Legislature(2021 - 2022)BUTROVICH 205
02/15/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: | |
| SB14 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 14 | TELECONFERENCED | |
SB 14-SELECTION AND REVIEW OF JUDGES
1:43:32 PM
CHAIR REINBOLD announced consideration of SB 14, SENATE BILL NO.
14, "An Act relating to the selection and retention of judicial
officers for the court of appeals and the district court and of
magistrates; relating to the duties of the judicial council;
relating to the duties of the Commission on Judicial Conduct;
and relating to retention or rejection of a judicial officer."
1:44:34 PM
NANCY KAUFMAN, representing self, Anchorage, Alaska, spoke in
support of SB 14. She characterized the process for selecting
and retaining judges as one that creates a judiciary that is
answerable to the people of Alaska. The current selection
process for judges serving on the Court of Appeals and District
Courts gives the Alaska Judicial Council unchecked power.
Judicial Council members are not elected, but [three members]
are selected by the Alaska Bar Association and are not confirmed
by the legislature. She offered her view that the governor
should have the ability to select any qualified attorney to
serve as a judge. That nominee should be confirmed by a majority
vote of the legislature, she said.
1:45:59 PM
MARIO BIRD, Attorney, Law Office of Mario L. Bird, Anchorage,
Alaska, said the abortion cases discussed earlier get right to
the heart of the issues addressed by SB 14.
MR. BIRD stated his view that three Chief Justices of the Alaska
Supreme Court ruled against Planned Parenthood cases, which was
against the will of the people of Alaska and against the
legislature. He provided excerpts from the justices who
dissented. In State v. Planned Parenthood of Alaska, 171 P.3d
577 (Alaska 2007) Chief Justice Matthews joined Chief Justice
Carpeneti to dissent, in part, "Because this court's rejection
of the legislature's thoughtful balance is inconsistent with our
own case law and unnecessarily dismissive of the legislature's
role in expressing the will of the people, I respectfully
dissent."
In 2016, in Planned Parenthood of the Great Northwest v. Alaska,
Chief Justice Stowers, dissented. An excerpt from his dissent
read, "The Alaska Legislature and the voters of this state have
exerted substantial efforts to pass some form of parental
involvement law. I have little difficulty concluding that they
would prefer this court save the Parental Notification Law by
severing certain non-integral provisions if at all possible, and
I believe we could do so."
In 2019, in Planned Parenthood of the Great Northwest v. Alaska,
Chief Justice Stower again dissented. An excerpt from his
dissent read, "I believe the court today fails to give respect
to the legislature's proper role but instead substitutes its
judgment for that of the legislature."
MR. BIRD maintained his view that the court has ignored the will
of the people. This was anticipated by some but not the majority
of the framers of the Alaska Constitution, he said. He read an
excerpt from the Constitutional Convention minutes. On January
23, 1956, Stephen McNealy, an attorney who was later the
Democratic Majority Leader of the legislature, said:
?.This way the people, in no way you read it, or no
matter how you state it, this article does not give
the people any rights in regard to appointing these
judges." He later said in that same speech he gave to
the framers, "We get into the situation where you are
going to have four lawyers including the chief justice
controlling this judicial council, and I say this to
you laymen in all fairness, that in my opinion four
lawyers should be able to control this judicial
council; but let's remember the chief justice is going
to owe his appointment to the governor." He concluded
by saying, "but I do want the members of this
Convention, when you see politics in future years to
come, if this constitution goes into effect, I want it
remembered at least that I made the statement here
when you see politics mixed up in your judges and the
possibility of a Pendergast machine being set up here
in the Territory, this Missouri Plan we have certainly
makes it very possible,.
MR. BIRD concluded that the judiciary needs to be more
responsive to the legislature and the voters of the state.
1:49:41 PM
SENATOR SHOWER that he has heard many of the critiques of SB 14.
He said he will be considering some amendments that have been
suggested to improve the bill.
1:50:21 PM
CHAIR REINBOLD highlighted her view that the courts sometimes
issue decisions that do not reflect legislative policies or
popular opinions of some Alaskans. She said she spent years of
her life on a parental rights' initiative. In fact, one of the
first bills she worked on sought to reduce public use of funds
on abortion was struck down by the Alaska Supreme Court. The
issue came before the court three times and it was struck down
each time, said.
1:51:16 PM
LAWRENCE WHITE, representing self, Eagle River, Alaska, spoke
with concern on the pandemic. [That topic was not public noticed
or under consideration by the committee].
1:53:17 PM
FRANK PUGH, representing self, Anchorage, Alaska, spoke in
support of SB 14, which he opined would broaden the governor's
ability to appoint judges and would lead to a more diverse
court. Some states elect their judges, which gives the people a
better understanding of judges who will serve, he said. He
highlighted his frustration about litigation as plaintiff before
the superior court relating to an easement.
1:55:17 PM
DAVID FRAZIER, representing self, Anchorage, Alaska, spoke in
support of SB 14. He offered his view that this bill would give
the public more confidence in the judiciary since it will bring
fairness into the judicial selection process.
1:56:57 PM
JANET JOHNSON, representing self, Palmer, Alaska, spoke in
support of SB 14 to better balance the selection process for
judicial appointments. Members of the Judicial Council are not
elected. She offered her view that having the public represented
in the judicial selection process would provide a better
balance. It will also make the judiciary more responsive to the
people of Alaska, she said.
1:58:05 PM
LACY LIBBY, representing self, Wasilla, Alaska, spoke in support
of SB 14 to provide more transparency and accountability by
including the governor and legislature in the judicial selection
process. She opined that the Judicial Council is a partisan
group with too much power in selecting appellate court judges
and magistrates. She offered her belief that this means the
council could exclude all potential judges not to their liking.
She highlighted that the Judicial Council recommended retaining
all the judges listed in the voter pamphlet for the last
election even though complaints were filed against several
judges. Under the bill, the voices of the people could be
represented by legislators in the judicial selection process.
She said this is how a representative government should operate.
She expressed concern that seven of the nine members of the
Commission on Judicial Conduct (CJC) are from Anchorage, but
none from the Mat-Su Valley. She said the commission should have
geographical representation.
2:01:04 PM
BILL QUINN, representing self, Anchorage, Alaska, spoke in
support of SB 14. He expressed his interest in seeing it pass
both bodies this session.
2:01:54 PM
SANDY POWERS, representing self, Willow, Alaska, spoke in
support of SB 14. She said it is important to have oversight of
the judiciary by elected officials rather than by unelected
members of the Judicial Council.
2:02:33 PM
MIKE COONS, AMAC Action - Mat-Su Chapter, Palmer, Alaska,
expressed his disappointment that the court system spoke in
opposition to SB 14. He said two areas the AMAC Action does not
have any confidence in are elections and the judicial system. He
provided several examples of what he considered as judicial
overreach. He characterized the judiciary as desiring to be part
of the legislature. He said the AMAC Action fully supports SB
14.
2:04:18 PM
SIMON GILLILAND, representing self, Palmer, Alaska, spoke in
support of SB 14 because it takes power from an unelected body
and places it in the legislature and the governor who are
elected officials.
2:05:10 PM
CHAIR REINBOLD, after first determining no one wished to
testify, closed public testimony on SB 14. She said she would
continue to accept written comments at sjud@akleg.gov.
CHAIR REINBOLD held SB 14 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 14 - Sponsor Statement.pdf |
SJUD 2/15/2021 1:30:00 PM |
SB 14 |
| SB14.pdf |
SJUD 2/15/2021 1:30:00 PM |
SB 14 |
| SB 14 Sectional Analysis.pdf |
SJUD 2/15/2021 1:30:00 PM |
SB 14 |
| SB14 2.3.21.pdf |
SJUD 2/15/2021 1:30:00 PM |
SB 14 |
| SB 14 ACJC Brochure (002).pdf |
SJUD 2/15/2021 1:30:00 PM |
SB 14 |
| William Craig, Sitka resume.pdf |
SJUD 2/15/2021 1:30:00 PM |
William Craig-Resume |
| SB14 email testimony.pdf |
SJUD 2/15/2021 1:30:00 PM |
SB 14 |