Meeting Minutes) Is Prepared by the Legislative Service Office (LSO) and Is the Official Record of the Proceedings of a Legislative Committee Meeting
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D r a f t O n l y A p p r o v a l P e n d i n g SUMMARY of PROCEEDINGS J O I N T J U D I C I A R Y C O M M I T T E E COMMITTEE MEETING INFORMATION May 07-08, 2018 | 8:30 AM Worland Community Center Complex 1200 Culbertson Ave. Worland, Wyoming COMMITTEE MEMBERS PRESENT Senator Leland Christensen, Co-chairman Representative Dan Kirkbride, Co-chairman Senator Liisa Anselmi-Dalton Representative Bo Biteman Senator Larry Hicks Representative Mark Jennings Senator Dave Kinskey Senator Tara Nethercott Representative Jared Olsen Representative Charles Pelkey (May 7) Representative Bill Pownall Representative Tim Salazar Representative Clark Stith Representative Nathan Winters LEGISLATIVE SERVICE OFFICE STAFF Torey Racines, Legislative Counsel Brian Fuller, Staff Attorney Jennifer Lockwood, Associate Research Analyst MaryBeth Oatsvall, Legislative Editor OTHER LEGISLATORS PRESENT Representative Mike Greear The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected]. The Summary of Proceedings for each legislative committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov. PAGE 2 OF 12 Please refer to Appendix 1-02 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting. JOINT JUDICIARY COMMITTEE Summary of Proceedings WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 3 OF 12 EXECUTIVE SUMMARY The Committee met for two days in Worland. The Committee heard testimony and requested draft legislation concerning: terms of court; juries; recordation of judgments and orders; the sharing of court data; expungements of juvenile court records; court-security cameras; and amendments to guardianship statutes regarding termination of guardianships. In addition, the Committee received a report from the Council of State Governments regarding justice reinvestment application methods and phases, criminal justice trends, and next steps in continuing its work in justice reinvestment. The Committee also received information from the Department of Corrections’ regarding probation and parole processes and the request for a time- management study. CALL TO ORDER (MAY 7, 2018) Co-Chairman Christensen called the meeting to order at 8:37 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 1-01 to review the Committee Meeting Agenda. APPROVAL OF MINUTES The Committee approved minutes from the November 16 & 17, 2017 Committee meeting. JUDICIAL UPDATES Pretrial Release Torey Racines, Legislative Counsel, provided an overview of pretrial release (Appendix 2-03) including a review of statutory provisions and court rules related to pretrial release. Chief Justice E. James Burke, Wyoming Supreme Court, discussed issues judges face with pretrial release, including the balance between the accused’s constitutional rights and public safety and the effects on a defendant remaining in jail pending trial. Chief Justice Burke noted the judiciary’s consideration of evidence-based practices in pretrial-release determinations and Utah’s current study of the topic. Judge Brian Christensen, Natrona County Circuit Court, discussed automatic bonds, bond schedules, and various factors considered for bonds, including residency, ties to the community, and prior offenses. Judge Christensen also explained the 24/7 program as it relates to alcohol offenses, the gaps among communities implementing the program, and the value of using the 24/7 program for daily drug and alcohol testing. Judge Christensen and Chief Justice Burke answered the Committee’s questions regarding pretrial processes, indigency and the Utah Judicial Council Report. Jerry Williams, Wyoming County and Prosecuting Attorneys Association, urged the Committee to consider legislation for expanding the 24/7 program to better provide for smaller counties and discussed the need to fund treatment options. John Knepper, Chief Deputy Attorney General, Wyoming Attorney General's Office, noted that smaller counties were not statutorily restricted from implementing the 24/7 program and discussed the use of state and county funds for the program along with funding challenges. Byron Oedekoven, Wyoming Association of Sheriffs and Chiefs of Police, stated the 24/7 testing is quick and has worked well in other states. He expressed concern whether 24/7 was authorized only in second and subsequent driving-while-intoxicated offenses and encouraged the Committee to consider legislation removing the limitation to give judges more discretion for using this program. Mr. Oedekoven also stated that some defendants do not take bond conditions seriously. JOINT JUDICIARY COMMITTEE Summary of Proceedings WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 4 OF 12 Lily Sharpe, State Court Administrator, noted that it was anticipated that the 24/7 program would fund itself. Ms. Sharpe suggested working with sheriff’s offices throughout the state to attend the Committee’s next meeting to discuss program funding and staffing issues. After discussion, the Committee directed LSO to draft a bill amending the 24/7 program based in part on 2018 Senate File 0086 (Appendix 2-08). Automated Jury and Case Management Systems – Statutory Amendments Brian Fuller, LSO Staff Attorney, provided a brief topic overview of statutory issues related to the Judicial Branch’s pending automated jury system and case management system to the Committee (Appendix 2-01 and Appendix 2-04). Elisa Butler, General Counsel, Wyoming Supreme Court, discussed the upcoming rollout of an automated jury system and the case management system. Ms. Butler noted that the juror system would be piloted in four counties. Ms. Butler provided the Committee with a bill draft that would remove specified terms of court for each county within a judicial district (Appendix 2-09). Ms. Butler also discussed a bill draft related to juries (Appendix 2-10), which would update statutory language to reflect the new automated system. Ms. Butler also provided the Committee with a bill draft addressing the recordation of judgments and orders (Appendix 2-11), which would amend the journaling duties of the clerks of court. The Committee directed LSO to prepare each bill draft for discussion at the Committee’s next meeting. Ronda Munger, Deputy State Court Administrator, discussed court data reporting requirements to various state agencies and provided the Committee a handout explaining the current statutory requirements (Appendix 2-12). Ms. Munger requested that the Committee consider a bill draft regarding this issue. The Committee directed LSO to prepare a bill draft for consideration at the next meeting. Patricia Bennett, Clerk of the Wyoming Supreme Court, discussed issues regarding the expungement of juvenile court records and provided an overview of a bill draft addressing those issues (Appendix 2-13). The Committee discussed issues with expunging or destroying juvenile records, as well as the possible need for defining “expungement” in the applicable statutes. Judge Christensen stated that he would address the issue further at the next meeting after surveying fellow circuit judges. Mr. Williams expressed concerns with destroying law enforcement records or Department of Family Services records and the potential benefit those records have in future investigations. Diane Sanchez, Clerk of District Court in Laramie County, noted that all juvenile records are sealed to the public and discussed the benefit of retaining records for future use. Mr. Knepper discussed issues with destroying records that are in the custody of the Department of Criminal Investigation, retaining records to comply with federal reporting requirements, and the disposition of biometric identifiers contained within records. General Public Comment Ms. Sanchez commented on the proposed "Juries" bill draft and encouraged the Committee to permit a juror to be excused if he has reached his 72nd birthday. The Committee directed LSO to incorporate that change into the bill draft for juries. JOINT JUDICIARY COMMITTEE Summary of Proceedings WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 5 OF 12 Confidentiality and Electronic Public Access to Court Dockets Mr. Racines provided the Committee with an overview of the topic (Appendix 2-01). Chief Justice Burke and Ms. Butler discussed current rules and responsibilities for courts and attorneys to follow in redacting