Legislature(1993 - 1994)

02/08/1993 01:00 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HJR 21:  IN MEMORIAM THURGOOD MARSHALL                                       
                                                                               
  CHAIRMAN PORTER proceeded to the next order of business, HJR
  21, honoring United States Supreme Court Justice Thurgood                    
  Marshall.  He asked Rep. John Davies to address the                          
  committee.                                                                   
                                                                               
  Number 685                                                                   
                                                                               
  REP. JOHN DAVIES, PRIME SPONSOR OF HJR 21, noted that                        
  approximately half of the members of the House had co-                       
  sponsored HJR 21.  He stated that he felt it was appropriate                 
  to note the death of someone as significant as Justice                       
  Marshall.  He expressed an opinion that Justice Marshall's                   
  life embodied democracy and liberty.  He noted Justice                       
  Marshall's concern for the rights of the poor and                            
  minorities.                                                                  
                                                                               
  Number 709                                                                   
                                                                               
  REP. PHILLIPS said that resolutions often included a                         
  statement of where they would be sent.  She asked if Rep.                    
  Davies would like to have the resolution sent to Justice                     
  Marshall's family or to the U. S. Supreme Court.                             
                                                                               
  Number 714                                                                   
                                                                               
  REP. DAVIES indicated that sending the resolution to Justice                 
  Marshall's family and to the Supreme Court might be                          
  appropriate.                                                                 
                                                                               
  Number 718                                                                   
                                                                               
  REP. PHILLIPS called Rep. Davies' attention to page 2, line                  
  10, of the resolution where Justice Marshall is referred to                  
  as an "Associate Justice."  She asked Rep. Davies why that                   
  term had been used, in light of the term "Supreme Court                      
  Justice" ascribed to Sandra Day O'Connor.                                    
                                                                               
  Number 722                                                                   
                                                                               
  REP. DAVIES said that he did not know why that term had been                 
  used.                                                                        
                                                                               
  Number 729                                                                   
                                                                               
  CHAIRMAN PORTER noted that an associate justice was any                      
  supreme court justice except for the chief justice.  He                      
  added that both "Supreme Court Justice" and "Associate                       
  Justice" were correct terms, but one or the other ought to                   
  be used in the resolution.                                                   
                                                                               
  Number 738                                                                   
                                                                               
  REP. PHILLIPS recommended that a committee substitute for                    
  HJR 21 be drafted, changing the term "Associate Justice" to                  
  "Supreme Court Justice" and directing the resolution to                      
  Justice Marshall's family and to the court.                                  
                                                                               
  Number 742                                                                   
                                                                               
  REP. KOTT asked why this was a joint resolution and not a                    
  concurrent resolution.                                                       
                                                                               
  Number 747                                                                   
                                                                               
  REP. NORDLUND said that any time a resolution was sent                       
  outside of the Alaska state government, a joint resolution                   
  was the appropriate vehicle to use.                                          
                                                                               
  REP. DAVIES noted that he had researched the question at the                 
  time he drafted the resolution, but could not remember at                    
  this time why he had used a joint resolution instead of a                    
  concurrent resolution.                                                       
                                                                               
  Number 759                                                                   
                                                                               
  CHAIRMAN PORTER said that the paperwork requirements for a                   
  joint resolution were still far less than those required for                 
  a bill.  He noted his belief that HJR 21 was a very                          
  appropriate resolution.  He cited Justice Marshall's role in                 
  the Brown vs. Board of Education case and expressed his                      
  opinion that there would never be another supreme court                      
  justice as dedicated to civil rights as Justice Marshall had                 
  been.                                                                        
                                                                               
  Number 777                                                                   
                                                                               
  REP. KOTT moved to pass HJR 21, as amended, out of                           
  committee.                                                                   
                                                                               
  Number 784                                                                   
                                                                               
  CHAIRMAN PORTER, seeing no objections, approved the motion.                  
                                                                               
  CHAIRMAN PORTER outlined the schedule of Judiciary Committee                 
  meetings for the next week.  He mentioned that he had sent                   
  the names of Rep. Davidson, Rep. Kott, and Rep. James to the                 
  Senate Judiciary Committee as delegates to the joint                         
  subcommittee on Sentencing Commission recommendations.                       
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 1:50 p.m.                           

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