Legislature(2007 - 2008)CAPITOL 120

02/18/2008 01:00 PM House JUDICIARY


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01:07:56 PM Start
01:08:57 PM Board of Governors of the Alaska Bar
01:20:23 PM Commission on Judicial Conduct
01:39:41 PM Violent Crimes Compensation Board
01:51:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Joint with Senate Judiciary
+ Confirmation Hearings: TELECONFERENCED
Board of Governors of the Alaska Bar
Commission on Judicial Conduct
Violent Crimes Compensation Board
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
                          JOINT MEETING                                                                                       
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
               SENATE JUDICIARY STANDING COMMITTEE                                                                            
                        February 18, 2008                                                                                       
                            1:07 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Jay Ramras, Chair                                                                                               
 Representative Nancy Dahlstrom, Vice Chair                                                                                     
 Representative John Coghill                                                                                                    
 Representative Max Gruenberg                                                                                                   
 Representative Lindsey Holmes                                                                                                  
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Hollis French, Chair                                                                                                   
 Senator Charlie Huggins, Vice Chair                                                                                            
 Senator Lesil McGuire                                                                                                          
 Senator Bill Wielechowski                                                                                                      
 Senator Gene Therriault                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Bob Lynn                                                                                                        
 Representative Ralph Samuels                                                                                                   
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 All members present                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                          
                                                                                                                                
     Carl Ekstrom - Anchorage                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Commission on Judicial Conduct                                                                                                
                                                                                                                                
     Peter Aschenbrenner - Fairbanks                                                                                            
     Thomas G. Nave - Juneau                                                                                                    
     Robert Sheldon - Anchorage                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Violent Crimes Compensation Board                                                                                             
                                                                                                                                
     LeRoy J. Barker - Anchorage                                                                                                
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CARL EKSTROM, Appointee                                                                                                         
to the Board of Governors of the Alaska Bar                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
PETER ASCHENBRENNER, Appointee                                                                                                  
to the Commission on Judicial Conduct (CJC)                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Commission on                                                              
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
THOMAS G. NAVE, Esq., Appointee                                                                                                 
to the Commission on Judicial Conduct (CJC)                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to the Commission on                                                              
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
ROBERT SHELDON, Appointee                                                                                                       
to the Commission on Judicial Conduct (CJC)                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Commission on                                                              
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
LEROY J.BARKER, Appointee                                                                                                       
to the Violent Crimes Compensation Board (VCCB)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  to  the  Violent                                                            
Crimes Compensation Board (VCCB).                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  JAY  RAMRAS called  the  joint  meeting  of the  House  and                                                            
Senate  Judiciary  Standing Committees  to  order  at 1:07:56  PM.                                                            
Representative   Holmes,   Gruenberg,  Dahlstrom,   Coghill,   and                                                              
Ramras, and  Senators Therriault, Wielechowski,  McGuire, Huggins,                                                              
and French were present at the call to order.                                                                                   
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                                                                                                                                
^Board of Governors of the Alaska Bar                                                                                         
                                                                                                                                
1:08:57 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that the  committees would  first consider                                                              
the appointment of  Carl Ekstrom to the Board of  Governors of the                                                              
Alaska Bar.                                                                                                                     
                                                                                                                                
1:10:38 PM                                                                                                                    
                                                                                                                                
CARL EKSTROM,  Appointee to the Board  of Governors of  the Alaska                                                              
Bar,  conveyed that  it is  essential to  have a  public voice,  a                                                              
layman's view of  the process.  He offered that  his background is                                                              
in  public affairs,  marketing,  and with  small  businesses.   In                                                              
response  to  Chair   French,  Mr.  Ekstrom  stated   that  he  is                                                              
interested  in serving  on the Board  of Governors  of the  Alaska                                                              
Bar primarily  due to  his interest  in the  ethics of  attorneys.                                                              
He reiterated  that it is important  to have a  layman's viewpoint                                                              
of the  process and procedure.   He stated  that he would  bring a                                                              
rural, small business  perspective to any discussions  held by the                                                              
body.  He  surmised that this  would be a learning  experience for                                                              
him.                                                                                                                            
                                                                                                                                
CHAIR  FRENCH  asked Mr.  Ekstrom  whether  he  has had  any  life                                                              
experiences that  would influence him  on the topic  of attorney's                                                              
ethics  and if he  has had  any positive  or negative  experiences                                                              
with attorneys.                                                                                                                 
                                                                                                                                
MR. EKSTROM  answered that he has  had both positive  and negative                                                              
experiences with  lawyers, and characterized his  experiences with                                                              
attorneys as  generally better  ones rather than  worse ones.   He                                                              
stressed his  value to the  Board of Governors  of the  Alaska Bar                                                              
would  be  to  provide  a  rural,  small-business  perspective  on                                                              
issues.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  referred  to Mr. Ekstrom's  resume, and  asked                                                              
Mr.  Ekstrom   whether  he  is   currently  associated   with  the                                                              
Whitestone Community Association.                                                                                               
                                                                                                                                
MR.  EKSTROM answered  that he  is  not; although  he founded  the                                                              
association, he left the position in 2005.                                                                                      
                                                                                                                                
SENATOR  THERRIAULT  asked  Mr.   Ekstrom  to  describe  his  past                                                              
interactions with the Alaska Travel Industry Association (ATIA).                                                                
                                                                                                                                
MR.  EKSTROM  answered  that  he previously  served  on  the  ATIA                                                              
board,  on its  marketing  and public  relations  committees.   He                                                              
pointed  out that  he  still serves  on its  government  relations                                                              
committee.   He stated  that he  is currently  very involved  with                                                              
the ATIA  charity walk  held in Anchorage.   He characterized  his                                                              
relationship   with    some   ATIA   members   as    being   close                                                              
relationships.                                                                                                                  
                                                                                                                                
SENATOR  THERRIAULT offered  his  understanding  that most  people                                                              
who serve on  the ATIA are involved  in the tourism business.   He                                                              
asked  Mr.  Ekstrom  whether  his  ATIA service  was  due  to  his                                                              
involvement with  the Whitestone Community Association  and Rika's                                                              
Roadhouse & Landing in Delta Junction, Alaska.                                                                                  
                                                                                                                                
MR. EKSTROM said it was.                                                                                                        
                                                                                                                                
1:15:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  referred to Mr. Ekstrom's  application, and                                                              
noted  that  he  expressed  interest  in  serving  on  the  Public                                                              
Offices Commission  (APOC),  the Alaska Bar  Association,  and the                                                              
Alaska Health  Care Strategies  Planning Council.   She  asked Mr.                                                              
Ekstrom to  describe what  piqued his interest  in serving  on any                                                              
boards and  commissions,  and whether someone  had encouraged  him                                                              
to apply or if he decided to apply based on his own interest.                                                                   
                                                                                                                                
MR. EKSTROM  responded that  both had happened.   He  stressed his                                                              
interest  in citizen  involvement,  and noted  that several  times                                                              
people have  encouraged him  to become  more engaged in  community                                                              
work.                                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked Mr. Ekstrom whether he  feels strongly                                                              
about something in  particular that he would like  to change, with                                                              
respect to the Board of Governors of the Alaska Bar.                                                                            
                                                                                                                                
MR.  EKSTROM  indicated  that  he  did not    He  stated  that  he                                                              
appreciates  that  a  public  member  can  provide  the  Board  of                                                              
Governors of the Alaska Bar with  a public perspective on matters.                                                              
                                                                                                                                
REPRESENTATIVE COGHILL  asked Mr. Ekstrom whether  he has observed                                                              
any of the board's proceedings.                                                                                                 
                                                                                                                                
MR. EKSTROM  answered that  he has not,  adding that thus  far his                                                              
only  involvement with  the  Bar Association  has  been to  assist                                                              
Delta  Junction  high school  students  conduct  mini-mock  trials                                                              
about five years ago.                                                                                                           
                                                                                                                                
CHAIR FRENCH opined  that Mr. Ekstrom seems qualified  to serve in                                                              
the  position.    He  said  he  would  like  to  lobby  for  lower                                                              
association  dues for  attorneys  because Alaska  has the  highest                                                              
bar association dues  in the country.  He stated  that he has long                                                              
been an advocate  for tiered dues, based on experience,  such that                                                              
younger attorneys  would pay lower dues and older  attorneys would                                                              
pay  higher dues.   He  opined that  the vast  majority of  states                                                              
have some  type of  model to allow  for tiered  dues.   He relayed                                                              
that  he  previously  took  to  the  Bar  Association  a  proposal                                                              
suggesting tiered dues, which was immediately rejected.                                                                         
                                                                                                                                
REPRESENTATIVE   COGHILL  reminded   members  that  the   member's                                                              
signature on  the committee  report does  not reflect approval  or                                                              
disapproval  of  the  appointees  and  that  the  nominations  are                                                              
merely  forwarded  to the  full  legislature for  confirmation  or                                                              
rejection.                                                                                                                      
                                                                                                                                
1:19:57 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a  motion to  advance from  the committees  the                                                              
nomination  of Carl  Ekstrom  to  the Board  of  Governors of  the                                                              
Alaska  Bar.   There  being  no objection,  the  confirmation  was                                                              
advanced from the joint meeting of  the House and Senate Judiciary                                                              
Standing Committees.                                                                                                            
                                                                                                                                
^Commission on Judicial Conduct                                                                                               
                                                                                                                                
1:20:23 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that  the committees  would next  consider                                                              
the  appointment  of  Peter Aschenbrenner  to  the  Commission  on                                                              
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
PETER  ASCHENBRENNER,  Appointee  to the  Commission  on  Judicial                                                              
Conduct  (CJC),  stated  that  he has  offices  in  Anchorage  and                                                              
Fairbanks.   He said that he has  been practicing law for  over 36                                                              
years.  The area  of judicial ethics is of particular  interest to                                                              
him, he noted,  and relayed that  he has written over  10 articles                                                              
in  the state  bar journal  on this  topic, that  he has  appeared                                                              
before  the CJC  as an  advocate,  that he  has attended  national                                                              
conferences,  and that  he has  researched issues  that have  come                                                              
before the  CJC.   He surmised  that the  attorney members  of the                                                              
CJC  have some  very  heavy lifting  to do  because  they are  the                                                              
ones,  as  attorneys,  that  see  the  vast  majority  of  problem                                                              
behaviors as  judges are  getting into trouble.   He  posited that                                                              
two areas of  particular interest to the legislature  that the CJC                                                              
is  currently facing  pertain  to  ethical conduct  in  settlement                                                              
conferences and to delays in making decisions.                                                                                  
                                                                                                                                
1:22:04 PM                                                                                                                    
                                                                                                                                
CHAIR  FRENCH  asked Mr.  Aschenbrenner  whether  he's  previously                                                              
served on the CJC.                                                                                                              
                                                                                                                                
MR. ASCHENBRENNER  answered  that he was  previously appointed  by                                                              
Governor Murkowski in  2004, and that his four-year  term will end                                                              
in March 2008;  thus his current application is  for reappointment                                                              
to the CJC.   In response to  a question, he pointed  out that the                                                              
state  constitution provides  for  three different  and  divergent                                                              
points of view,  and offered that judges and public  members bring                                                              
general and  specific experiences to  the CJC.   Attorney members,                                                              
though, provide  proactive comments on problems  judges encounter.                                                              
He pointed out  that the vast majority of the  [CJC's] proceedings                                                              
are  confidential,   and  that  as   the  beginnings   of  problem                                                              
behaviors  emerge,  the CJC  acts  as a  "misconduct  commission."                                                              
The CJC also  lays out guidelines  to guide all judges  in ethical                                                              
behavior in guiding parties into settlement conferences.                                                                        
                                                                                                                                
SENATOR  HUGGINS   asked  Mr.  Aschenbrenner   to  speak   to  his                                                              
forthcoming  article for  the  "The Bar  Rag,"  titled "Hey  Dude,                                                              
Where's My Wig?".                                                                                                               
                                                                                                                                
MR.  ASCHENBRENNER noted  that the  judges in  the United  Kingdom                                                              
wear a  wig down to  the waist.   This gives  the British  a sharp                                                              
and clear vision  of its judges.   He noted that since  the United                                                              
States does  not use such  accoutrements, it struggles  to clearly                                                              
define  its judges.    He also  noted that  the  public wants  its                                                              
judges to decide  cases in a timely manner.  In  fact, current law                                                              
states that  a judge cannot collect  his/her payroll check  if one                                                              
of his/her  decisions  is six months  overdue.   He asked  members                                                              
whether they  feel that  law is  appropriate.   This is  one issue                                                              
about which the  CJC can provide guidance and  encourage judges to                                                              
issue  their  decisions  prior  to  the  aforementioned  deadline,                                                              
rather than to go without being paid.                                                                                           
                                                                                                                                
SENATOR  THERRIAULT   asked  Mr.  Aschenbrenner  whether   he  has                                                              
previously applied for judgeship.                                                                                               
                                                                                                                                
MR. ASCHENBRENNER  said he has not,  though for about 16  years he                                                              
served as a part-time U.S. Magistrate in Fairbanks.                                                                             
                                                                                                                                
1:26:44 PM                                                                                                                    
                                                                                                                                
CHAIR FRENCH  made a  motion to  advance from  the committees  the                                                              
nomination of  Peter Aschenbrenner  to the Commission  on Judicial                                                              
Conduct.    There   being  no  objection,  the   confirmation  was                                                              
advanced  from  the   joint  meeting  of  the   House  and  Senate                                                              
Judiciary Standing Committees.                                                                                                  
                                                                                                                                
1:27:10 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that  the committees  would next  consider                                                              
the appointment  of  Thomas G. Nave,  Esq., to  the Commission  on                                                              
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
THOMAS  G. NAVE,  Esq., Appointee  to the  Commission on  Judicial                                                              
Conduct  (CJC), stated  that  he  has practiced  law  for over  31                                                              
years;  that until  1985, he  was  deputy director  of the  Public                                                              
Defender  Agency (PDA);  and  that  since that  time  he has  been                                                              
engaged in private  practice, which encompasses  criminal defense,                                                              
general civil, and  litigation.  He offered that  he has regularly                                                              
represented  attorneys who  have  been sued  for malpractice,  and                                                              
noted that he too has served on the  CJC for four years.  He noted                                                              
that  the three  attorneys that  serve on  the CJC  do not hold  a                                                              
common view  of everything, but that  each one brings  his/her own                                                              
perspective,  and stated that  he has enjoyed  serving on  the CJC                                                              
the past four years.  And although  initially he did not intend to                                                              
reapply, he  remarked, he changed  his mind when he  realized that                                                              
the learning curve  seems to be so steep.  He pointed  out that he                                                              
has been  to national training,  held in Chicago,  Illinois, twice                                                              
in the  past four years.   It takes  time to  come up to  speed on                                                              
what the judicial  canons state, what they mean, and  how they are                                                              
applied in  practice.   He stated  that he  felt obligated  to put                                                              
the training he has received thus far to effective use.                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  that  he  has  a  conflict  of                                                              
interest in  that Mr.  Nave has represented  other members  of his                                                              
family.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  DAHLSTROM   asked  Mr.  Nave  whether   he  has  a                                                              
potential  conflict  of interest  since  his  wife works  for  the                                                              
Department of Law (DOL).                                                                                                        
                                                                                                                                
MR.  NAVE answered  that he  did not  believe that  a conflict  of                                                              
interest exists  since the  DOL's work  falls outside the  purview                                                              
of  the  CJC,  the  sole  purpose  of  which,  he  opined,  is  to                                                              
determine,  based   on  complaints  that  are  filed,   whether  a                                                              
particular judge  has crossed an ethical  line.  The DOL  plays no                                                              
part in that matter, he offered.                                                                                                
                                                                                                                                
SENATOR THERRIAULT  referred to  Mr. Nave's  resume and  asked him                                                              
to provide more  information on the statement included  in it that                                                              
read, "I have  also been retained by B.P. Exploration  (Alaska) on                                                              
two occasions as  a trial consultant and retained by  law firms as                                                              
an expert witness in legal malpractice cases."                                                                                  
                                                                                                                                
MR.  NAVE  explained  that  that  statement was  part  of  is  his                                                              
initial application  submitted four years  ago.  He noted  that BP                                                              
hired him  twice as part of  its trial litigation team  because it                                                              
wanted  a  local   perspective.    He  stated  that   he  did  not                                                              
participate in  trials, but  instead assisted  BP in setting  up a                                                              
mock trial  situation and  focus groups.   In response  to another                                                              
question, he  said he thought  that BP was  preparing for  a trial                                                              
that would  decide if  it was paying  its fair  share of  taxes to                                                              
the  state.   Mr.  Nave  added,  "It settled,  basically,  on  the                                                              
courthouse steps."                                                                                                              
                                                                                                                                
1:33:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  made  a  motion  to  advance  from  the                                                              
committees  the  nomination  of  Thomas  G.  Nave,  Esq.,  to  the                                                              
Commission  on Judicial Conduct.   There  being no objection,  the                                                              
confirmation  was advanced  from the  joint meeting  of the  House                                                              
and Senate Judiciary Standing Committees.                                                                                       
                                                                                                                                
1:33:52 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that  the committees  would next  consider                                                              
the appointment  of Robert Sheldon  to the Commission  on Judicial                                                              
Conduct (CJC).                                                                                                                  
                                                                                                                                
1:33:59 PM                                                                                                                    
                                                                                                                                
ROBERT SHELDON,  Appointee to the  Commission on  Judicial Conduct                                                              
(CJC), relayed that  in the past two decades he  has been involved                                                              
in  serving in  a  public  policy venue.    He mentioned  that  he                                                              
learned that  a position on the  CJC would become vacant  in March                                                              
2008 during a casual conversation with a friend.                                                                                
                                                                                                                                
REPRESENTATIVE  HOLMES  asked  Mr.  Sheldon whether  this  is  his                                                              
first time to apply to serve on a board or commission.                                                                          
                                                                                                                                
MR. SHELDON said  he was previously involved with  a Taiwan-Alaska                                                              
Trade &  Investment Cooperation Council  (TATICC) group  under the                                                              
Murkowski  administration, an  investment  council that  explored,                                                              
arranged,  and  facilitated  bilateral trade  between  Alaska  and                                                              
Taiwan.                                                                                                                         
                                                                                                                                
CHAIR RAMRAS referred  to Mr. Sheldon's resume, and  noted that at                                                              
present  Mr. Sheldon  assists in  managing a  private equity  fund                                                              
which  invests in  latter-stage, power-related  companies.   Chair                                                              
Ramras asked  Mr. Sheldon whether  any of those companies  have an                                                              
interest in the State of Alaska.                                                                                                
                                                                                                                                
MR. SHELDON  said they do  not.  He  further elaborated  that only                                                              
two holdings  remain in the fund  since its investments  have been                                                              
sold off to public markets.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLMES asked Mr.  Sheldon whether  he has  had any                                                              
particular experiences  with the judicial branch that  have led to                                                              
either positive or negative opinions.                                                                                           
                                                                                                                                
MR. SHELDON  indicated  that he has  not, though  he is  intrigued                                                              
with the  CJC's ethics advice and  prevention component.   He said                                                              
that  the  process  of reviewing  the  CJC's  prior  opinions  and                                                              
actions attracted him to the CJC.                                                                                               
                                                                                                                                
REPRESENTATIVE   HOLMES  asked  Mr.   Sheldon  whether   there  is                                                              
anything he  would like to specifically  accomplish if he  were to                                                              
serve on the CJC.                                                                                                               
                                                                                                                                
MR. SHELDON said  he does not have anything specific  he wishes to                                                              
accomplish other than to just perform his public duty.                                                                          
                                                                                                                                
1:39:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  advance  from  the                                                              
committees the nomination  of Robert D. Sheldon  to the Commission                                                              
on Judicial Conduct.   There being no objection,  the confirmation                                                              
was  advanced from  the  joint meeting  of  the  House and  Senate                                                              
Judiciary Standing Committees.                                                                                                  
                                                                                                                                
^Violent Crimes Compensation Board                                                                                            
                                                                                                                                
1:39:41 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  announced that  the committees  would last  consider                                                              
the  reappointment  of  Leroy  J. Barker  to  the  Violent  Crimes                                                              
Compensation Board (VCCB).                                                                                                      
                                                                                                                                
1:39:57 PM                                                                                                                    
                                                                                                                                
LEROY  J.BARKER,  Appointee  to the  Violent  Crimes  Compensation                                                              
Board (VCCB),  relayed that he  retired from practicing  law three                                                              
years ago and  has served for the  last five years on  the Violent                                                              
Crimes Compensation  Board (VCCB).  He said that  he is requesting                                                              
to be  reappointed to  serve on  the VCCB,  characterized it  as a                                                              
worthwhile  activity, and remarked  that it  is important  to have                                                              
someone with experience  continuing to serve.   Currently the VCCB                                                              
consists of  one physician,  one lay person,  and himself,  as its                                                              
attorney, he  added.   He again expressed  interest in  continuing                                                              
to serve on the VCCB.                                                                                                           
                                                                                                                                
CHAIR RAMRAS  asked Mr.  Barker to explain  the types  of projects                                                              
the VCCB undertakes.                                                                                                            
                                                                                                                                
MR.  BARKER explained  that the  VCCB  is a  statewide board,  and                                                              
that victims  of violent  crimes apply  for compensation  based on                                                              
crimes that are  subject to the VCCB,  as set out by  statute.  He                                                              
offered that  statutes also establish  restraints with  respect to                                                              
what compensation  can be  awarded to  victims.  He  characterized                                                              
the work  of the  VCCB as one  in which  the board members  review                                                              
files  and  rarely   hear  from  the  claimants.     Victims  seek                                                              
assistance,  lost   income,  and  medical  costs,   and  the  most                                                              
important  thing   the  VCCB  does,  he  surmised,   is  to  offer                                                              
emergency  awards  up  to  $1,500,   primarily  to  help  relocate                                                              
victims of domestic  violence.  All first responders  are required                                                              
to notify victims that the VCCB exists, he noted.                                                                               
                                                                                                                                
CHAIR RAMRAS asked  Mr. Barker whether the VCCB  receives matching                                                              
federal funds.                                                                                                                  
                                                                                                                                
MR. BARKER answered  that the VCCB receives $.40 on  the dollar in                                                              
matching  funds, and  that  a portion  of  the  permanent fund  is                                                              
retained  for  the  criminal  justice system  and  that  the  VCCB                                                              
receives  a portion  of that money  - this  represents the  VCCB's                                                              
primary funding source.                                                                                                         
                                                                                                                                
CHAIR  RAMRAS   asked  Mr.   Barker  to   outline  any   suggested                                                              
improvements for the VCCB.                                                                                                      
                                                                                                                                
MR.  BARKER answered  that the  VCCB  would like  to have  funding                                                              
appropriated  to the  VCCB, and  not  lapse, in  order to  benefit                                                              
from the matching  federal funds and thereby assist  more victims.                                                              
Currently  any surplus  funding,  from court-ordered  restitution,                                                              
subrogation  claims,  and donations  revert  to the  general  fund                                                              
(GF).    In  the  past,  the  VCCB  has  depleted  its  funds  and                                                              
therefore had to  reduce compensation to victims.   He offered his                                                              
understanding that  bills have been  introduced that  would assist                                                              
the VCCB.   He further  noted that  most victims are  impoverished                                                              
or destitute.                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS asked  how  many  victims are  compensated  annually                                                              
through the VCCB.                                                                                                               
                                                                                                                                
MR.  BARKER  offered  his  understanding  that  730  victims  were                                                              
compensated "this year."                                                                                                        
                                                                                                                                
CHAIR  RAMRAS surmised  that enhancing  the VCCB  funding via  the                                                              
aforementioned  legislation would  assist the  victims of  violent                                                              
crimes.                                                                                                                         
                                                                                                                                
MR. BARKER concurred.                                                                                                           
                                                                                                                                
1:49:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG relayed  that  he has  known Mr.  Barker                                                              
for over  30 years, and recommends  his continuation on  the VCCB.                                                              
Representative Gruenberg  recalled that a number of  years ago the                                                              
VCCB's jurisdiction  was expanded to include arson,  and asked Mr.                                                              
Barker whether other crimes should be added.                                                                                    
                                                                                                                                
MR. BARKER  said that  he did not  think so.   He opined  that the                                                              
VCCB has  not turned down anyone  who has suffered from  a violent                                                              
crime.    He discouraged  expanding  the  VCCB's  jurisdiction  to                                                              
property crimes due  to the tremendous cost involved  in doing so.                                                              
It's not that  the victims of property crimes  don't deserve help,                                                              
but there is a  lack of resources for providing  assistance to the                                                              
large numbers of victims of that type of activity.                                                                              
                                                                                                                                
SENATOR McGUIRE thanked  Mr. Barker for continuing to  serve.  The                                                              
VCCB is  an uncompensated board,  she noted, and said  its members                                                              
embody the highest level of service.                                                                                            
                                                                                                                                
REPRESENTATIVE  HOLMES  relayed that  someone  she  holds in  high                                                              
regard  has   referred  to  Mr.   Barker  as  "the   ethical  gold                                                              
standard."                                                                                                                      
                                                                                                                                
1:51:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  made  a  motion  to  advance  from  the                                                              
committees  the  nomination of  LeRoy  J.  Barker to  the  Violent                                                              
Crimes  Compensation  Board.    There   being  no  objection,  the                                                              
confirmation was advanced from the  joint meeting of the House and                                                              
Senate Judiciary Standing Committees.                                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committees, the joint                                                                
meeting of the House and Senate Judiciary Standing Committees                                                                   
was adjourned at 1:52 p.m.                                                                                                      

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