Legislature(2013 - 2014)CAPITOL 120

04/14/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
--Delayed to 1:30 p.m. Today--
+= HB 315 JURY NULLIFICATION TELECONFERENCED
Heard & Held
+ SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION TELECONFERENCED
Heard & Held
+ HB 370 AWCB CONTROLLED SUBSTANCE PRESCRIPTIONS TELECONFERENCED
Moved CSHB 370(L&C) Out of Committee
+= SB 173 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+ SB 128 ELECTRONIC BULLYING TELECONFERENCED
Moved HCS CSSB 128(JUD) Out of Committee
+ SCR 2 ACQUIRE TONGASS NATIONAL FOREST LAND TELECONFERENCED
Scheduled But Not Heard
+ HB 254 POWERS OF ATTORNEY TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   HB 315-JURY NULLIFICATION                                                                                
                                                                                                                                
2:06:02 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE  BILL NO.  315,  "An  Act relating  to  juries in  criminal                                                               
cases; and providing for an effective date."                                                                                    
                                                                                                                                
2:06:26 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER opened public testimony.                                                                                           
                                                                                                                                
2:07:04 PM                                                                                                                    
                                                                                                                                
PAMELA  GOODE, Delta  Junction,  informed the  committee she  was                                                               
representing  herself  as a  private  citizen.   She  stated  her                                                               
support  for  HB   315  with  the  inclusion   of  the  following                                                               
amendments [to HB  315, Version 28-LS1467\U, on page  1, line 14,                                                               
section 1, (c)]:                                                                                                                
                                                                                                                                
     delete "Notwithstanding  any other law;" add  "No facts                                                                    
     tried by the jury shall  be otherwise reexamined in any                                                                    
     court of the  United States, according to  the rules of                                                                    
     the common law."                                                                                                           
                                                                                                                                
MS. GOODE said with the  aforementioned changes she supported the                                                               
bill.   The  bill is  necessary  for the  restoration of  justice                                                               
because  currently  there  is bureaucratic  code  that  oversteps                                                               
statute,  statutes  that  overstep  the  U.S.  Constitution,  and                                                               
judges who  have forgotten  their proper  lawful authority.   She                                                               
gave an example  of a person who committed a  misdemeanor and had                                                               
to  pay  a   fine.    Ms.  Goode  opined  that   a  jury  of  the                                                               
misdemeanant's peers  would have determined that  "he did nothing                                                               
wrong."                                                                                                                         
                                                                                                                                
2:10:27 PM                                                                                                                    
                                                                                                                                
RICHARD  SVOBODNY,  Deputy   Attorney  General,  Central  Office,                                                               
Criminal Division,  Department of  Law, provided a  brief history                                                               
of  his  experience with  racial  prejudice  40  years ago.    He                                                               
related current  statistics that  show over 100  American Indians                                                               
have been  executed for murdering  Caucasians, and the  number of                                                               
Caucasians who have been executed  for murdering American Indians                                                               
- in the  entire history of the  U.S. - is zero.   He said, "That                                                               
is jury  nullification."  Mr.  Svobodny turned to  the procedural                                                               
problems associated with the bill  and cautioned that if the bill                                                               
passes,  the effect  would  be  that the  rules  of evidence  are                                                               
eliminated if  the accused is  convicted, and the trial  moves to                                                               
jury nullification.   He  said, "Rules  of evidence  really don't                                                               
apply, [and]  that's a change not  in one court rule,  but in all                                                               
the rules of  evidence."  He pointed out that  although it is not                                                               
specified by the  caption of the bill, this  change would require                                                               
a two-thirds majority  vote.  Also, the bill changes  a number of                                                               
rules of  criminal procedure, but  is not a suspension  of rules.                                                               
The bill  directs that  after deliberation, if  the jury  finds a                                                               
person guilty,  there is a  "switch to  whether that was  just or                                                               
unjust," but  the bill  is silent  on situations  such as  a hung                                                               
jury on the issue  of whether the verdict is just  or unjust.  He                                                               
characterized  the  proposed  legislation as  ambiguous  in  that                                                               
regard.                                                                                                                         
                                                                                                                                
2:15:36 PM                                                                                                                    
                                                                                                                                
MR.  SVOBODNY further  cautioned  about unforeseen  consequences;                                                               
for example, the vast majority  of weapons offenses in Alaska are                                                               
prosecuted by the  state, not the federal  government, thus these                                                               
cases  would most  likely be  moved from  state court  to federal                                                               
court, which is counterproductive to  the state's efforts to stem                                                               
federal  overreach.    He  informed the  committee  that  DOL  is                                                               
opposed to the bill.                                                                                                            
                                                                                                                                
CHAIR KELLER asked whether courts  ever levy penalties, fines, or                                                               
sanctions against a juror for wrongdoing.                                                                                       
                                                                                                                                
MR. SVOBODNY  said yes and no.   Jurors can receive  sanctions if                                                               
they don't  show up for jury  duty, and the court  could sanction                                                               
jury members  if it had issued  an order to not  read a newspaper                                                               
and a  juror disregarded the order.   However, he was  unaware of                                                               
an instance  where a court  has imposed sanctions on  the jurors,                                                               
although misconduct by  jurors has led to the retrial  of a case.                                                               
Chair  Keller clarified  that he  was asking  about sanctions  in                                                               
response to  a juror's decision,  and Mr. Svobodny said  "No, ...                                                               
the jury's deliberative process is privileged from disclosure."                                                                 
                                                                                                                                
REPRESENTATIVE LYNN asked whether the  principles of the bill are                                                               
connected  with  a recent  confrontation  in  Nevada involving  a                                                               
cattle rancher  whose cattle  were seized by  the Bureau  of Land                                                               
Management  (BLM), U.S.  Department  of the  Interior, after  the                                                               
rancher lost two cases in court.                                                                                                
                                                                                                                                
MR.  SVOBODNY  said  misconduct  on   the  part  of  the  federal                                                               
government is  more transparent  than the  activities of  a jury,                                                               
where deliberations are  generally confidential.  It  may be that                                                               
the rancher has  a moral or just  cause - or not -  but that does                                                               
not nullify  the law, which  was made  by the legislature.   [The                                                               
bill]  is really  saying,  "The  people can  ignore  the law  you                                                               
make."                                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG   stated  he   would  provide   to  the                                                               
committee an article about someone  convicted of murder and after                                                               
25  years  in  jail,  it  was recently  determined  that  he  was                                                               
innocent.                                                                                                                       
                                                                                                                                
2:21:42 PM                                                                                                                    
                                                                                                                                
SARALYN  TABACHNICK, Executive  Director, Aiding  Women in  Abuse                                                               
and  Rape  Emergencies,  Inc.  (AWARE),  said  that  one  of  her                                                               
concerns  about HB  315 is  that a  defendant could  subpoena the                                                               
testimony  of  a  victim's counselor,  thereby  disregarding  the                                                               
statutory victim  counselor privilege  established in  the Alaska                                                               
Statutes in 1992.  She  pointed out that the legislature recently                                                               
strengthened  the  confidentiality  statute to  include  military                                                               
counselors.   Ms.  Tabachnick cautioned  that  the proposed  bill                                                               
could  have   a  tremendous  impact  on   whether  victims  speak                                                               
confidentially to  advocates.  Another  concern is that  the Rape                                                               
Shield Statute [AS 12.45.045] would  essentially be repealed, and                                                               
this is a statute that was recently expanded by the legislature.                                                                
                                                                                                                                
2:23:14 PM                                                                                                                    
                                                                                                                                
FRANK TURNEY  informed the committee he  is a jury activist.   He                                                               
said  he  was  in  support  of HB  315  "with  amendments  added"                                                               
[amendments not  provided].  Mr.  Turney agreed with  others that                                                               
the  bill  as  written  leaves  too much  "wiggle  room"  and  he                                                               
expressed his support  for amendments that have  been provided to                                                               
Representative  Tammie Wilson.   He  informed the  committee that                                                               
the freedoms of  religion, speech, and assembly  under common law                                                               
were established by  the "William Penn file  of jury acquittals."                                                               
Mr. Turney provided  a short history of another  instance of jury                                                               
nullification in  1735 that -  he opined  - led to  the cherished                                                               
tradition of freedom  of the press in America.   He urged for the                                                               
committee  to  not rush  to  judgment  in  order to  satisfy  the                                                               
Department of Law, and read  from a statement accredited to Judge                                                               
Weeks as follows:                                                                                                               
                                                                                                                                
     You know, jurors don't have the right, but they've got                                                                     
     the power.                                                                                                                 
                                                                                                                                
MR.  TURNEY said  having  power gives  a  right, especially  when                                                               
there is no  victim.  He further urged the  committee to research                                                               
this matter.   He  spoke of his  personal experience  with juries                                                               
over 25 years  and stressed that 26 states under  the preamble of                                                               
free speech  recognize jury nullification  rights.   He concluded                                                               
that when  the U.S.  Constitution was  written "they  dropped the                                                               
ball on jury rights."                                                                                                           
                                                                                                                                
2:27:27 PM                                                                                                                    
                                                                                                                                
MARIA RENSEL  said she was speaking  for herself in favor  of the                                                               
bill  and  "the  amendments  that  were  mentioned  by  [previous                                                               
speaker] Pam  Goode."  She stated  that HB 315 is  the first step                                                               
to  restoring jury  rights in  Alaska, and  expressed her  belief                                                               
that  jury  nullification does  not  equal  racism.   Ms.  Rensel                                                               
supported  adding to  the bill  a statement  "that the  judges in                                                               
every state shall  be bound by the Constitution"  and referred to                                                               
her written comments  that have been forwarded  to the committee.                                                               
She  spoke  of her  personal  experience  serving  on a  jury  in                                                               
Fairbanks.  Ms. Rensel said  jury nullification rights began with                                                               
the   Magna  Carta   and  are   also  guaranteed   by  the   U.S.                                                               
Constitution.  Her  experience on a jury led her  to believe that                                                               
"we have been  indoctrinated or educated out of our  vote, out of                                                               
our rights."   She provided a  brief history of the  jury's right                                                               
to judge  laws as well as  the facts, and questioned  whether the                                                               
government is a  government of the people or a  government of the                                                               
lawyers.  Ms. Rensel remarked:                                                                                                  
                                                                                                                                
     Both  the  trial  jury  and  the  grand  jury  are  the                                                                    
     people's  everyday way  of  reining  in governments  at                                                                    
     every level.  ... The only  way that we can  ... really                                                                    
     clean  up  encroachments  by   our  local,  state,  and                                                                    
     federal  governments  is  to  be  able  to  investigate                                                                    
     things and  act on juries.  ... The elections  can only                                                                    
     ensure our  democracy but it's really  the jury's right                                                                    
     to nullify and judge the law  as well as the facts that                                                                    
     will ensure our republic.                                                                                                  
                                                                                                                                
2:31:37 PM                                                                                                                    
                                                                                                                                
JOHN  BRADING read  several  short quotes  from  a book  entitled                                                               
"Citizen's Rule  Book," published  by Whitten Printers,  and from                                                               
an essay by Lysander Spooner dated  1850.  He also referenced two                                                               
legal cases:   State of  Georgia v. Brailsford (1794)  and United                                                           
States v. Dougherty, 1972.                                                                                                    
                                                                                                                                
MR.  BRADING asked  the committee  to  restore honor  to "we  the                                                               
people."                                                                                                                        
                                                                                                                                
2:34:28 PM                                                                                                                    
                                                                                                                                
ALYSSA WILLIAMS said  she was representing herself  and read from                                                               
a document  [not provided].   She said, "Currently in  Alaska, if                                                               
you  are called  to  jury  duty you  are  expected  to forget  or                                                               
forfeit this responsibility; you are  thrown out for knowing that                                                               
you  were responsible  for judging  not only  the facts,  but the                                                               
law."    Ms. Williams  stated  that  judges and  prosecutors  are                                                               
responsible to  protect life, liberty, and  property, and "should                                                               
not  be  allowed to  sway  convictions  for their  own  benefit."                                                               
Constitutionality, not tyranny, should be  applied in the courts.                                                               
Furthermore,  the  jury  is  to defend  and  justly  convict  the                                                               
individual  and not  protect  the  government or  the  law.   Ms.                                                               
Williams  concluded that  HB  315  is needed  and  asked for  the                                                               
committee's support of the bill.                                                                                                
                                                                                                                                
2:36:30 PM                                                                                                                    
                                                                                                                                
MARK W.  ECK stressed to  the committee that jurors  are citizens                                                               
as are defendants and members  of the committee "when they're not                                                               
in office."  He said the  bill would secure the rights of jurors.                                                               
When jurors  are called to  serve, potential jurors are  asked if                                                               
they believe  in the  rights of  jurors.  If  the answer  is yes,                                                               
they are  dismissed from the jury,  which is "a violation  of not                                                               
only our  rights as jurors, but  as people."  He  quoted from the                                                               
Fully Informed Jury Association as follows:                                                                                     
                                                                                                                                
     The primary  function of the independent  juror is not,                                                                    
     as  many  think,  to   dispense  punishment  to  fellow                                                                    
     citizens accused  of breaking various laws,  but rather                                                                    
     to protect  fellow citizens  from tyrannical  abuses of                                                                    
     power by government.                                                                                                       
                                                                                                                                
MR. ECK continued  to explain that the jury is  the final defense                                                               
from  unjust  laws that  take  away  the  natural rights  of  the                                                               
people.  He said jury duty is  an honor, not a chore, because one                                                               
puts  himself/herself  in  the  position  of  the  defendant  and                                                               
decides  whether  the  defendant  wronged another.    However,  a                                                               
defendant is given another tool  of defense against an unjust law                                                               
or application of such, and under  HB 315, the defendant would be                                                               
able to explain the rights of  jury duty to the jury, in addition                                                               
to instruction  from a government  official, and  the opportunity                                                               
is given  to the  prosecution to rebut  the information  given to                                                               
the  jury.   The citizens  of Alaska  need this  bill to  further                                                               
secure their liberty in today's uncertain times.  He remarked:                                                                  
                                                                                                                                
     By moving  this bill  forth, with the  people's desired                                                                    
     amendments,  you will  be setting  an  example for  the                                                                    
     rest  of the  country and  will go  down in  history as                                                                    
     protectors of liberty  and the rights of  we the people                                                                    
     of the  United States  of America  and the  citizens of                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
2:39:19 PM                                                                                                                    
                                                                                                                                
ALEX  MOORE  said  he  strongly  supports  the  rights  for  jury                                                               
nullification because  all Americans have  constitutional rights.                                                               
He  provided  an  example  of  a  man  who  committed  a  traffic                                                               
violation to do  what he thought was right.   Mr. Moore said, "If                                                               
you are trying  to remove these rights to have  a conscience, and                                                               
decide what is wrong and right,  then you're not really acting as                                                               
a citizen."  He strongly urged for the passage of the bill.                                                                     
                                                                                                                                
[HB 315 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB 315 Opposition Letter~ANDVSA.pdf HJUD 4/14/2014 1:00:00 PM
HB 315
HB 315 Support Letter~Lance Roberts.pdf HJUD 4/14/2014 1:00:00 PM
HB 315
HB 315 Support Letter~Mike Prax.pdf HJUD 4/14/2014 1:00:00 PM
HB 315
HB370 Sectional Analysis.pdf HJUD 4/14/2014 1:00:00 PM
HB 370
HB370 Supporting Documents-Health Partners Opiate Drug Screens.pdf HJUD 4/14/2014 1:00:00 PM
HB 370
HB 370 Support Document~National Council on Compensation Insurance.pdf HJUD 4/14/2014 1:00:00 PM
HB 370
SCR 2 Questions and Answers Posed by (S) Judiciary.PDF HJUD 4/14/2014 1:00:00 PM
SCR 2
SCR 2 Support Document~Report by Alaska Timber Jobs Task Force.PDF HJUD 4/14/2014 1:00:00 PM
SCR 2
SCR 2 Support-Opposition.pdf HJUD 4/14/2014 1:00:00 PM
SCR 2
SCR 2 Opposition Letter~Eric Lee.pdf HJUD 4/14/2014 1:00:00 PM
SCR 2
HCSCSSB 128 (JUD) ver. H Draft.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Leg. Legal Memo~Harassment of vulnerable adults.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Leg. Legal Memo~Legal Issues.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Support Document~Cyberbullying Fact Sheet.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Support Document~Misc. News Articles.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
SB 128 Support Letter~AK Nurses Association.pdf HJUD 4/14/2014 1:00:00 PM
SB 128
CSSB 173 Fiscal Note~PDA Updated.pdf HJUD 4/14/2014 1:00:00 PM
SB 173