Legislature(2013 - 2014)SENATE FINANCE 532

03/03/2014 05:00 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SJR 21 CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL TELECONFERENCED
Heard & Held
+ SB 127 VEHICLE TRANSACTION AGENTS TELECONFERENCED
Moved SB 127 Out of Committee
+ SB 169 STATEWIDE IMMUNIZATION PROGRAM TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE JOINT RESOLUTION NO. 21                                                                                                
                                                                                                                                
     Proposing amendments  to the Constitution of  the State                                                                    
     of  Alaska to  increase the  number of  members on  the                                                                    
     Alaska  Judicial Council  and relating  to the  initial                                                                    
     terms of  new members appointed to  the Alaska Judicial                                                                    
     Council.                                                                                                                   
                                                                                                                                
5:06:39 PM                                                                                                                    
                                                                                                                                
HEATHER SHADDUCK, STAFF, SENATOR  PETE KELLY, introduced the                                                                    
bill. She explained that the  bill placed the constitutional                                                                    
amendment  to the  state voters  if passed.  She stated  the                                                                    
goal of  adding more public  members to the  Alaska Judicial                                                                    
Council.  She  pointed  out  that  the  Alaska  Constitution                                                                    
stated  that three  attorney members  would be  appointed by                                                                    
the  bar association  to the  Alaska Judicial  Council along                                                                    
with three non-attorney members.  The members were appointed                                                                    
by  the  governor  and confirmed  by  the  legislature.  She                                                                    
mentioned  article 4,  section 8  which stated  that members                                                                    
"shall  be  appointed  for  6 year  terms  by  the  governor                                                                    
subject to  confirmation and vacancies  shall be  filled for                                                                    
the unexpired term  in a like manner  and appointments shall                                                                    
be made  with due  consideration to area  representation and                                                                    
without regard to a political affiliation."                                                                                     
                                                                                                                                
Ms.  Shadduck  informed  the committee  that  Senator  Kelly                                                                    
wished to  see more  public members  on the  Alaska Judicial                                                                    
Council because the goal of  area representation had not yet                                                                    
been reached.  The historical makeup of  the Alaska Judicial                                                                    
Council  included attorneys  from  four  locations: 14  from                                                                    
Fairbanks,  12 from  Anchorage, 10  from Juneau  and 3  from                                                                    
Ketchikan. The public members originated  from the same four                                                                    
cities.  Senator Kelly  hoped  to  reach regional  diversity                                                                    
across the  state. Additionally, current practice  allowed a                                                                    
tie to  be broken by  the Alaska Supreme Court  justice. She                                                                    
noted that Senator  Kelly viewed the practice  as a conflict                                                                    
of interest.  She pointed out  the last two years  from June                                                                    
22,  2012  through October  10,  2013,  when the  last  five                                                                    
attorney/non-attorney  vote   splits  occurred.   All  three                                                                    
public members voted to send a  name on to the governor, but                                                                    
the Chief Justice  sided with the attorney  members to avoid                                                                    
sending the  name.  Two  of the  votes were for  the Supreme                                                                    
Court.                                                                                                                          
                                                                                                                                
5:10:09 PM                                                                                                                    
                                                                                                                                
Ms. Shadduck explained that the  CS allowed three additional                                                                    
public members to serve on  the Alaska Judicial Council as a                                                                    
compromise adopted  by the  Senate Judiciary  Committee. She                                                                    
stated that the odd number  of members would help to prevent                                                                    
soliciting an  opinion from the  Chief Justice in  the event                                                                    
of a tie.                                                                                                                       
                                                                                                                                
Co-Chair Meyer  opined that he  was sensitive to  the notion                                                                    
of  conflict  of interest  as  presented  in Ms.  Shadduck's                                                                    
testimony.  He  disagreed  that  the  Chief  Justice  had  a                                                                    
conflict  of   interest.  He  agreed   with  the   need  for                                                                    
additional public  input in the  process. He  wondered about                                                                    
utilizing 4 public  members and 3 attorney  members to limit                                                                    
the amount  of members and  save the state money  for travel                                                                    
expenses.                                                                                                                       
                                                                                                                                
Ms.  Shadduck replied  that the  constitution demanded  area                                                                    
representation for the appointments.  With only three public                                                                    
members,  proper  representation  of  Alaska's  regions  was                                                                    
impossible.                                                                                                                     
                                                                                                                                
Senator Hoffman opined that more members would be optimal.                                                                      
                                                                                                                                
Co-Chair Meyer asked about more members from Bethel.                                                                            
                                                                                                                                
Senator Hoffman replied that Bethel  had not yet contributed                                                                    
a member to the Alaska Judicial Council.                                                                                        
                                                                                                                                
Ms.  Shadduck   agreed  and  commented  that   the  idea  of                                                                    
representation  by  judicial  district  had  been  explored,                                                                    
since  Fairbanks was  in the  fourth judicial  district with                                                                    
Bethel.                                                                                                                         
                                                                                                                                
5:12:39 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer asked  how often  the Chief  Justice had  to                                                                    
vote.                                                                                                                           
                                                                                                                                
Ms. Shadduck replied that the  Chief Justice voted 68 times;                                                                    
15 times when attorneys and non-attorneys split their vote.                                                                     
                                                                                                                                
Vice-Chair Fairclough  believed that an  increased frequency                                                                    
in  participation of  the  Chief Justice  was  noted in  the                                                                    
recent past; leading  to the interpretation of  a problem of                                                                    
frequency.                                                                                                                      
                                                                                                                                
Ms.  Shadduck  concurred.  She  noted  that  the  last  five                                                                    
attorney and non-attorney  splits resulted in a  vote for an                                                                    
attorney by the Chief Justice.                                                                                                  
                                                                                                                                
5:13:44 PM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked about the fiscal note.                                                                                   
                                                                                                                                
Ms. Shadduck replied that the  updated fiscal note reflected                                                                    
a  cost   of  approximately  $1500  or   $12  thousand.  The                                                                    
estimates  were reduced  from the  original  request of  $32                                                                    
thousand.                                                                                                                       
                                                                                                                                
Co-Chair  Meyer  pointed out  the  updated  fiscal note.  He                                                                    
stated that  the expansion would increase  the travel costs.                                                                    
He   OPENED   public   testimony.   He   stressed   that   a                                                                    
constitutional amendment weighed heavily in importance.                                                                         
                                                                                                                                
5:15:29 PM                                                                                                                    
                                                                                                                                
NANCY MEADE,  GENERAL COUNCIL,  ALASKA COURT  SYSTEM, stated                                                                    
that the  Alaska Court System  rarely defined a  position on                                                                    
proposed legislation.  A bill  would be  opposed only  if it                                                                    
impacted a  core aspect  of the  judicial branch.  The Court                                                                    
System  opposed  SJR 21  for  that  reason. The  court  only                                                                    
opposed  a bill  at  the express  direction  of the  Supreme                                                                    
Court.  She  pointed  out  that   the  judicial  branch  was                                                                    
comprised of  three entities: the  court system,  the Alaska                                                                    
Judicial  Council and  the Commission  on Judicial  Conduct.                                                                    
She stated  that the court  system was  used interchangeably                                                                    
with  the judicial  branch because  the  other two  entities                                                                    
were relatively  small. The court  system was  separate from                                                                    
the  council, yet  depended on  the work  of the  council in                                                                    
screening  applicants  for  judicial  positions  and  making                                                                    
recommendations  in  judicial  retention. The  court  system                                                                    
required  qualified  judges  for   the  maintenance  of  the                                                                    
public's  trust and  confidence. She  testified against  the                                                                    
resolution because the court system  relied on the council's                                                                    
work.                                                                                                                           
                                                                                                                                
5:17:44 PM                                                                                                                    
                                                                                                                                
Ms. Meade  noted that  the resolution  had the  potential to                                                                    
change the judicial  screening process significantly despite                                                                    
its 50  years of  proven effectiveness. The  current council                                                                    
would select  the most qualified  applicants based  on their                                                                    
merit.  Merit selection  of judges  was considered  the gold                                                                    
standard across the  country. The judges were  chosen as the                                                                    
best professionals in their field.                                                                                              
                                                                                                                                
Ms. Meade  addressed points made  by Senator  Kelly's staff.                                                                    
The  council's diversity  issue was  supported by  the court                                                                    
system. If  a proposal demanded or  required additional area                                                                    
representation  or  diversity  among  council  members,  the                                                                    
court system would  not oppose the change.  The court system                                                                    
attempted to  attract diverse applicants  to the  bench with                                                                    
methods such as outreach and education.                                                                                         
                                                                                                                                
Ms. Meade  stated her problem  with the proposed  balance of                                                                    
the  council. The  court system  believed  that the  current                                                                    
makeup of the council  chosen by the constitutional founders                                                                    
with three  attorneys and three  public members  worked well                                                                    
by allowing for the balance  of differing views. The balance                                                                    
assured  that  no  one  group   had  a  greater  voice.  The                                                                    
attorneys likely  had a greater understanding  of the skills                                                                    
required to be  a judge. The lay members  had valuable views                                                                    
related to  communication and  character of  applicants. She                                                                    
stated that  both types of  opinions were valuable  during a                                                                    
screening  process. She  stressed that  the balance  between                                                                    
attorney and  non-attorney members was crucial.  A consensus                                                                    
would be better obtained with a balance.                                                                                        
                                                                                                                                
5:20:50 PM                                                                                                                    
                                                                                                                                
Ms. Meade believed that the  bill could lead to selection on                                                                    
basis  other than  pure merit.  She stated  that the  Alaska                                                                    
Court System opined  that the bench was  strong with lawyers                                                                    
that  were the  best in  their  field. She  argued that  the                                                                    
balance forced the  council to act on a  consensus basis and                                                                    
listen  to the  views  of  the other  group.  The bench  was                                                                    
viewed as strong  with lawyers that were deemed  the best in                                                                    
their field.                                                                                                                    
                                                                                                                                
5:24:03 PM                                                                                                                    
                                                                                                                                
Ms. Meade  offered to answer  questions. She  mentioned over                                                                    
1100 votes with splits 68 times.  Only 15 of the splits were                                                                    
divided evenly among attorney  and non-attorney members. She                                                                    
agreed that  5 out of 200  votes occurred in a  row over the                                                                    
last several  years where the  attorneys and  public members                                                                    
were split and  the Chief Justice voted  with the attorneys.                                                                    
She stated that  the numbers in comparison  were very small.                                                                    
Out of the  four votes, two were for the  same applicant who                                                                    
applied  twice.  She argued  that  the  votes could  not  be                                                                    
considered  a  trend or  sign  of  council dysfunction.  She                                                                    
noted  that  unanimous voting  occurred  80  percent of  the                                                                    
time.                                                                                                                           
                                                                                                                                
Co-Chair  Meyer  understood  the  concern  that  the  public                                                                    
members may not  have to listen to the  attorneys. He stated                                                                    
that the Chief Justice was also an attorney.                                                                                    
                                                                                                                                
Ms. Meade  replied that while  differing views  existed, the                                                                    
vast  majority  of  the times,  votes  were  unanimous.  She                                                                    
believed that  the data proved  that public  member's voices                                                                    
were indeed heard.                                                                                                              
                                                                                                                                
5:25:51 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough  asked if the Supreme  Court requested                                                                    
that the Alaska Court System oppose the bill.                                                                                   
                                                                                                                                
Ms. Meade replied yes.                                                                                                          
                                                                                                                                
Vice-chair Fairclough  asked if  the Supreme  Court decision                                                                    
was divided or unanimous.                                                                                                       
                                                                                                                                
Ms. Meade replied unanimous.                                                                                                    
                                                                                                                                
Senator Hoffman  asked about the  potential for a  system in                                                                    
which neither  party was disenfranchised. He  wondered about                                                                    
the process of the Chief  Justice making the final selection                                                                    
in  the  event  of  a  tie.  He  stated  that  without  that                                                                    
practice,  the lay  members and  attorneys would  have equal                                                                    
opportunity for candidate selection.                                                                                            
                                                                                                                                
Ms.  Meade agreed  with  the Senator.  She  stated that  the                                                                    
balance could be maintained with the Senator's suggestion.                                                                      
                                                                                                                                
5:27:37 PM                                                                                                                    
                                                                                                                                
SUSANNE   DIPIETRO,   EXECUTIVE  DIRECTOR,   ALASKA   ALASKA                                                                    
JUDICIAL  COUNCIL   testified  about  the   council's  merit                                                                    
selection  and  retention  system. The  council  served  two                                                                    
functions.  The  council  members  screened  applicants  for                                                                    
judicial nominations  and sent them  on to the  governor for                                                                    
his appointment.  The council also evaluated  sitting judges                                                                    
and  provided information  to the  voters about  the judge's                                                                    
performance for retention  evaluations. The founders created                                                                    
the  methods  of  selection and  retention  of  judges.  Two                                                                    
methods   of  selection   were  established:   election  and                                                                    
gubernatorial  appointment.  The merit  selection  procedure                                                                    
allowed involvement  from all branches; the  Alaska Judicial                                                                    
Council screened on merit and  sent names on to the governor                                                                    
who  then appointed  the  selected  candidate. The  election                                                                    
occurred  later  when the  judge  stood  for retention.  The                                                                    
concern about  public involvement was addressed  in light of                                                                    
the  fact that  the  voters were  directly  involved in  the                                                                    
retention of the judges.                                                                                                        
                                                                                                                                
Ms.  DiPietro mentioned  public  involvement  as related  to                                                                    
diversity  on  the  Alaska   Judicial  Council.  The  Alaska                                                                    
Judicial  Council was  among 38  states  employing the  same                                                                    
type  of  merit  selection  for judges.  She  mentioned  the                                                                    
practices of  press releases  and comment  solicitation from                                                                    
members of  the public. The  council published the  names of                                                                    
applicants, which was not done  by the majority of selection                                                                    
committees.  When   bar  survey  evaluations   arrived,  the                                                                    
council made them public. Many  of the practices were unique                                                                    
to  the Alaskan  selection agency.  Alaska Judicial  Council                                                                    
members  traveled to  the vacancies  when the  time came  to                                                                    
interview  applicants. She  stated that  multiple interviews                                                                    
occurred in Bethel in tandem  with a public hearing prior to                                                                    
the  vote   or  interview.   The  purpose  was   to  solicit                                                                    
information  directly   from  townspeople  to   gather  data                                                                    
regarding community preferences.                                                                                                
                                                                                                                                
5:31:59 PM                                                                                                                    
                                                                                                                                
Ms.  DiPietro discussed  the deliberation  process with  the                                                                    
council. She noted that the  process was not public, but the                                                                    
vote  was.  The interviews  could  occur  in public  if  the                                                                    
applicants  wished.  She  mentioned the  upcoming  Anchorage                                                                    
Superior  Court vacancy  where three  of the  six applicants                                                                    
wished  to   have  public   interviews.  She   conveyed  the                                                                    
collegial   nature  of   the   interview  and   deliberation                                                                    
processes; each  council member was  called upon to  ask the                                                                    
questions  of  the  candidate and  provide  reviews  of  the                                                                    
merits of each candidate.                                                                                                       
                                                                                                                                
5:34:57 PM                                                                                                                    
                                                                                                                                
Ms.   DiPietro  discussed   the  chart:   "Alaska  Judiciary                                                                    
Council, Judicial Nomination over  time" (copy on file). She                                                                    
emphasized  that the  council  members had  a  high rate  of                                                                    
agreement  with  applicant  selection.  She  noted  that  62                                                                    
percent of votes  were unanimous. Another 19  percent of the                                                                    
time,  only  one  person  had  a  different  vote  from  the                                                                    
majority.  She  explained  that  attorney/non-attorney  vote                                                                    
splits leading  to a vote  from the Chief Justice  were rare                                                                    
with 68 votes  out of 1100, which she deemed  as a very high                                                                    
rate  of  agreement.  She  added   that  the  Chief  Justice                                                                    
traditionally  voted   to  send  additional  names   to  the                                                                    
governor (73 percent of the time).                                                                                              
                                                                                                                                
Ms. DiPietro  pointed out that  the council  often presented                                                                    
more  than the  minimum of  two names  for the  governor (62                                                                    
percent). She  mentioned that the selections  in Bethel were                                                                    
often  for  minimal  applicants; oftentimes  only  two.  She                                                                    
highlighted the  importance of  the data  in the  chart. The                                                                    
trends were made  obvious. Less than 6 percent  of the total                                                                    
votes  were shown  to be  attorney/non-attorney splits  over                                                                    
the last  two years. She  noted that the council  was busier                                                                    
in  the  last two  years  than  at  any  other time  in  its                                                                    
history.                                                                                                                        
                                                                                                                                
5:36:55 PM                                                                                                                    
                                                                                                                                
Ms.  Dipietro  discussed  the attorney  versus  non-attorney                                                                    
members.  She  pointed out  the  merit  selection system  in                                                                    
other states.  She informed the committee  that the majority                                                                    
of  states (18)  had  even  splits of  attorney/non-attorney                                                                    
members.  She  mentioned  five  states  with  more  attorney                                                                    
members,   but  four   of  the   five  had   the  additional                                                                    
requirement that  no more than  half of either group  may be                                                                    
of  the same  political party.  Alaska's system  was without                                                                    
regard to  political affiliation.  The other  states created                                                                    
balance  by   prohibiting  a  majority  of   people  in  one                                                                    
political party.                                                                                                                
                                                                                                                                
Ms.  Dipietro quoted  the founders  from the  Constitutional                                                                    
Convention, "the whole  theory of the Missouri  Plan is that                                                                    
in substance,  a select and  professional group  licensed by                                                                    
the  state can  best determine  the qualifications  of their                                                                    
brothers." She  noted that the  select group was  the Alaska                                                                    
Bar  Association, which  was created  by the  legislature by                                                                    
statute.  Another quote,  "the intent  of the  Missouri Plan                                                                    
was  in substance  to give  a  predominance of  the vote  to                                                                    
professional men who  knew the foibles, the  defects and the                                                                    
qualifications of their brothers,  it is unquestionably true                                                                    
that in every  trade and every profession, the  men who know                                                                    
their brother  careers the best  are the men engaged  in the                                                                    
same type of occupation." Lastly  she quoted, "the theory on                                                                    
the  lay members  on the  confirmation,  they represent  the                                                                    
public   and  they   represent  the   predominant  political                                                                    
thought, the  theory on the  lawyer members of  the council,                                                                    
they represent  the profession, they  represent a  desire to                                                                    
have the best judges on the benches."                                                                                           
                                                                                                                                
Co-Chair Meyer appreciated the data in the charts.                                                                              
                                                                                                                                
5:39:30 PM                                                                                                                    
                                                                                                                                
MR. WALTER  CARPENETI, SELF, JUNEAU,  gave a  brief personal                                                                    
history. He testified  as a former judge that  there was not                                                                    
a demonstrated need for a  change in the constitution, which                                                                    
had served  the state  well for 55  years. He  believed that                                                                    
the  system balanced  the  competing  interests in  judicial                                                                    
selection and he saw a  number of problems with the proposed                                                                    
legislation. He  mentioned a letter  to the  Senate Judicial                                                                    
Committee (copy  on file) related  to the problems  with the                                                                    
proposal.                                                                                                                       
                                                                                                                                
Mr.  Carpeneti discussed  the state's  constitution and  its                                                                    
wide administration.  He served  as Chief Justice  for three                                                                    
years  and   attended  multiple  national   conferences.  He                                                                    
reported  that Alaska's  method  of  judicial selection  was                                                                    
widely   lauded   by   judges  around   the   country.   The                                                                    
constitution was amended infrequently  and only done so with                                                                    
great  need.   He  did   not  see  a   need  to   amend  the                                                                    
constitution.  He  appreciated  the  presentation  from  Ms.                                                                    
Shadduck  stating two  reasons to  change the  constitution.                                                                    
The first was to  increase geographic representation and the                                                                    
second  was the  perceived  conflict position  of the  Chief                                                                    
Justice when called upon to vote.                                                                                               
                                                                                                                                
Mr.   Carpeneti   acknowledged   that  the   governor   made                                                                    
appointments with due  regard for geographic representation.                                                                    
He  suggested that  a problem  may  exist in  the method  in                                                                    
which the appointments were executed  versus an issue in the                                                                    
constitution  itself.  He  did  not  see  how  the  proposed                                                                    
legislation  would alter  the  existing  process. He  argued                                                                    
that  the  legislation  failed   to  address  the  issue  of                                                                    
geographic representation.                                                                                                      
                                                                                                                                
Mr.  Carpeneti   discussed  the  argument  that   the  Chief                                                                    
Justice's vote constituted a conflict  of interest. He broke                                                                    
ties rarely during  his time as Chief Justice,  but he never                                                                    
felt a  conflict position. He  mentioned one  occasion where                                                                    
he  cast a  vote where  the applicant  was a  Superior Court                                                                    
judge. He  could not  see an opportunity  for a  conflict of                                                                    
interest.  He stressed  that the  conflict was  not attorney                                                                    
versus non-attorney. He noted over  1100 votes over the last                                                                    
30  years where  1  percent of  the time  a  split vote  was                                                                    
broken  by the  Chief  Justice. He  urged  the committee  to                                                                    
refrain from amending the constitution  for a recent history                                                                    
comprised of very few votes.                                                                                                    
                                                                                                                                
5:46:34 PM                                                                                                                    
                                                                                                                                
Mr. Carpeneti discussed the need  to send the best candidate                                                                    
to the  governor. He cautioned the  committee about amending                                                                    
the  constitution that  produced  a judiciary  that was  the                                                                    
envy  of other  states.  The Alaska  judiciary  was not  the                                                                    
subject   of  scandal,   corruption,  kick-backs   or  other                                                                    
problems seen in more  politically selected judiciaries. The                                                                    
focus  of the  bill  was  narrow, and  he  worried that  the                                                                    
proposed changes would not benefit the state.                                                                                   
                                                                                                                                
Mr. Carpeneti stated  that he served as a  council member in                                                                    
the early 1980s.  He concluded then, that Alaska  had a two-                                                                    
step process with  a merit/political plan. He  used the term                                                                    
political   as  it   related  to   policy  and   its  proper                                                                    
formulation. He  stated that the merit  portion included the                                                                    
Alaska  Judicial  Council who  polled  every  lawyer in  the                                                                    
state  including  judges  that the  applicants  appeared  in                                                                    
front of  and lawyers on  the other side of  specific cases.                                                                    
The council  requested a writing sample,  credit reports and                                                                    
criminal  records.  Candidates  were  rated  on  competence,                                                                    
intellect,  temperament, integrity  and  fairness. At  least                                                                    
two names must be submitted by the council.                                                                                     
                                                                                                                                
Mr. Carpeneti  noted that  the governor  was elected  by the                                                                    
people  and  would  account   for  the  candidate's  general                                                                    
philosophy and their approach to  problems. He worried about                                                                    
an  unbalanced proposal  as it  ran the  risk of  losing the                                                                    
merit aspect  of the process.  He opined that Article  IV of                                                                    
the constitution  served the state  well over the  years. He                                                                    
urged caution in changing the system.                                                                                           
                                                                                                                                
5:51:10 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough  recalled  that eight  states  had  a                                                                    
system similar  to Alaska's.  She asked  to know  more about                                                                    
the predominate systems.                                                                                                        
                                                                                                                                
Mr. Carpeneti replied that he  was poorly informed about the                                                                    
process in  other states. He  noted that  approximately half                                                                    
of  the   states  with  merit-based  election   systems  had                                                                    
commissions  that were  evenly split  between attorneys  and                                                                    
non-attorneys. He stated  that he had not  felt compelled to                                                                    
research other  state's systems  because Alaska's  worked so                                                                    
well.                                                                                                                           
                                                                                                                                
Vice-Chair Fairclough  corrected that 38 states  had similar                                                                    
systems to Alaska's.                                                                                                            
                                                                                                                                
Co-Chair  Meyer limited  public  testimony to  two to  three                                                                    
minutes.                                                                                                                        
                                                                                                                                
5:52:51 PM                                                                                                                    
                                                                                                                                
ALISON   ARIANS,   SELF,  ANCHORAGE   (via   teleconference)                                                                    
testified  as a  small-business  owner against  SJR 21.  She                                                                    
stated that she  appreciated efficiency, limited bureaucracy                                                                    
and  expert  advice. She  agreed  with  the process  of  the                                                                    
Alaska  Judicial  Council  and opined  that  adding  members                                                                    
would increase the  travel budgets. She stated  that she was                                                                    
comfortable  with  attorneys  evaluating  their  peers.  She                                                                    
respected the opinion  of the Chief Justice if  needed for a                                                                    
vote.  She stated  that  the citizen  members  of the  group                                                                    
deserved credit  for their ability  to make  good decisions.                                                                    
She cited  that only 15  out of  1100 votes resulted  in the                                                                    
Chief  Justice siding  with the  attorney group  against the                                                                    
public  members. She  spoke about  her volunteer  work as  a                                                                    
guardian  ad litem  for children.  She wanted  to feel  sure                                                                    
that she would vote for well-qualified judges.                                                                                  
                                                                                                                                
5:54:52 PM                                                                                                                    
                                                                                                                                
DANIEL CHEYETTEE, SEALASKA  FEDERATION OF NATIVES, ANCHORAGE                                                                    
(via  teleconference),   testified  in  opposition   to  the                                                                    
legislation.  He  echoed  reasons for  the  opposition  from                                                                    
prior testifiers.  While his  group would  like to  see more                                                                    
Alaska natives  on the  bench as  members of  the judiciary,                                                                    
the  solution  would  be to  encourage  native  Alaskans  to                                                                    
attend law  school and become judges.  The Alaska Federation                                                                    
of Natives  (AFN) believed that the  current Alaska Judicial                                                                    
Council  system worked  well. He  mentioned the  state court                                                                    
system  with  multiple  talented and  respected  judges.  He                                                                    
disagreed with  the effort to  change the system.  He worked                                                                    
as  an attorney  and  noted the  incredible time  commitment                                                                    
offered  by  members  of the  Alaska  Judicial  Council.  He                                                                    
feared that  an increase  in the size  of the  council would                                                                    
require  too  great  a  commitment   from  the  members.  He                                                                    
suggested  that  the  proposed expansion  might  lead  to  a                                                                    
system with less responsibility.                                                                                                
                                                                                                                                
5:58:43 PM                                                                                                                    
                                                                                                                                
DAVID   LANDRY,   SELF,   ANCHORAGE   (via   teleconference)                                                                    
testified against SJR  21. He explained that he  worked as a                                                                    
small-business general  contractor. He stated  opposition to                                                                    
the  resolution because  of  the  devaluing of  professional                                                                    
opinion exhibited  in the  bill. He  assumed that  each case                                                                    
presented before  a judge had  an attorney with  an opposing                                                                    
side of an issue or  lawsuit. He believed that the attorneys                                                                    
operated  as business  people  without monolithic  political                                                                    
views. He mentioned his own  practice of seeking advice from                                                                    
other  contractors about  his peers  for  the most  valuable                                                                    
business  partners. He  stressed the  importance of  the Bar                                                                    
Association in the  selection of judges. He  argued that the                                                                    
resolution was a solution in search of a problem.                                                                               
                                                                                                                                
6:01:44 PM                                                                                                                    
                                                                                                                                
GEORGE PIERCE, SELF,  KASILOF (via teleconference) testified                                                                    
in opposition to the legislation.  He opposed the resolution                                                                    
because the current  system worked so well.  He commented on                                                                    
the data  presented and noted  that 15 instances of  a Chief                                                                    
Justice  voting in  favor  of attorneys  did  not mandate  a                                                                    
constitutional change.  He stated that the  bill would allow                                                                    
the  governor  to  have  control   of  the  Alaska  Judicial                                                                    
Council, which  would provide the opportunity  for political                                                                    
seeding.  He noted  the lack  of  evidence for  the need  to                                                                    
change  the system.  He  stressed the  lack  of evidence  of                                                                    
discrimination  in the  votes. He  found it  concerning that                                                                    
the judges would  be selected by the governor  versus by the                                                                    
people.   He  argued   against   the  need   to  amend   the                                                                    
constitution.                                                                                                                   
                                                                                                                                
6:04:12 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  CLOSED public testimony.  He asked  how long                                                                    
the members were appointed.                                                                                                     
                                                                                                                                
Ms.  Shadduck replied  that members  were appointed  for six                                                                    
years with staggered terms.                                                                                                     
                                                                                                                                
Co-Chair  Meyer discussed  the concern  that a  conservative                                                                    
governor could appoint conservative members and vice versa.                                                                     
                                                                                                                                
Ms. Shadduck replied that the  terms would be staggered when                                                                    
additional members were added via the resolution.                                                                               
                                                                                                                                
Vice-Chair  Fairclough asked  if the  bill would  change the                                                                    
vote of the people for judicial retention.                                                                                      
                                                                                                                                
Ms.  Shadduck replied  that the  resolution did  not address                                                                    
the  judicial retention  election process.  She pointed  out                                                                    
that  the public  currently  had a  voice  when judges  were                                                                    
already appointed. The resolution  would allow for a greater                                                                    
public voice in the beginning of the selection process.                                                                         
                                                                                                                                
SJR  21  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
Historical Roster of AJC members.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 - Judicial Merit Selection Charts.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 - Judicial Selection Map.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 - Kathleen Miller's Letter to Legislature re AJC 2-20-14.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 AJC. BYLAWS.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 ARTICLE.IV.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 Sponsor Statement.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SB 127 Explanation of Changes.pdf SFIN 3/3/2014 5:00:00 PM
SB 127
SB 127 Sponsor Statement.pdf SFIN 3/3/2014 5:00:00 PM
SB 127
CSSB 169HSS Sectional Analysis.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB 169 changes vsn O to Y.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB 169 Historic vaccine photo.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB 169 Support all.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB169 FAQ.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB169 Sponsor Statement FIN.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB169 Vaccines In AK short vsn (2).pptx SFIN 3/3/2014 5:00:00 PM
SB 169
SJR 21 - Summary of Changes.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 TESTIMONY OF DAVID JENSEN.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SB 169 Historic vaccine photo.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB169CS(HSS)-DHSS-EPI-02-27-14.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB169CS(HSS)-DHSS-HCMS-02-27-14.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB169CS(HSS)-DHSS-VAA-02-27-14.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SJR 21 Kreitzer support .docx SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR21 AK Judicial Council Members-voting info.- duties.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SB127-DOA-DMV-02-18-2014.pdf SFIN 3/3/2014 5:00:00 PM
SB 127
SJR21 AFN Resolution.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR21 AK Judicial Council Voting Stats..pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SB 169 Support Cmmsn Aging.pdf SFIN 3/3/2014 5:00:00 PM
SB 169
SB169 AK_BIO PhRMA Testimony SB 169 Mar2014 v2.docx SFIN 3/3/2014 5:00:00 PM
SB 169
SJR021CS(JUD)-AJC-2-28-14.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21
SJR 21 opposition - Bundy.pdf SFIN 3/3/2014 5:00:00 PM
SJR 21