Legislature(2013 - 2014)CAPITOL 120

03/14/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 127 OMBUDSMAN TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HJR 18 CONST. AM: ELECTED ATTORNEY GENERAL TELECONFERENCED
Heard & Held
+= HB 205 TRAFFIC OFFENSES: FINES/SCHOOL ZONES TELECONFERENCED
Scheduled But Not Heard
+= HJR 33 CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL TELECONFERENCED
Moved CSHJR 33(JUD) Out of Committee
                                                                                                                                
        HJR 33-CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL                                                                    
                                                                                                                                
1:57:18 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the last order of  business would be                                                               
HJR 33,  "Proposing amendments to  the Constitution of  the State                                                               
of  Alaska to  increase the  number  of members  on the  judicial                                                               
council  and  relating  to  the  initial  terms  of  new  members                                                               
appointed to  the judicial  council."   [Before the  committee is                                                               
CSHJR 33, Version 28-LS1509\U, Wallace, 3/3/14.]                                                                                
                                                                                                                                
1:58:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER opened public testimony.                                                                                           
                                                                                                                                
1:58:18 PM                                                                                                                    
                                                                                                                                
JOHN TODD  stated he fully  concurs with  the language of  HJR 33                                                               
but it does not go far  enough to address other serious issues in                                                               
the legal  system.  He  related his  own experience with  a court                                                               
violating  its  own laws  as  set  out  in  the Alaska  Rules  of                                                               
[Professional] Conduct, specifically Rule  11.  He stated support                                                               
for HJR 33.   He then highlighted a statement  from Mike Huckabee                                                               
in  which he  referred to  the  judicial system  as immoral,  and                                                               
noted  that U.S.  Senator Lisa  Murkowski  had rather  derogatory                                                               
comments  about the  legal system  at  the national  level.   The                                                               
current process is one of  selecting lawyers to be considered for                                                               
judgeships with input  from fellow lawyers who  will defend their                                                               
own regardless of the facts, he  opined.  This legislation goes a                                                               
long way toward correcting a flawed process.                                                                                    
                                                                                                                                
2:03:58 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
2:04:40 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:04:59 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER pointed out that  the next committee of referral for                                                               
HJR 33  is the House Finance  Committee and there is  a companion                                                               
[resolution] to HJR 33 in the  Senate that is headed to the House                                                               
Finance Committee.   He then noted his preference  for moving HJR
33 out of the House Judiciary Standing Committee today.                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested  that the  House  or  Senate                                                               
version of HJR  33 [be assigned] to the  House Judiciary Standing                                                               
Committee  rather   than  "punting"  it  to   another  committee,                                                               
otherwise this committee  will not have an  opportunity to review                                                               
the Senate's revisions.                                                                                                         
                                                                                                                                
CHAIR  KELLER assured  the committee  that  the Senate  Judiciary                                                               
Standing Committee  is giving the  resolution a  thorough vetting                                                               
as is the  House Judiciary Standing Committee.   The two versions                                                               
will  come   together  in  the  [House]   Finance  Committee,  he                                                               
explained.                                                                                                                      
                                                                                                                                
2:07:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  report  CSHJR  33,  Version  28-                                                               
LS1509\U,  Wallace,  3/3/14,  out of  committee  with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
2:07:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG objected,  noting that  his questioning                                                               
and  statements on  the record  speak  for themselves.   He  then                                                               
opined that members of this  committee should have an opportunity                                                               
to  weigh in  on potential  Senate  Judiciary Standing  Committee                                                               
changes.    This  is an  Alaska  State  Constitutional  amendment                                                               
dealing   with   the   judiciary   and  not   an   Alaska   State                                                               
Constitutional amendment  dealing with  the financial  process in                                                               
this  institution.   He related  his impression  that people  are                                                               
anxious  to pass  the  bill,  yet it  is  too  important to  rush                                                               
through.  He  opined that the House  Judiciary Standing Committee                                                               
has a responsibility and if  the committee does not exercise that                                                               
responsibility on  an issue  like this,  then members  can hardly                                                               
complain  at what  happens  in  the rest  of  the  process.   The                                                               
committee cannot endorse  HJR 33 if the committee  has not vetted                                                               
it themselves  and this  is something to  be taken  seriously, he                                                               
opined.                                                                                                                         
                                                                                                                                
2:09:22 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER offered  that the committee agrees that HJR  33 is a                                                               
very important  and serious matter  as it  proposes a vote  to go                                                               
before the  people, particularly  on this  topic.   Therefore, he                                                               
surmised that Representative  Gruenberg did not mean  to say that                                                               
the  House Judiciary  Standing Committee  hasn't given  HJR 33  a                                                               
thorough vetting.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  his agreement  that  the  House                                                               
Judiciary Standing  Committee has  had opportunities [to  vet HJR
33], but pointed out he does  not know where the companion to HJR
33 is  in the  Senate and  whether it is  identical to  Version U                                                               
that is  before this  committee.  If  the Senate's  resolution is                                                               
identical  he said  he  would feel  more  comfortable.   However,                                                               
there are  unknowns in terms of  what the companion bill  will be                                                               
if it passes the Senate.   He reiterated that the judicial system                                                               
works well,  the system of  selecting judges works well,  and the                                                               
Alaska State Constitution is relatively new.                                                                                    
                                                                                                                                
2:11:15 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER interrupted Representative  Gruenberg and asked that                                                               
he speak  to his  objection as  his comments  are clearly  on the                                                               
record by  prior testimony and discussion.   He said he  does not                                                               
want the committee to get into a debate.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  responded that he thought  this was the                                                               
time to debate HJR 33.                                                                                                          
                                                                                                                                
CHAIR KELLER related  that HJR 33 has been  debated and currently                                                               
there is  a motion to  move HJR  33.  He  reminded Representative                                                               
Gruenberg of his objection and that  he should be speaking to his                                                               
objection to moving HJR 33 out of committee.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, noting  that  he is  not arguing  with                                                               
Chair Keller, related his understanding  that this is the time to                                                               
debate the  main issue on  the content of  HJR 33 and  whether it                                                               
should move out of committee.                                                                                                   
                                                                                                                                
2:12:19 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:13:12 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  explained  that when  legislation  is  before  the                                                               
committee  for  debate  the  legislation   is  first  before  the                                                               
committee for  presentation during  which questions can  be asked                                                               
and members can  interact with the sponsor and  hear from various                                                               
witnesses who call in to  testify.  After questions are answered,                                                               
the  legislation   is  then  moved   before  the   committee  for                                                               
discussion.   He  explained that  in  this case,  when he  closed                                                               
public testimony and said the  resolution is before the committee                                                               
for discussion, instead of discussion  there was a motion to move                                                               
the  resolution   out  of   committee  to   which  Representative                                                               
Gruenberg  objected.     Therefore,   the  question   before  the                                                               
committee is whether or not HJR 33 should move from committee.                                                                  
                                                                                                                                
2:14:32 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:15:34 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  then requested that Representative  Gruenberg speak                                                               
to a procedural  motion to move the resolution  out of committee,                                                               
but   not  to   go  beyond   that.     In  further   response  to                                                               
Representative  Gruenberg, Chair  Keller  clarified  that a  non-                                                               
debatable procedural motion  is before the committee  and he will                                                               
call the roll.  He then requested the roll call vote be taken.                                                                  
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  LeDoux,  Lynn,                                                               
Pruitt, and Keller voted in  favor of reporting CSHJR 33, Version                                                               
28-LS1509\U,  Wallace, 3/3/14,  from  committee.   Representative                                                               
Gruenberg  voted  against  it.    Therefore,  CSHJR  33(JUD)  was                                                               
reported from  the House Judiciary  Standing Committee by  a vote                                                               
of 4-1.                                                                                                                         
                                                                                                                                
2:17:45 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:17 p.m. to 2:29 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HJR 18 Proposed Amendment A.5.pdf HJUD 3/14/2014 1:00:00 PM
HJR 18
HJR 18 Proposed Amendment A.3.pdf HJUD 3/14/2014 1:00:00 PM
HJR 18
CSHB 127 (STA) Proposed Amendment E.3.pdf HJUD 3/14/2014 1:00:00 PM
HB 127