Legislature(2007 - 2008)CAPITOL 120

03/05/2007 01:00 PM House JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
01:05:55 PM Start
01:06:10 PM Board of Governors of the Alaska Bar
01:13:10 PM Commission on Judicial Conduct
01:20:41 PM Alaska Judicial Council
01:42:37 PM Violent Crimes Compensation Board
01:58:47 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Confirmation Hearings:
Board of Governors of the Alaska Bar;
Commission on Judicial Conduct;
Alaska Judicial Council;
Violent Crimes Compensation Board
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 5, 2007                                                                                          
                           1:05 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Ralph Samuels                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                          
                                                                                                                                
     Donald McLean, D.D.S. - Wasilla                                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Commission on Judicial Conduct                                                                                                
                                                                                                                                
     Henry K. Novak - Kenai                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Judicial Council                                                                                                       
                                                                                                                                
     Charles M. Kopp - Kenai                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Violent Crimes Compensation Board                                                                                             
                                                                                                                                
     Gerad G. Godfrey - Eagle River                                                                                             
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DONALD McLEAN, D.D.S., Appointee                                                                                                
to the Board of Governors of the Alaska Bar                                                                                     
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:   Testified  as appointee  to  the Board  of                                                               
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
HENRY K. NOVAK, Appointee                                                                                                       
to the Commission on Judicial Conduct (CJC)                                                                                     
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified as  appointee to the Commission on                                                               
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
CHARLES M. KOPP, Appointee                                                                                                      
to the Alaska Judicial Council (AJC)                                                                                            
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:    Testified  as  appointee  to  the  Alaska                                                               
Judicial Council (AJC).                                                                                                         
                                                                                                                                
GERAD G. GODFREY, Appointee                                                                                                     
to the Violent Crimes Compensation Board (VCCB)                                                                                 
Eagle River, Alaska                                                                                                             
POSITION  STATEMENT:    Testified  as appointee  to  the  Violent                                                               
Crimes Compensation Board (VCCB).                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
VICE CHAIR  NANCY DAHLSTROM called  the House  Judiciary Standing                                                             
Committee  meeting  to  order at  1:05:55  PM.    Representatives                                                             
Gruenberg, Dahlstrom, Coghill, and Lynn  were present at the call                                                               
to order.                                                                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                                                                                                                                
^Board of Governors of the Alaska Bar                                                                                         
                                                                                                                                
1:06:10 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR DAHLSTROM  announced that  the committee  would first                                                               
consider the appointment  of Donald McLean, D.D.S.,  to the Board                                                               
of Governors of the Alaska Bar.                                                                                                 
                                                                                                                                
1:07:22 PM                                                                                                                    
                                                                                                                                
DONALD McLEAN,  D.D.S., Appointee  to the  Board of  Governors of                                                               
the Alaska Bar, relayed that he  is a long-standing member of the                                                               
community  and has  been a  practicing dentist  in Alaska  for 29                                                               
years, and mentioned  that he has been  attending a long-distance                                                               
legal education  program in  order to  obtain an  executive juris                                                               
doctorate  degree.   He said  he would  like to  put some  of his                                                               
knowledge, experience, and effort towards  serving the state.  In                                                               
response to  questions, he said he  would not be sitting  for the                                                               
Alaska bar exam once he obtains the aforementioned degree.                                                                      
                                                                                                                                
1:12:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion  to advance  from committee                                                               
the  nomination of  Donald McLean,  D.D.S., as  appointee to  the                                                               
Board of Governors of the Alaska  Bar.  There being no objection,                                                               
the confirmation  was advanced from the  House Judiciary Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
^Commission on Judicial Conduct                                                                                               
                                                                                                                                
1:13:10 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR DAHLSTROM  announced  that the  committee would  next                                                               
consider the appointment  of Henry K. Novak to  the Commission on                                                               
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
1:13:52 PM                                                                                                                    
                                                                                                                                
HENRY K. NOVAK,  Appointee to the Commission  on Judicial Conduct                                                               
(CJC), relayed that  he's always had an interest in  the field of                                                               
law  and now  runs  a  drug and  alcohol  treatment program  that                                                               
serves the communities of Kenai and Homer.   He said he has had a                                                               
lot of  contact with  the legal profession  and is  very familiar                                                               
with  concepts of  confidentiality and  ethics.   He offered  his                                                               
belief that  he would  be an asset  to the CJC.   In  response to                                                               
comments and  questions, he said he  would do his best  to ensure                                                               
that the CJC maintains an ethical process.                                                                                      
                                                                                                                                
1:19:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN made  a motion to advance  from committee the                                                               
nomination  of  Henry K.  Novak  to  the Commission  on  Judicial                                                               
Conduct.    There  being  no   objection,  the  confirmation  was                                                               
advanced from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
^Alaska Judicial Council                                                                                                      
                                                                                                                                
1:20:41 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR DAHLSTROM  announced  that the  committee would  next                                                               
consider  the  appointment  of  Charles M.  Kopp  to  the  Alaska                                                               
Judicial Council (AJC).                                                                                                         
                                                                                                                                
1:21:23 PM                                                                                                                    
                                                                                                                                
CHARLES M. KOPP, Appointee to  the Alaska Judicial Council (AJC),                                                               
recounted his educational history, and  said that as police chief                                                               
of the Kenai  Police Department (KPD), he's  been working closely                                                               
with the  judiciary and is familiar  with and has an  interest in                                                               
all of the issues the AJC  deals with.  In response to questions,                                                               
he said  that with regard  to appointments to the  Alaska Supreme                                                               
Court, for example, he would  be looking for candidates that have                                                               
integrity, are  fair, and have [a  suitable] judicial temperament                                                               
and  experience.     He  acknowledged  that   how  the  judiciary                                                               
interprets  the  law  has  lately   become  a  matter  of  public                                                               
discussion, but  said that  he is  confident that  the AJC,  as a                                                               
group, will  choose judicial  candidates wisely.   He said  he is                                                               
pleased  with  how  the  AJC  has   been  set  up  and  with  the                                                               
information the AJC has made  available on its web site regarding                                                               
the criteria that judicial applicants must meet.                                                                                
                                                                                                                                
MR. KOPP, in response to  comments and questions, relayed that he                                                               
would  keep an  open mind  and  give all  judicial candidates  an                                                               
equal  and   fair  hearing.     He  suggested  that   his  resume                                                               
illustrates that  he is  committed to the  good of  Alaskans, and                                                               
said he  sees his service  on the AJC  as being critical  for the                                                               
greater public good.   He went on to say  that the most important                                                               
traits  for a  judge  to have  are  a sense  of  fairness and  an                                                               
ability  to  communicate  well,   which,  he  acknowledged,  also                                                               
includes  the  ability  to  listen.     In  response  to  further                                                               
comments, he  indicated that  his experience as  a member  of the                                                               
Alaska Police Standards Council (APSC),  as a police officer, and                                                               
as acting city  manager will stand him in good  stead as a member                                                               
of the AJC.                                                                                                                     
                                                                                                                                
1:41:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN made  a motion to advance  from committee the                                                               
nomination of  Charles M.  Kopp to  the Alaska  Judicial Council.                                                               
There being no objection, the  confirmation was advanced from the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                
^Violent Crimes Compensation Board                                                                                            
                                                                                                                                
1:42:37 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR DAHLSTROM  announced  that the  committee would  last                                                               
consider the  reappointment of  Gerad G.  Godfrey to  the Violent                                                               
Crimes Compensation Board (VCCB).                                                                                               
                                                                                                                                
1:44:11 PM                                                                                                                    
                                                                                                                                
GERAD G.  GODFREY, Appointee to  the Violent  Crimes Compensation                                                               
Board (VCCB),  relayed that he  has served  on the VCCB  for four                                                               
years, and that at the time  he started his service, the VCCB was                                                               
functioning at a bare minimum and  there was a lot that needed to                                                               
be  done  with  regard  to  streamlining  certain  processes  and                                                               
establishing  a comprehensive  approach to  the tasks  set before                                                               
it.   He  mentioned that  of  those seeking  assistance from  the                                                               
VCCB, rural  Alaskans are  overrepresented as  a population.   To                                                               
address this issue, the VCCB  developed a three-year plan and has                                                               
established  a  relationship  with  a  sub  agency  of  the  U.S.                                                               
Department of Justice (DOA).  However,  there is still a lot that                                                               
needs to  be done which  would enable  the VCCB to  function more                                                               
efficiently.                                                                                                                    
                                                                                                                                
MR. GODFREY mentioned that he  is anticipating that the VCCB will                                                               
be dealing with over 1,000 claims a  year.  In one sense, this is                                                               
a positive  thing because it  illustrates that the VCCB  is doing                                                               
its job, but it is  also discouraging because it illustrates that                                                               
there are  a lot of  victims of violent crime  in the state.   He                                                               
mentioned that  the court system,  law enforcement  entities, and                                                               
healthcare providers  are required  by law  to inform  victims of                                                               
violent crimes about  the existence of the VCCB.   The VCCB is an                                                               
extremely  motivated  board,  and  will be  focusing  efforts  to                                                               
encourage  religious  entities  to also  disseminate  information                                                               
about the VCCB to those that may need it.                                                                                       
                                                                                                                                
MR. GODFREY opined that the current  VCCB board is in the process                                                               
of setting a  new standard for future boards to  follow, and said                                                               
that his  hope is to  be able to  continue to  serve so as  to be                                                               
able to "finish  what we started."  In response  to questions, he                                                               
relayed  that  when  the  VCCB receives  funds  from  the  state,                                                               
primarily  from garnished  permanent fund  dividends (PFDs),  the                                                               
federal government matches  those funds at a rate  of sixty cents                                                               
on  the  dollar;  that  the VCCB's  typical  annual  budget  runs                                                               
between $1.5  million and  $2 million; and  that most  grants the                                                               
VCCB applies  for can  probably be  taken care  of in-house.   He                                                               
mentioned  that [there  is]  a  problem in  that  the Council  on                                                               
Domestic  Violence  and Sexual  Assault  (CDVSA)  is refusing  to                                                               
submit grants  for various victim advocacy  programs, and relayed                                                               
that he will  be investigating that issue further  and hopes that                                                               
it can be resolved.                                                                                                             
                                                                                                                                
MR.  GODFREY mentioned  that the  VCCB had  requested an  intern,                                                               
both last year  and this year, to compile  the VCCB's statistical                                                               
information for the benefit of the  VCCB and the legislature.  In                                                               
response to a question, he indicated  that it might be helpful if                                                               
driving under  the influence (DUI)  crimes could be added  to the                                                               
statutory  list of  compensable  crimes; the  current board  does                                                               
compensate victims of  such crimes, but future  boards may decide                                                               
not to.                                                                                                                         
                                                                                                                                
1:58:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion  to advance  from committee                                                               
the  nomination  of  Gerad  G.  Godfrey  to  the  Violent  Crimes                                                               
Compensation Board.   There being no  objection, the confirmation                                                               
was advanced from the House Judiciary Standing Committee.                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 1:59 p.m.                                                                 

Document Name Date/Time Subjects