR. GRANGER responded that he has always had a keen interest in
the law, his profession is as a banker and he has had long-term
professional relationships with members of the ABA across the
entire state, mainly in commercial types of transactions. He
described himself as a layman student of the law, and he has
found it intellectually challenging to be amongst a group of
thinkers trying to hold a process together in the administration
of justice.
REPRESENTATIVE EASTMAN requested that Mr. Granger explain some
of the responsibilities he will have if he continues in this
position.
MR. GRANGER answered that he has been in various positions, but
for the most part it has been that of treasurer, which is not a
rubber stamp or token position. The ABA has faced budget
challenges over the years in assessing its membership for dues
to the ABA, which is a mandatory bar. He related that it has
gone through various budget philosophies, such as spending off
surpluses and lowering dues and retaining surpluses and
maintaining dues levels, he said.
He commented on the importance of running a budget, of which he
said he is very good, and that the staff at ABA is also good and
diligent. He pointed out that he was instrumental in cost
reductions, mainly in the area of benefits and long-term changes
to accruals. Previously, ABA had no limit to accruals on paid
time off or sick leave, and when dealing with people who have
been there 20-30 plus years, their accruals become huge future
potential liabilities, and that putting caps on those accruals
and limiting the amount of accruals as the staff turns over is
important. He related that health care was important because
"they basically had a bottomless health care program," and today
they pay premiums, reimbursement accounts, co-pays, higher
deductibles, of which all drove down ABA's health care expenses
dramatically. Those efforts were instrumental in keeping the
bar dues where they have been and, he said, he is proud of the
fiscal responsibility he was able to instill within the Board of
Governors.
1:59:35 PM
CHAIR CLAMAN remarked that he has had the privilege of serving
on the Board of Governors with Mr. Granger for six years, and
that he was first appointed by Governor Tony Knowles and has
continued to be re-appointed by each governor since that time,
which is a reflection of Mr. Granger's dedication to the Board
of Governors. He recalled that Mr. Granger was the force with
the public members when the dues needed to be more of a pay-as-
you-go system. The public members also took the lead to add a
pro bono coordinator to the ABA because they felt it was
important for the bar dues to support the encouraged volunteer
services. He thanked Mr. Granger for his service on the board.
2:01:29 PM
MR. GRANGER commented he believes that, while public members are
not a majority, they are a force to be reckoned with. He
expressed that he is pleased to advise that the lawyers on the
board listen and are very thoughtful about taking advice from
the public members, who bring a perspective of what it is like
on the street. In addition, he opined, the public members are
keen on public education and opportunities, and the Alaska Bar
Association (ABA) puts a huge effort into Martin Luther King Day
for public advocacy, education, and assistance to those unable
to pay for legal assistance. He stressed that those small
things add up in making the ABA a vibrant part of communities,
and it also pays back to the communities it has the privilege of
serving.
2:03:12 PM
REPRESENTATIVE FANSLER, after reviewing Mr. Granger's resume,
thanked him for his long history of participating in public
service, and that appreciates his time and dedication to Alaska.
2:03:37 PM
REPRESENTATIVE FANSLER said the House Judiciary Standing
Committee has reviewed the qualifications of the governor's
appointee and recommends that the name, William A Granger,
appointee to the Board of Governors of the Alaska Bar
Association be forwarded to a joint session of the Senate and
House of Representatives for consideration. This does not
reflect intent by any of the members to vote for or against this
individual during any further sessions for the purposes of
confirmation.
HB 8-ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS
2:04:25 PM
CHAIR CLAMAN announced that the next order of business would be
HOUSE BILL NO. 8, "An Act relating to protective orders."
CHAIR CLAMAN explained that this is the third hearing on the
bill. On [2/13/17], the committee adopted proposed committee
substitute [Version 30-LS0127\D] as the working document. Due
to concern there could be unintended consequences by repealing
certain subparagraphs in Sec. 8 and 9, a proposal was made to
return to [Version 30-LS0127\A] as the working document. He
then asked Representative Fansler to explain his reasoning in
returning to Version A.
2:05:01 PM
REPRESENTATIVE FANSLER offered his appreciation to
Representative Eastman for [Version D], and his desire to make
Alaska's laws concise, understandable, and as plainly read as
possible. He then spoke to the importance of not cutting the
two sections cut from Version D, such that it could lead the
state down the trail of unintended consequences by eliminating
the language as it appears under the dissolution section.
Thereby, he explained, sending a sign to attorneys, the court
system, or others, that perhaps these types of protective orders
no longer should be considered. Certainly, an argument could be
made that because the committee went out of its way to eliminate
that, protective orders no longer have a relevance in a
dissolution proceeding which, he stressed, is definitely not the
committee's intent. Also, he pointed out, [Version A] continues
to encourage the good practice of filing protective orders,
thereby, putting the protective order on the record for law
enforcement and the court system within in the Alaska Public
Safety Information Network (APSIN).
2:07:09 PM
TIM CLARK, Staff, Representative Bryce Edgmon, Alaska State
Legislature, said that the sponsor, Representative Edgmon, is in
full support of the proposal to return to Version A.
REPRESENTATIVE EASTMAN remarked that this is an example of the
committee highlighting the responsibility of each member to look
closely at the laws being drafted, and not rush bills out of
committee until the members have confidence in the bills.
2:08:56 PM
REPRESENTATIVE FANSLER moved to adopt HB 8, Version 30-LS0127\A
as the working document. There being no objection, Version A
was before the committee.
2:09:40 PM
REPRESENTATIVE FANSLER commented that he is supportive of HB 8
being moved along, and reiterated that HB 8 is bringing Alaska
statutes into alignment with federal law.
CHAIR CLAMAN offered appreciation to Representative Eastman in
offering the questions he raised. He related that over history
brought forward by former Representative Max Gruenberg, the
reputation of this committee is that it digs into details,
doesn't hesitate to discuss details carefully, and this
committee continues in that tradition.
2:10:38 PM
REPRESENTATIVE FANSLER moved to report HB 8, Version 30-LS0127\A
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HB 8 was
moved from the House Judiciary Standing Committee.
HB 106-CIVIL LEGAL SERVICES FUND
2:11:13 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 106, "An Act allowing appropriations to the civil
legal services fund from court filing fees."
2:11:57 PM
REPRESENTATIVE FANSLER read his sponsor statement as follows:
This bill will safeguard Alaskans' access to the civil
justice system by creating a stable and sustainable
mechanism for funding the Alaska Legal Services
Corporation, protecting those who cannot afford to
hire an attorney of their own. It allows the
Legislature to appropriate up to 25 percent of filing
fees paid to the Alaska Court System during the
previous fiscal year into the already existing Civil
Legal Services Fund.
The Alaska Legal Services Corporationestablished in
1967is a nonprofit charitable 501(c)(3), whose
funding comes from a variety of state, federal, and
private sources.
Alaska Legal Services Corporation endeavors to serve a
growing number of eligible applicants. Since 1984, the
number of Alaskans who qualified for legal services
has more than doubled, from 41,000 to over 100,000.
Yet currently, the state's contribution to The Alaska
Legal Services Corporation is only a fraction of what
it was 30 years ago. House Bill 106 aims to stabilize
The Alaska Legal Services Corporation funding and help
ensure that civil legal aid is available to all
Alaskans, not just the few who can afford it.
2:13:45 PM
REPRESENTATIVE FANSLER explained that HB 106 is a mechanism
toward possibly funding more money toward the Alaska Legal
Service Corporation in the future, and that it, in no manner,
obligates future legislatures.
REPRESENTATIVE REINBOLD asked whether the filing fees are the
fees within which 25 percent would be deducted regarding issues,
such as adoption, change of name, and depositing a will.
REPRESENTATIVE FANSLER stated yes, and advised that this is
currently the court fees set out in statute for district court,
superior court, document copies, and the like.
2:15:27 PM
REPRESENTATIVE REINBOLD surmised that up to 25 percent of "these
fees collected" go into a special fund.
REPRESENTATIVE FANSLER explained that they could go into a fund
that would go toward Alaska Legal Service Corporation.
REPRESENTATIVE REINBOLD said that, basically, Representative
Fansler does not believe these are affordable fees already, and
that people do not have access to justice due to the fees.
REPRESENTATIVE FANSLER pointed out that these fees are required
for anyone filing a lawsuit in a district court, for instance,
and would pay $125 when the case was filed. Purely
hypothetically, he offered, in the event the legislature was
looking at FY18, this bill would allow the legislature to decide
for FY18 whether it would appropriate any amount up to 25
percent to the Alaska Legal Services Corporation. In that
regard, when a person files a district court case for $125,
$12.50 of that filing fee would be put toward the Alaska Legal
Services Corporation.
2:17:15 PM
REPRESENTATIVE REINBOLD described it as a redistribution of
wealth, at first glance, and appears likely the fees will go up
for other people.
REPRESENTATIVE FANSLER expressed that "in no way shape or form"
is the intent of this bill to raise filing fees for anyone, and
it reads that the court fees go directly into the general fund
and can be used for anything. He reiterated that these fees are
already being generated in the court system, and to set aside
ten percent of the filing fee (amount used in the hypothetical
example), and $12.50 would go to funding the Alaska Legal
Corporation.
2:18:24 PM
REPRESENTATIVE KOPP asked whether most of the people represented
by the Alaska Legal Services Fund are victims of domestic
violence, seniors, or people with at least one disability.
REPRESENTATIVE FANSLER answered in the affirmative.
REPRESENTATIVE KOPP inquired as to how many years the Alaska
Legal Services Fund has been in existence.
2:19:07 PM
MARY SCHLOSSER, Staff, Representative Zach Fansler, Alaska State
Legislature, responded that this would be a new fund. She
explained that a fund was established in 2007 to collect
punitive damage fees, and those fees have been erratic for the
past ten years with one allocation of $90,000, and during the
past four years the allocation was $20,000 in punitive damages.
She described the system as unstable because not many punitive
damages have been collected into the court system. She
explained that HB 106 stabilizes future funding, as opposed to
likely funding in lean times.
2:19:59 PM
REPRESENTATIVE KOPP surmised there has been an unstable funding
stream to represent thousands of people that otherwise will not
be represented. He further surmised that the legislature could
appropriate any amount of money up to 25 percent, and
[currently, The Alaska Legal Services Corporation Corporation]
is [solely] relying on those [punitive damages] awards.
2:20:40 PM
REPRESENTATIVE FANSLER said Representative Kopp was correct in
that the intent of this bill is to, in the future, stabilize
these fees for the Alaska Legal Services Corporation for the
large number of people it represents around the state.
Obviously, he pointed out, the intent is to "in no way shape or
form" obligate future legislatures, it merely provides a
mechanism for that funding in the future when Alaska's economic
situation is in a different place. Perhaps, he offered, in the
future, legislatures will feel secure in giving stable funding
year-to-year to the Alaska Legal Services Corporation.
2:21:41 PM
REPRESENTATIVE KOPP said that earlier it was established that
its clients are primarily seniors, persons with disabilities,
and victims of domestic violence. He asked whether this legal
service would ever be provided to people in a criminal case,
abortion related litigation, representation of prisoners, or for
other controversial issues.
2:22:21 PM
REPRESENTATIVE FANSLER remarked that none of Representative
Kopp's scenarios are allowed under federal law. The Alaska
Legal Services Corporation cannot provide representation in the
following: criminal matters; involvement in abortion related
litigation; class actions; representation of prisoners;
redistricting activities; cases where a private attorney may
provide contingency fees such as tort litigation; individuals
evicted from public housing due to illegal drug use; or,
representation of undocumented immigrants except for human
trafficking cases. The federal law is quite clear on what the
Alaska Legal Services Corporation can provide, he pointed out,
and when reviewing Alaska's statistics in FY2016, there were
2,880 cases helping 6,035 low income Alaskans. He related that
one-third represents seniors, 32 percent involved individuals
with at least one disability, and 25 percent involved domestic
violence victims. There are numerous offices throughout Alaska
offering assistance, particularly with veterans close to
Alaska's bases and helping veterans receive legal representation
to apply for any number of veteran rights programs.
2:24:18 PM
REPRESENTATIVE EASTMAN asked the current amount of money moving
from the state to the corporation, how many people are being
turned away, and in the event, this amount of funding was
allocated, how much of the gap would it close.
REPRESENTATIVE FANSLER responded that the Alaska Legal Services
Corporation is currently funded at $450,000 in the governor's
budget through a grant to named recipients in the Department of
Commerce, Community & Economic Development budget. As Ms.
Schlosser mentioned, $20,000 sometimes comes from the unstable
situation of punitive damages. He advised he does not have the
percentage of cases turned away, but he is aware, as an attorney
who has volunteered pro bono work for the Alaska Legal Services
Corporation, that it strives to take every case that comes
through the door. Sometimes this leaves the system stressed,
they do have paid attorneys, and when the stress point is hit
they look for volunteer attorneys, he advised. Nikole Nelson
may be able to answer the question better as to which cases are
turned away, what would be needed to close the funding gap,
2:26:28 PM
REPRESENTATIVE EASTMAN inquired as to how the Alaska Legal
Services Corporation identifies a case it can take on versus a
case the corporation doesn't have the resources to take on, and
noted the 125 percent of federal poverty guidelines. He then
mentioned that he had a friend who was turned away, so it does
happen, and asked whether it is based off of poverty guidelines,
and how it makes those tough decisions.
REPRESENTATIVE FANSLER deferred to Nikole Nelson, the Alaska
Legal Services Corporation.
CHAIR CLAMAN advised that his firm volunteers for the Alaska
Legal Services Corporation by performing the case screening
function, and it meets with folks and reports to the Alaska
Legal Services Corporation whether or not to take the case. He
clarified that his firm does not make the decision about taking
the case, but he is aware it relies on his firm's review of the
case.
2:27:26 PM
NIKOLE NELSON, Director, Alaska Legal Services Corporation,
responded that, unfortunately, due to lack of resources it turns
away approximately 50 percent of people asking for services in
any given year. In response to Representative Eastman's second
question, she advised that one piece of the prioritization
process is determining an income stream to be certain the folks
do qualify for services, and those who are unable to afford an
attorney on their own. The Alaska Legal Services Corporation
then determines the severity of the need, and noted that clients
request assistance ranging from small claims issues to victims
of domestic violence to seniors facing foreclosure. It attempts
to prioritize those cases regarding the most vulnerable citizens
with civil legal needs impacting their health, safety, and
livelihood. Unfortunately, she said, even in that case,
sometimes folks are still turned away due to the lack of
resources. In assessing cases, the Alaska Legal Services
Corporation determines the merits of the case and it tries to
assist people only if they have a case going forward, and it
tries to leverage its additional resources, or limit them. In
the event it is not able to actually represent someone in court,
it assesses their situation to determine whether they might be
able to represent themselves if provided some guidance. The
Alaska Legal Services Corporation tries to provide some limited
assistance or advice that would help them represent themselves
independently, she reiterated.
MS. NELSON responded to the question regarding the deficit gap
and how much money it would take to cure it, by advising that a
2012 study by the Alaska Mental Health Trust Authority that
found for every additional $100,000 allocated to the Alaska
Legal Services Corporation, it can serve an additional 182
people. The Alaska Legal Services Corporation estimates that
Alaska's justice gap deficit at this point is approximately
35,000 legal problems in any given year. Although, she
explained, some of those problems probably do not require an
attorney but rather some assistance and self-help education.
She estimated turning one family away for everyone it is able to
accept, means that it is able to take on approximately 2,880
cases per year. Therefore, she related, it would need to be
doubled before the justice gap was cured with respect to those
issues affecting people, their health, safety, and livelihoods.
2:33:51 PM
REPRESENTATIVE EASTMAN advised that in reviewing the [bill]
language, it appears there is statutorily a limitation on a
legislature being able to appropriate funds. That limitation
would continue on, so that if the legislature did not
appropriate the 25 percent, is it correct that it couldn't grab
that money from someplace else, he asked.
REPRESENTATIVE FANSLER offered his understanding that the
legislature can, at any time, appropriate funds toward the
Alaska Legal Services Corporation, as it is in its purview to do
so.
REPRESENTATIVE EASTMAN commented "The language then here 'non-
operative' when it says that the legislature may appropriate to
the fund only. Because my initial reading would be that that's
kind of a loss thing, the legislature can appropriate a fund
which was surprising when I saw that."
2:35:19 PM
REPRESENTATIVE FANSLER related that his office is willing to
work with him, and Legislative Legal and Research Services, to
review the language and perhaps proper grammar could be inserted
to say, "The fund from amounts deposited in the general fund of
the state, under," and possibly change the "and/or," or
something similar.
2:36:05 PM
REPRESENTATIVE EASTMAN said it wasn't necessarily grammar as
much as if the intent was to maintain a cap on what the
legislature could appropriate, that would one thing, but if the
committee does not want to maintain a cap then possibly an
amendment would be necessary.
CHAIR CLAMAN noted that this statute is somewhat aspirational
rather than mandatory because it doesn't require any
expenditure. He said he imagined that if the legislature
wanted, in its infinite wisdom, to appropriate $2 million to the
Alaska Legal Services Corporation, there would be nothing in
this statute that prevented the legislature from doing so. He
then referred to the problem with the limited number of punitive
damage awards under AS 09.17.020.
REPRESENTATIVE FANSLER reiterated that the bill could be worked
on as a group, and noted that he doesn't think this limits it,
but if others are concerned, he is certainly willing to work
with them. He clarified that that was not an amendment and the
committee is addressing HB 106 as it was originally presented.
2:38:11 PM
REPRESENTATIVE KOPP surmised that the only limitation for the
amount of money available to appropriate would be the amount of
the filing fees themselves.
REPRESENTATIVE FANSLER agreed, and he explained there would be a
limitation because each year the legislature could deem to
appropriate any amount below 25 percent. He offered that one
would think that in these difficult fiscal times it would
probably be in the zero percent area, but once times get better,
hopefully, the legislature would try to provide that stability
Representative Kopp referred to previously.
2:39:00 PM
REPRESENTATIVE KOPP pointed to the handout, and said that it
depicts the filing fees for the last seven years and what 25
percent would mean.
2:39:31 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System, said she was
available to answer questions.
REPRESENTATIVE REINBOLD commented that this bill is coming from
a good place, with good intentions. She said that at a high
level, her preference would be to have lawyers perform pro bono
work for these people in the community, as opposed to the
legislature re-appropriating money to a corporation. She asked
whether the poor have access to a public defender.
2:40:41 PM
MS. MEADE expressed that the court is absolutely neutral on HB
106, and it does not affect the court system fiscally in any
manner because the court system deposits all of its filing fees
into the general fund. She responded to Representative Reinbold
that indigent people are entitled to representation by the
public defender in criminal cases, and the Alaska Legal Services
Corporation represents people in civil actions. She explained
there is no constitutional guarantee to a free publically
provided attorney in a civil action, and opined that the Legal
Services Corporation fills that gap for indigent members of the
public.
2:41:40 PM
REPRESENTATIVE REINBOLD referred to domestic violence and asked
whether Ms. Meade was saying those are civil actions.
MS. MEADE explained that a Petition for Domestic Violence
Protective Order is a civil action and the Alaska Legal Services
Corporation would not provide representation to a defendant in a
domestic violence criminal case. For example, she related, if
the state criminally charges a person with domestic violence
assault on a household member, and is seeking a misdemeanor or
felony conviction for something related to domestic violence,
the Alaska Legal Services Corporation would not be involved, and
that defendant would be entitled to hire a private attorney or
obtain a public defender if indigent. Although, she explained,
in the event a victim of domestic violence has needs related to
a non-criminal protective order and is asking the court to order
someone to stay away from them, it would be a civil matter and
the Alaska Legal Services Corporation could be involved.
REPRESENTATIVE REINBOLD surmised that, basically, it is not only
in a civil action, such as a protective order, but it would also
help with the court fees.
MS. MEADE clarified that the fees would not change as it does
nothing to court fees that people have to pay. As an aside, she
explained that indigent people do not have to pay filing fees
when filing a civil action because there is an exemption if
someone is deemed indigent. She reiterated that the court
system collects a fee each time a person files an action, the
fees are varied depending upon the type of action filed such as,
a small claims action, or a will, or a civil action, and the
court, in turn, pools that money and deposits it into the
general fund. The document Representative Kopp pointed to
depicts the aggregate of what the court system collects in those
funds, for example, last year it was $2.5 million. This bill
would not change the court system's fees, it wouldn't affect
fees that anyone else would pay, and it doesn't do anything to
the court system's filing fees, she remarked.
2:44:20 PM
REPRESENTATIVE REINBOLD surmised that the court does waive
filing fees for indigent populations.
2:44:36 PM
MS. MEADE said she was correct; an indigent person does not have
to pay a filing fee. She related that the Alaska Legal Services
Corporation represents people in actual court actions. For
example, in a landlord tenant action, the Alaska Legal Services
Corporation, as their attorney in that case, does not have to
pay the filing fee. Although, that individual incurs the legal
expenses unless the Alaska Legal Services Corporation is helping
them with their legal fees, she explained.
2:45:04 PM
REPRESENTATIVE REINBOLD surmised that this bill would take up to
25 percent of fees that other people paid and pass them over to
the lawyer representing them in the case.
2:45:19 PM
MS. MEADE reiterated her characterization of the process and
said that the court system collects approximately $2 million in
fees each year from the filing fees, and indigent people and
state agencies do not pay a filing fee. She reiterated again
that the court system deposits it into the general fund, and it
doesn't know or care what the legislature does with its general
fund dollars, thereafter. She explained that under this bill
the legislature may take up to 25 percent of that amount and put
it into a special account in the general fund, and the
legislature can then appropriate out of that special account to
the Alaska Legal Services Corporation.
2:46:00 PM
REPRESENTATIVE REINBOLD stated that it would go to the corporate
lawyers in this case. She commented that rather than being pro
bono, it would now go into the corporation, so they would be
paid for the work.
2:46:15 PM
MS. MEADE pointed out that even though the Alaska Legal Services
Corporation is called a corporation, it is not actually similar
to corporate lawyers in the manner that a person may think of
it. Ms. Meade pointed out that they are a group of attorneys
who work with other attorneys in the legal community who offer
their time pro bono. She reiterated that whatever percentage
the legislature may decide to appropriate from this fund would
go to Alaska Legal Service for its operations, including legal
representation to the poor.
CHAIR CLAMAN opened public testimony on HB 106.
2:47:28 PM
DENISE DANIELLO, Executive Director, Alaska Commission on Aging,
Division of Senior and Disabilities Service, Department of
Health & Social Services, explained that the Alaska Commission
on Aging is a governor appointed board, within the Department of
Health & Social Services, that plans services for seniors,
educates Alaskans about senior issues, and provides
recommendations regarding budget and policy items directly to
the governor and the legislature. She advised that the senior
population is approximately 126,000 individuals, aged 60 years
and older. Ms. Daniello related that the commission supports
this bill because the Alaska Legal Services Corporation is an
important resource for seniors. She added that during the
public comment segments at board meetings and other community
forums, seniors have expressed their appreciation for the help
they have received from the Alaska Legal Services Corporation in
assisting them to establish Miller Trusts, wills, powers of
attorney, settle landlord tenant disputes, and resolving health
care issue from Medicare and Medicaid. Recently, she related,
the Alaska Legal Services Corporation has gone into communities
explaining the changes to the power of attorney statutes, which
were enacted last year through House Bill 8. People appreciate
that information, so they can understand why those changes were
made, where the changes are in the form, and why it is in their
best interest, she said.
CHAIR CLAMAN, after ascertaining no one further wished to
testify, closed public testimony on HB 106. He then explained
that he will re-open public testimony if requested.
2:50:01 PM
REPRESENTATIVE REINBOLD asked that Ms. Meade return to the
witness table and acknowledged that Ms. Meade had answered this
question, but she wanted to be absolutely sure it was on record.
She asked whether Ms. Meade anticipates any increase of fees for
anyone else due to this bill.
MS. MEADE reiterated that this bill will have absolutely no
effect on how the court system sets its filing fees.
2:50:55 PM
REPRESENTATIVE KOPP commented that it cannot be underscored
enough that the Alaska Legal Services Corporation is a non-
profit, a 501(c)(3), and that the non-profit is one of the
geniuses of our American system. He commented that most of the
time it does things that government is ill-suited to do,
generally, better. He remarked that "this is a very low-cost
legal service vehicle" to provide legal services to the neediest
people, and that in his professional life over many years he has
seen it work. He then turned to the fund situation and how
money is set aside, and pointed out that there many examples in
current law, such as the Alaska Police Standards Council
training surcharge wherein every time someone receives a
speeding ticket or is arrested, the $50 training surcharge is
included. He explained that it is appropriated as a special
fund within the general fund, and the legislature has the option
of appropriating that amount or less. He expressed that this
bill is no different, it is setting up a fund, and he agrees
with Chair Claman that it is aspirational and not directive, in
that it simply establishes a vehicle for this funding mechanism
to occur up to 25 percent. He described that this is probably
one of those bills where legislators can tangibly show that they
care about people who are vulnerable and in tough circumstances.
2:52:52 PM
CHAIR CLAMAN said that the bill would be held over and, based on
this discussion, he plans to move the bill out of committee on
Monday [2/20/17]
[HB 106 was held over.]
2:53:25 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:53 p.m.