Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/15/2015 01:30 PM JUDICIARY

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Audio Topic
01:38:02 PM Start
01:39:15 PM Confirmation Hearing: Commission on Judicial Conduct
01:49:57 PM HB11
02:09:14 PM HB15
02:49:58 PM HB75
02:58:53 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Commission on Judicial Conduct
George R. Boatright
+ HB 83 REPEAL COLLECTION OF CIVIL LITIG. INFO TELECONFERENCED
Scheduled but Not Heard
+ HB 11 NO INTERNET ACCESS TO SOME CRIM. CASES TELECONFERENCED
Moved CSSSHB 11(JUD) AM Out of Committee
+ HB 75 MARIJUANA REG;CLUBS;MUNIS;LOCAL OPT ELECT TELECONFERENCED
Heard & Held
+ HB 15 CREDITS FOR TIME SERVED/GOOD TIME TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
         HB  11-NO INTERNET ACCESS TO SOME CRIM. CASES                                                                      
                                                                                                                              
1:49:57 PM                                                                                                                    
VICE  CHAIR  COGHILL reconvened  the  meeting  and announced  the                                                               
consideration of  HB 11. "An Act  restricting the  publication of                                                               
certain  records  of  criminal  cases  on  a  publicly  available                                                               
Internet website; and providing for an effective date."                                                                         
                                                                                                                                
BARBARA BARNES,  Staff, Representative Tammie  Wilson, introduced                                                               
HB 11, reading from the following sponsor statement:                                                                            
                                                                                                                                
     "Every  person   is  presumed  innocent   until  proven                                                                    
     guilty".  HB  11 directs  the  Alaska  Court System  to                                                                    
     remove  from its  public  internet  website records  of                                                                    
     criminal cases  that were acquitted of  all charges, by                                                                    
     dismissal  of  all charges,  or  by  acquittal of  some                                                                    
     charges  and dismissal  of remaining  charges after  60                                                                    
     days  have  elapsed  from  the  date  of  acquittal  or                                                                    
     dismissal of the case.                                                                                                     
                                                                                                                                
     CourtView,  the  Alaska  Trial Courts  online  publicly                                                                    
     accessible  database,   provides  access   for  persons                                                                    
     seeking  information  on  the status  of  criminal  and                                                                    
     civil  cases,  the  nature of  criminal  charges  filed                                                                    
     against persons,  and the final outcome  of litigation.                                                                    
     Court  View  forever  shows  the  arrest  and  charging                                                                    
     documents  for   persons  who  were   never  convicted,                                                                    
     allowing society to scrutinize  any individual, for any                                                                    
     reason, and  socially chastise  the innocent.  In spite                                                                    
     of CourtView user warnings, that  a charge is not to be                                                                    
     considered  a  conviction,  this public  posting  of  a                                                                    
     person's name  and charges  can have  dire consequences                                                                    
     on the individual's  livelihood and inherent liberties.                                                                    
     From housing to employment  prospects, the innocent are                                                                    
     socially judged  guilty by the  very presence  of their                                                                    
     names  on CourtView  regardless of  the outcome  of the                                                                    
     case.                                                                                                                      
                                                                                                                                
     By  very definition,  a  person is  not  a criminal  if                                                                    
     acquitted at  trial, or if  their case is  dismissed by                                                                    
     the   courts.  In   American   jurisprudence,  we   are                                                                    
     considered   innocent  until   proven  guilty.   HB  11                                                                    
     champions  this principle.  We  ask  that Alaskans  who                                                                    
     have not been found guilty  of any wrong doing be given                                                                    
     the  right  to  emancipation  of  social  distrust  and                                                                    
     inherent prejudices.                                                                                                       
                                                                                                                                
1:53:04 PM                                                                                                                    
VICE CHAIR COGHILL  asked Ms. Meade to comment on  whether or not                                                               
case files would be confidential and  if the court could meet the                                                               
60-day deadline.                                                                                                                
                                                                                                                                
1:53:40 PM                                                                                                                    
NANCY MEADE, General Counsel,  Administrative Staff, Alaska Court                                                               
System, clarified that the Court System  is neutral on HB 11. She                                                               
confirmed that under  the wording of this bill,  case files would                                                               
be public,  not confidential. The  bill directs the  Court System                                                               
to remove the cases from  CourtView within 60 days of disposition                                                               
of the  case, and  that can  be done. The  court believes  it can                                                               
comply  with  the  legislative intent  to  do  it  retroactively,                                                               
although there may be some glitches in that piece, she said.                                                                    
                                                                                                                                
VICE CHAIR COGHILL  asked the sponsor's staff  if the information                                                               
that  was removed  from CourtView  would be  available through  a                                                               
records search at the courthouse.                                                                                               
                                                                                                                                
MS. BARNES replied that's correct.                                                                                              
                                                                                                                                
VICE  CHAIR COGHILL  asked  Ms. Meade  how  someone would  access                                                               
those paper files  at the courthouse after they  had been removed                                                               
from the website.                                                                                                               
                                                                                                                                
MS. MEADE replied the court  is working on the process. Initially                                                               
they were  thinking that people  could go to  one of the  40 some                                                               
courthouses and submit  a request for the clerk to  look up those                                                               
dismissed and acquitted  cases. The other alternative  is for the                                                               
court  to  create a  third  portal  on  CourtView that  would  be                                                               
available at courthouses  so a citizen could look  up somebody by                                                               
their last  name and find  something more  than is on  the public                                                               
version.  They haven't  figured out  how to  do that  yet, or  if                                                               
that's the best option, but they will before the effective date.                                                                
                                                                                                                                
VICE CHAIR COGHILL asked if it  will impose a financial burden on                                                               
the Court System to create the third portal.                                                                                    
                                                                                                                                
MS. MEADE replied  the Court System submitted a  zero fiscal note                                                               
with the knowledge  that it would require staff  time and perhaps                                                               
actual dollars to comply with the bill.                                                                                         
                                                                                                                                
1:58:08 PM                                                                                                                    
SENATOR  MICCICHE asked  how often  someone who  is convicted  of                                                               
domestic  violence  is found  to  have  a  long track  record  of                                                               
dismissals and acquittals.                                                                                                      
                                                                                                                                
MS. MEADE  replied she  didn't know how  often that  happens, but                                                               
she understands the concern. Some  people would not have anything                                                               
on CourtView yet they may have  had cases filed against them that                                                               
ended in dismissal  or acquittal for some reason  or another. She                                                               
recalled that concern was voiced last year.                                                                                     
                                                                                                                                
SENATOR  MICCICHE said  he wanted  it clear  for the  record that                                                               
acquittals  and  dismissals  would  still  be  available  at  the                                                               
courthouse.                                                                                                                     
                                                                                                                                
MS. MEADE confirmed that was correct.                                                                                           
                                                                                                                                
SENATOR COSTELLO  asked what recourse  people would have  if they                                                               
didn't have a courthouse in their community.                                                                                    
                                                                                                                                
MS. MEADE  explained that courthouses  are spread  throughout the                                                               
state  so  that  every  community  has access  to  a  court.  For                                                               
example,  the court  in Palmer  serves  Big Lake  and the  Bethel                                                               
court  serves  the community  of  Eek.  People  that want  to  do                                                               
research under this bill would have  to go to the courthouse that                                                               
serves their community.                                                                                                         
                                                                                                                                
SENATOR  MICCICHE  asked if  someone  could  request the  records                                                               
telephonically.                                                                                                                 
                                                                                                                                
MS.  MEADE responded  that the  Court System  doesn't offer  that                                                               
service as  a regular practice  because of  staffing limitations,                                                               
but the court does exercise a rule of reason.                                                                                   
                                                                                                                                
VICE CHAIR COGHILL invited the sponsor to comment.                                                                              
                                                                                                                                
REPRESENTATIVE  TAMMIE WILSON,  sponsor of  HB 11,  described the                                                               
bill  as a  "happy in  between" of  former Senator  Dyson's bill.                                                               
That  bill  would have  sealed  all  the  records whereas  HB  11                                                               
directs  the  court to  remove  records  of criminal  cases  from                                                               
CourtView  [60  days]  after  a criminal  case  is  acquitted  or                                                               
dismissed,  but  that  information  is  still  available  at  the                                                               
courthouse.                                                                                                                     
                                                                                                                                
SENATOR MICCICHE opined that it's  important that the information                                                               
is still available. He described the bill as a fair compromise.                                                                 
                                                                                                                                
SENATOR COSTELLO asked how other states address this issue.                                                                     
                                                                                                                                
REPRESENTATIVE WILSON said she couldn't  find anything similar to                                                               
this when she researched county records.                                                                                        
                                                                                                                                
VICE CHAIR COGHILL asked Ms. Meade to address the question.                                                                     
                                                                                                                                
2:06:48 PM                                                                                                                    
MS. MEADE said  there is a broad spectrum of  thinking about what                                                               
is appropriate  to post online and  it's handled in a  variety of                                                               
ways.  Some  courts  post every  document  while  others  exclude                                                               
family and  criminal law. The  Alaska Court System  favors public                                                               
court records,  although there has  to be  a balance. If  this is                                                               
the policy call of the legislature, the court will follow it.                                                                   
                                                                                                                                
2:08:40 PM                                                                                                                    
SENATOR  MICCICHE moved  to report  SSHB 11  from committee  with                                                               
individual recommendations and attached zero fiscal note.                                                                       
                                                                                                                                
VICE  CHAIR  COGHILL  announced  that  without  objection  CSSSHB                                                               
11(JUD)  AM  is  reported  from  the  Senate  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
Resume George Boatright_ Judicial Conduct.pdf SJUD 4/15/2015 1:30:00 PM
1_HB11 Sponsor Statement.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
2 HB11 Version N.A.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
3 HB 11(JUD) am Explanation Of Changes 4-9-2015.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4 HB 11 FN 1.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.2 HB11 FN 3.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.3 HB11 FN 4.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.4 HB11 FN5.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.5 HB 11 FN6.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.6 HB 11 FN 7.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5 HB11 Letter of Support Whited.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.1 HB11 Support Document SB108 - Carmen Gutierrez.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.2 HB11 Support Document SB108 - James Noble.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.3 HB11 Support Document SB108 - Mary Geddes.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.4 HB11 Letter in Opposition - AK Assoc of Chiefs of Police.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.5 HB11 Testimony Wally Tetlow.msg SJUD 4/15/2015 1:30:00 PM
HB 11
1 HB 15 Sponsor Statement.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
2 HB 15(FIN).pdf SJUD 4/15/2015 1:30:00 PM
HB 15
2.1 Senate Judiciary CS for HB15 Version X.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
3 HB 15 (FIN) Sectional Analysis 4-9-2015.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
4 HB15 FIN Explanation Of Changes 4-9-2015.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5 HB15- FN 1.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5.1 HB15-FN 2.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5.3 HB15-FN 3.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5.4 HB15-FN 4.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6 HB15 Supporting Document - Electronic Monitoring Requirements.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6.1 HB15 Supporting Document - Electronic Monitoring Terms and Conditions.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6.1 HB15 Supporting Document - Electronic Monitoring Terms and Conditions.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6.2 HB15 Supporting Document - DOC House arrest and EM program indigent form.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
1 HB75 Sponsor Statement versionU A.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
2 HB75 Version U.A..pdf SJUD 4/15/2015 1:30:00 PM
HB 75
3 HB75(JUD)am Sectional Analysis versionUA.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
4 CSHB75 Explanation of Changes U Aversion.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
5 HB75 FN 1.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6 CSHB 75 Supporting AML.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.1 HB 75 Supporting CBJ.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.2 HB 75 Supporting MOA.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.3 HB 75 Supporting MPP.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
CSHB75 Explanation of Changes R version.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
CSHB75 Version R.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.5 HB15 Supporting Document - US Dept of Justice Electronic monitoring and recidivism.pdf SJUD 4/15/2015 1:30:00 PM
HB 15