Legislature(2009 - 2010)CAPITOL 120
04/10/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Attorney General | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 10, 2009
1:07 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative John Coghill
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Senator Linda Menard
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Attorney General
Wayne Anthony Ross - Anchorage
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No Previous Action to Report
WITNESS REGISTER
WAYNE ANTHONY ROSS, Appointee
Attorney General
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the position of
attorney general.
REPRESENTATIVE BOB HERRON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments and posed questions
during the confirmation hearing regarding the appointment of
Wayne Anthony Ross for the position of attorney general.
BRADLEY FLUETSCH, Grand President
Alaska Native Brotherhood (ANB) Grand Camp
Alaska Native Sisterhood (ANS) Grand Camp
ANB/ANS Camp 70
Juneau, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
BRITTENY CIONI
Juneau, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
BARBARA BACHMEIER
Juneau, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
PAUL EAGLIN, Attorney
Fairbanks, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
SHAYLE HUTCHISON
Fairbanks, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
SCOTT TRAFORD CALDER
Fairbanks, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
BOB BIRD, Board Member
Past President
Alaska Right to Life
Nikiski, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
JOSEPH LAPP
Alaskans Together for Equality
Homer, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
DONNA BERAN
Homer, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
JAMES JACOBSON
Kodiak, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
TOM BAIRD
Wasilla, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
PETER PROBASCO
Palmer, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
BYRON CHARLES
Ketchikan, Alaska
POSITION STATEMENT: Posed the question that the issue is
people's due process.
LARRY FISCHER
Ketchikan, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
GARRY HORTON
Anchorage, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
DEBBIE JOSLIN, President
Eagle Forum Alaska
Delta Junction, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
CLAIRE STEFFENS, Attorney
Anchorage, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
KATE FITZGERALD
Wasilla, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
STEVEN JAQUIER
Anchorage, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
TOM LOKESH
Anchorage, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
STEPHEN GINGRICH
Eagle River, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
CAROL ANNE HOGINS-WOLFE
Anchorage, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
NELSON ANGAPAK, Vice President
Alaska Federation of Natives (AFN)
Anchorage, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
PAMALA SIEGFRIED
Anchorage, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
BRIAN JUDY, Alaska State Liaison
National Rifle Association (NRA)
Anchorage, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
LEAH BURTON
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
BILL BURTON
Kodiak, Alaska
POSITION STATEMENT: Spoke in support of the confirmation of Mr.
Ross for attorney general.
LYNNETTE MORENO-HINZ
Anchorage, Alaska
POSITION STATEMENT: Spoke in opposition to the confirmation of
Wayne Anthony Ross as attorney general.
ACTION NARRATIVE
1:07:25 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:07 p.m. Representatives Ramras, Holmes,
Dahlstrom, Coghill, Gatto, and Lynn were present at the call to
order. Representative Gruenberg arrived as the meeting was in
progress. Senator Menard was also in attendance.
^CONFIRMATION HEARING(S)
^Attorney General
1:07:47 PM
CHAIR RAMRAS announced that the only order of business would be
the consideration of the appointment of Wayne Anthony Ross to
the position of Attorney General.
1:09:04 PM
WAYNE ANTHONY ROSS, Appointee, Attorney General, relayed that he
looks forward to representing all Alaskans and working with each
member of the Legislature and the Department of Law (DOL).
1:09:57 PM
REPRESENTATIVE LYNN asked Mr. Ross if there would be a
difference between his role as a private attorney and as
attorney general.
MR. ROSS explained that a private attorney advocates the
position of his clients, whereas the Attorney General represents
all the people of Alaska. He surmised it is more difficult for
the Attorney General to get proper direction as there were many
viewpoints, in contrast to a private attorney who is able to sit
down one on one with a client.
1:11:39 PM
REPRESENTATIVE BOB HERRON, Alaska State Legislature, noting that
Mr. Ross was poised to become the twenty-first Alaska Attorney
General, asked him who, of the previous Attorney Generals, he
most admired and was most disappointed.
MR. ROSS shared stories of when he'd first come to Alaska and
began working as an attorney. In conclusion, he offered his
hope that the legislature would confirm his appointment.
REPRESENTATIVE HERRON expressed concern that Mr. Ross runs his
practice in a fashion that capitalizes on shock value. He asked
Mr. Ross whether he would be asking both potentially new and
current employees of the DOL for their political positions on
certain issues, such as the Alaska National Interest Lands
Conservation Act (ANILCA).
MR. ROSS said that he would not, noting that one of his partners
had completely opposite political views from those he held. He
explained that trust, integrity, a love of Alaska, and concern
for representing the people of Alaska were more important hiring
issues.
1:20:29 PM
CHAIR RAMRAS, noting that the DOL was tasked with the job of
investigating gasoline pricing in Alaska compared to the Lower
48, relayed that during an informal conversation with Mr. Ross,
Mr. Ross had indicated a willingness to have the DOL perform a
similar investigation regarding gasoline pricing in rural
Alaska.
MR. ROSS reminded the committee that it was necessary for the
Alaska State Legislature to include funding for any special
investigations. He promised to meet with the investigating
attorney, and he commented on the outrageous prices for basic
necessities.
CHAIR RAMRAS noted that the House Judiciary Standing Committee
addresses policy and the House Finance Committee determines the
funding. He offered his opinion that it was necessary to
address the difficulty of rural communities needing to choose
between paying for food or paying for heating fuel.
1:25:06 PM
MR. ROSS opined that it is a total waste of time to do a report
if nothing further is then done with the report findings. He
requested the authority to address any problems revealed in a
report.
CHAIR RAMRAS concurred, and said to Mr. Ross that he looks
forward to those aggressive traits when it comes to look out for
rural Alaska.
MR. ROSS relayed that he is fully cognizant of gasoline prices.
1:26:28 PM
REPRESENTATIVE GATTO noted that legislators have received e-
mails regarding articles that Mr. Ross had authored. He
referred to the Leah Burton statement regarding an overheard
comment attributed to Mr. Ross that "it was okay for a man to
rape his wife" and he asked if Mr. Ross had made this statement.
MR. ROSS relayed that he's sent legislators a letter in response
to the concerns raised by such e-mails. He stated that the
allegations aren't factual.
REPRESENTATIVE GATTO said that he did not place a lot of
credibility in an overheard comment, especially when Mr. Ross
was willing to deny that he said this. He noted that articles
written by Mr. Ross during this time period did not reflect the
attitudes of the alleged overheard comments.
MR. ROSS shared a story of a speech his father had made to him
when he was a young man.
1:31:22 PM
REPRESENTATIVE GATTO surmised that all legislators had faced
untrue accusations at some point in their lives.
CHAIR RAMRAS concurred with Representative Gatto.
1:32:44 PM
REPRESENTATIVE COGHILL noted that the application of the law can
be difficult, and opined that misdemeanor crimes are not pursued
to the necessary extent. He allowed that some of this was due
to bargaining, which was troublesome to Legislators who wrote
laws to be enforced, not to be used as bargaining tools. He
asked Mr. Ross whether he, too, considers that misdemeanants are
not handled as seriously as necessary.
1:34:34 PM
MR. ROSS noted that having a felony [conviction] on one's record
is serious. He pointed out that the first step in the criminal
justice program is the discretion of the law enforcement
officer. Then, the district attorney has the discretion to
pursue a case. He relayed that there was a backlog of trials in
Anchorage. He cited examples and offered his opinion that
district attorneys should be made aware of the impact by their
decisions of who to prosecute.
MR. ROSS said he would visit district attorneys, judges, defense
attorneys, and local leaders to determine key problems and
possible resolutions.
REPRESENTATIVE COGHILL stated that the legislature would track
that the attorney general worked for the Alaskan people, and not
the governor. He also noted that the State needed to "stand up
for victims" as the victims' rights issue seemed to get less and
less attention. He asked Mr. Ross for his perspective on this.
MR. ROSS noted that rights for the unfairly prosecuted also
needed to be protected.
1:39:01 PM
REPRESENTATIVE COGHILL asked Mr. Ross who he would be working
for.
MR. ROSS said that he took an oath to uphold the constitutions
of both Alaska and the United States, and that was his highest
priority. He said he would give advice to the governor and the
legislature, and he hoped it would be accepted. He would be
working for the citizens of Alaska to uphold the state
constitution.
REPRESENTATIVE COGHILL shared his lack of confidence in the
ability for dispassionate prosecution, and he asked Mr. Ross for
his vision of integrity.
1:40:42 PM
MR. ROSS relayed that the criminal justice system does make
occasional mistakes. He allowed that the death penalty doesn't
allow the chance to apologize for executing an innocent person,
but he would uphold the law if a death penalty is reinstituted.
REPRESENTATIVE COGHILL expressed his concern about life
sentences as these did not receive the scrutiny of death
penalties. He opined that the integrity of the current justice
system is in question.
MR. ROSS said that this is the best system in the world. He
said he doesn't think that reinstituting the death penalty would
improve the system.
CHAIR RAMRAS asked if he would hire openly gay or lesbian staff
to the DOL.
1:43:51 PM
MR. ROSS replied that he would, if they were good attorneys.
REPRESENTATIVE HOLMES referred to an article written by Mr. Ross
in which he referred to homosexuality as immoral, degenerate,
and perverse.
MR. ROSS responded that his personal opinion had nothing to do
with the job as Attorney General, and that he would uphold the
laws of the state. He offered several analogies.
1:46:46 PM
CHAIR RAMRAS referred to the judge applicant ratings for the
Alaska Court of Appeals and the Alaska Supreme Court. He asked
why Mr. Ross did not have good scores relative to his peer
group.
MR. ROSS explained that a private practice attorney was in
constant battle on behalf of the client. He stated that he
never hesitated to express his opinions, even if they were not
popular. He offered his belief that the attorney general did
not go to court and argue cases, but needed to hire and manage
honest, hard working, intelligent staff.
1:49:42 PM
CHAIR RAMRAS relayed that Mr. Ross had stated he would take an
aggressive posture for Alaska against the federal government.
Noting that this was the third year of the current
administration and that the attorney general tenure might not
carry into the next administration, he asked about "starting
fights that he can't finish." He asked for clarification of the
difference between defending the rights of the state of Alaska
and fighting to regain presumed lost rights, and how this would
be managed on a possibly shortened time table.
1:50:43 PM
MR. ROSS said he wouldn't be starting any fights; instead, that
would be the prerogative of the governor and the legislature.
He explained that his job was to win the fights initiated by
these other parties.
CHAIR RAMRAS referred to an article describing that the use of
cruise ship taxes might violate federal laws and could result in
litigation. He asked Mr. Ross what position the DOL would take
in defense.
MR. ROSS indicated that he has not yet had an opportunity to
study the issue and formulate an opinion.
REPRESENTATIVE LYNN offered his perception that attorneys as a
group lean toward the politically liberal. He asked whether Mr.
Ross's political views might have accounted for his rating.
MR. ROSS relayed that he tends to be politically to the right.
He referenced a bar association statement that he had received
more positive and more negative comments than any other
candidate.
1:54:22 PM
REPRESENTATIVE HERRON noted that Mr. Ross's leadership would be
a role model for DOL. He referred to a comment by Mr. Ross that
stated "we have too many enemies of Alaska." He asked Mr. Ross
to list those enemies.
MR. ROSS listed predator control groups, groups who prevent
resource development, and groups who would dictate management of
polar bears, whales in Cook Inlet, and Arctic seals. He opined
that Alaska, more than any other state, has more micromanagement
and pressure from outside. He acknowledged that [his] use of
the term "enemy" is too harsh, and that perhaps a better term
would be "opponents." He commented that it would be necessary
to keep these groups "at bay" in order to properly develop
Alaska.
REPRESENTATIVE HERRON asked if Mr. Ross perceived the federal
government as an enemy of Alaska.
MR. ROSS pointed out that he had taken an oath to uphold the
U.S. Constitution and the State of Alaska constitution. He
offered an analogy to working with the federal government.
REPRESENTATIVE HERRON asked Mr. Ross what "his Attorney General
opinion" was for the relationship of Alaska with the federal
government and Native Alaskans, and he asked how this
relationship could be improved.
MR. ROSS said it was important to remember that "We are all
Alaskans," and opined that Alaskans could not afford to allow
ourselves to be divided into sub-groups. He offered his belief
that Alaskans of good will could sit down and work out the
problems. He characterized the legislators he's spoken with as
just such people who want to work toward a solution. He
expounded that solutions needed to come from the viewpoint of
being Alaskans.
2:01:27 PM
REPRESENTATIVE HERRON asked if rural Alaskans should sacrifice
their rights for the benefit of urban Alaskans.
MR. ROSS replied that he was not saying or implying that.
CHAIR RAMRAS asked Mr. Ross if his personality was too big for
the job, and how he intends to manage the size of his
personality with the agility that the attorney general position
required.
MR. ROSS replied that he would be himself. He commented on the
use of his initials to promote his law practice, and he shared
tales from his youth and his schooling. He said he believes in
the concept of "service" and said he wants to serve his state.
2:07:56 PM
CHAIR RAMRAS reflected that Mr. Ross has indicated that he
supports jury nullification, whereas the DOL has gone on record
as not supporting it. Using this as an example, he explained to
Mr. Ross that his earlier question reflected his concern for the
reconciliation between Mr. Ross as a private attorney and Mr.
Ross as attorney general to the corresponding larger legal
positions.
MR. ROSS proudly stated that he practices law, and his defense
arguments reflect this.
CHAIR RAMRAS asked Mr. Ross whether he would approach this case
in the same way whether in Kotzebue or in Anchorage.
MR. ROSS explained that he would, if he felt this was his
client's only defense.
CHAIR RAMRAS questioned whether the alleged offense was the same
in Kotzebue as in an urban area.
MR. ROSS replied that's where prosecutorial discretion comes
into play. He indicated his desire that, in such cases, the
State should consider whether it wants to prosecute, as it has
limited prosecutorial resources.
MR. ROSS said he doesn't think that every crime should be
prosecuted, and that a warning can often have the same desired
outcome.
2:14:10 PM
CHAIR RAMRAS expressed concern with the number of young people
becoming felons. He asked how DOL would determine which crimes
to prosecute, and how aggressively to prosecute young people
with possible felonies.
MR. ROSS replied that the most important crimes to prosecute are
those when a person has hurt another person - "murder, rape,
assault;" and the next most important are property crimes. He
noted that consideration should be given for what punishment is
sufficient or appropriate.
2:16:36 PM
REPRESENTATIVE GATTO asked Mr. Ross whether he would be in favor
of expunging a person's record, if the person was later found to
be innocent.
MR. ROSS said he believes that there should be a law to allow
the courts to expunge a record for both conviction and arrest
under appropriate circumstances.
REPRESENTATIVE GATTO opined that it would not be considered
lying if a record was expunged.
MR. ROSS surmised that the law could be tailored to provide
that.
2:19:07 PM
REPRESENTATIVE COGHILL noted that Alaska has high rates of
sexual assault, physical abuse, and suicide. He shared that
Department of Health and Social Services (DHSS) has struggled
with ways to deal with this. He noted that alcohol has almost
always been a factor. He spoke of laws that offered local
options, and ways to increase the penalties. He asked if Mr.
Ross, as Attorney General, has any better means of holding
individuals accountable and stopping alcohol distribution in dry
areas.
2:20:48 PM
MR. ROSS characterized rape and sexual abuse as serious crimes,
and he opined for a need to educate about the effects to the
victims. He acknowledged that victims of rape and sexual abuse
carry this memory for a long time. He noted the costs to both
the victim and to the society. He also noted the need for
similar education on the effects of alcohol abuse.
REPRESENTATIVE COGHILL spoke to the difficulty of prosecuting
child pornography criminals, especially occurring via the
internet, and asked Mr. Ross if there were tools to catch these
predators without invasion to individual privacy.
MR. ROSS said he did not know what tools were currently
available in Alaska.
REPRESENTATIVE COGHILL pointed out that DOL would need to be
involved in this prosecution. He requested better clarity for
prosecution without privacy invasion.
2:25:39 PM
CHAIR RAMRAS asked Mr. Ross about his relationship with Governor
Palin, noting that Mr. Ross was not the governor's first choice
for attorney general. He asked Mr. Ross to elaborate on his
earlier comments, which were in contrast to those of the
governor, regarding the resignations of Representative Kohring
and Senator Stevens. Finally, he asked Mr. Ross if he felt he
was now the best qualified candidate, and why he believed he was
selected by the governor.
MR. ROSS briefed the committee on the background of his
association with Governor Palin. He affirmed his respect for
Governor Palin when she resigned in protest to the apparent
cover-up of the ethics complaint filed against Randy Ruedrich.
2:30:45 PM
CHAIR RAMRAS asked Mr. Ross which misjudgments he believed
Governor Palin had shown, and how he would have advised her
differently.
MR. ROSS suggested a need for better communication between the
legislature and the office of the governor.
CHAIR RAMRAS asked for specific policy missteps by the governor.
MR. ROSS replied that didn't like her statements for the
resignation of legislators before the justice system had been
completed. He offered his belief that there were not any policy
missteps of the administration.
2:34:17 PM
REPRESENTATIVE HERRON relayed that there is some concern that
the governor picked Mr. Ross for his shock value.
MR. ROSS indicated that he's never considered himself to have
shock value.
2:35:41 PM
REPRESENTATIVE HERRON referred to child welfare cases, and asked
Mr. Ross what role tribes should have with the Office of
Children's Services (OCS).
MR. ROSS offered his belief that tribal courts could be included
in the Alaska court system, as he believed that local control of
problems was positive. However, he listed the Point Lay caribou
herd slaughter as a notorious instance where he believed local
justice "really screwed up." He allowed that this missed
opportunity to render justice at the local level damaged the
argument for tribal courts. He added that as attorney general,
he's not taken a position on this case.
MR. ROSS further stated that Alaska's native corporations have
made substantial progress compared to Indian reservations in the
southwest United States.
REPRESENTATIVE HERRON offered his belief that, in the Yukon
Kuskokwim region, OCS did a very poor job with the interface of
the Indian Child Welfare Act (ICWA). He asked Mr. Ross how DOL
can take advantage of tribal sovereignty to deal with these
children issues.
MR. ROSS said that he doesn't like the term "tribal sovereignty"
and prefers to speak of use of "tribal control." He agreed with
Representative Herron about problems with the OCS office in
Wasilla. He offered his impression that OCS funding was
directly related to the number of children who were removed from
homes.
2:41:56 PM
REPRESENTATIVE HERRON noted that former Attorney General Renkes
had written an opinion regarding OCS, which stated that the
state had exclusive jurisdiction unless the tribes had
petitioned for a transfer of jurisdiction. He asked Mr. Ross
whether he would oppose that opinion.
MR. ROSS pointed out that he's not yet had a chance to review
that opinion and that he believes in the rule of law. He
expressed reluctance to overturn a position without first
determining past positions. In response to a question, he
agreed to further research the issue.
2:43:12 PM
REPRESENTATIVE COGHILL emphasized the need to work together to
align the different standards of ICWA and the state Child in
Need of Aid (CINA) Rules. He expressed the need for an
authority framework.
MR. ROSS opined that some tribes handle these cases well, but
other tribes don't. He suggested a system could be developed -
given sufficient resources - to ensure more efficient response.
REPRESENTATIVE COGHILL said that if Mr. Ross is confirmed, he
would like Mr. Ross to meet with DOL, key legislators, and DHSS
to discuss CINA and ICWA within the court and community systems.
MR. ROSS indicated that he would.
REPRESENTATIVE COGHILL surmised that legal guidelines were
needed to navigate the disparate laws.
2:49:03 PM
CHAIR RAMRAS characterized [some of the governor's actions] as
provocative and offered examples. He noted the legislature's
desire to have the governor physically present during the
legislative session. He asked Mr. Ross how he would advise the
governor with regard to book tours and other lucrative personal
offers.
MR. ROSS said he doesn't know how he would advise her because he
doesn't yet know all the facts. He offered his belief that the
national exposure of Governor Palin has been great for Alaska.
2:52:39 PM
REPRESENTATIVE LYNN pointed out that this is a confirmation
hearing on the position of attorney general, not on the
governor.
CHAIR RAMRAS asked Mr. Ross to provide an opinion on whether DOL
would endorse the governor writing a book and travelling on a
multi city book tour, while the chief executive of Alaska.
MR. ROSS surmised that he probably has more important things to
do, but relayed that when he finds himself with some spare time
he would devote it to such an issue.
2:54:12 PM
REPRESENTATIVE GRUENBERG referred to earlier comments regarding
employees in same-sex relationships, and Mr. Ross's repeated
response that his personal views did not make a difference, as
he had a duty to uphold the constitution. Representative
Gruenberg noted that he and Mr. Ross have been personal friends
for quite some time. He asked how Mr. Ross, as the chief
prosecutor, would use his discretion and put aside his personal
beliefs. He opined that the state of Alaska relied on this
discretion.
2:57:56 PM
MR. ROSS said that as an attorney and as the representative of a
client, an attorney often puts his/her personal beliefs aside
because the client is entitled to representation and a defense.
He added that the attorney general's job is to represent his
client, regardless of whether he agrees with the legislation.
He stated that his job would be to enforce the laws of the state
of Alaska. He said that if such a personal conflict arose that
he could not carry out his duties as attorney general, then he
would resign.
REPRESENTATIVE GRUENBERG indicated that he would pursue some
other questions at a later time.
REPRESENTATIVE DAHLSTROM noted that she has worked with Mr. Ross
in the past.
REPRESENTATIVE HERRON said he is convinced that Mr. Ross is
principled, and relayed that he would be interested in speaking
further with Mr. Ross on issues regarding ICWA, Alaska National
Interest Lands Conservation Act (ANILCA), and subsistence.
3:02:28 PM
CHAIR RAMRAS announced that the House Judiciary Standing
Committee would recess until 5:00 p.m.
5:06:43 PM
CHAIR RAMRAS called the meeting back to order at 5:06 p.m.
Representatives Ramras, Dahlstrom, Coghill, Gatto, Lynn, and
Gruenberg were present at the call back to order.
Representative Holmes arrived as the reconvened portion of the
meeting was in progress. Representative Herron was also in
attendance during the reconvened portion of the meeting.
5:07:56 PM
BRADLEY FLUETSCH, Grand President, Alaska Native Brotherhood
(ANB) Grand Camp, Alaska Native Sisterhood (ANS) Grand Camp,
ANB/ANS Camp 70, noted that Mr. Ross clearly stated, during an
interview while running for governor in 2002, that he would use
the resources of the state of Alaska to challenge ANILCA. He
stressed that ANILCA was a primary tool to move Alaska forward.
"We do not need an attorney general fighting economic
development in Southeast."
MR. FLUETSCH reported that Mr. Ross further stated during that
interview that ANILCA provides subsistence rights, which allows
the federal government to intervene during disagreements with
the state of Alaska over subsistence. He offered his belief
that Mr. Ross would not "honor and enforce current and existing
subsistence rights for rural users."
MR. FLUETSCH observed that the disparity of electricity rates
hinged on the availability of cheaper hydro electricity, which
allowed industry to flourish. He noted that remote Alaskan
communities had no industry or jobs, because they relied on
diesel power instead of hydro power.
MR. FLUETSCH opined that Alaska does not need a litigious,
challenging attorney general; instead the state needs an
attorney general who will work forward with native tribes. He
noted that Senator Kookesh and Representative Thomas came to the
Native Issues forum and said that the state of Alaska had, for
the first time in history, recognized tribal governments.
CHAIR RAMRAS offered his belief that Mr. Ross will draw a clear
distinction between his stated positions as a candidate for
governor, and his position as attorney general. He reminded
that Mr. Ross had guaranteed to study the price of fuel in rural
Alaska. He also noted that many of these same concerns had been
raised by legislators earlier in the day.
5:13:24 PM
MR. FLUETSCH suggested that Mr. Ross also consider a review of
the Legislative Budget and Audit Committee audit for the funding
of the seventy seven Alaska Energy Authority (AEA) projects.
REPRESENTATIVE GRUENBERG noted that Mr. Fluetsch spoke for a lot
of Alaskans.
5:14:07 PM
REPRESENTATIVE GATTO questioned whether ANILCA "took ANWR
(Arctic National Wildlife Refuge) off the table, by declaring it
a wilderness."
MR. FLUETSCH offered his belief that this was the case. In
response to a question, he reported that he was an economist and
an investment advisor.
5:14:54 PM
BRITTENY CIONI relayed that she is opposed to the appointment of
Mr. Ross to the position of attorney general. She offered her
belief that he is a divisive person and will not represent all
Alaskans. She expressed concern with Mr. Ross's stated views
that the Lesbian, Gay, Bisexual, and Transgender (LGBT)
community were "immoral or degenerate" and she considered this
to be a "hostile view." She expressed concern with his ability
to represent women's rights on health issues.
MS. CIONI observed that Mr. Ross made statements that "appear to
condone marital rape" and regardless of his denial, she
expressed her concern with his representation for women and
women's rights. She offered her belief that Mr. Ross "is
hostile to our Native Alaskan population as he has stated he
opposes subsistence priority, tribal sovereignty, and other
legislation supporting our Native population." She noted that
he was not considered for the Alaska Supreme Court or the Alaska
Court of Appeals, and asked how he could then be considered for
the position of Attorney General.
MS. CIONI summarized her belief that Mr. Ross "is unlikely to
fairly represent women, Alaska Natives, or the LGBT community."
5:18:28 PM
BARBARA BACHMEIER said that she opposes the confirmation of Mr.
Ross as Alaska's next attorney general. She established that
she is not a communist, nor an anarchist, but was speaking
because she loves Alaska. She explained that she is a disabled
veteran, and had spent 20 years in military intelligence. She
relayed her experience with hiring Mr. Ross, an attorney who had
been recommended as hard working and worth the money. She
reviewed her meeting with Mr. Ross, which included his
recitation of "rehearsed, colorful, amusing, goofy analogies,"
his successes as an attorney, his son's successes in the Marine
Corps, and what wonderful coffee cake his wife baked. She also
pointed out that she was billed for his time during this
recitation. She reported that his "grand, responsive, legal
strategy" was similar to that of a commanding general. She
shared that she paid him a retainer, which was all the money she
had, but shortly thereafter, he wrote to her that he had "taken
on two very serious criminal cases," and he would no longer be
able to represent her. She clarified that he offered to return
part of her retainer; however this was not enough for her to now
hire another attorney. She observed "that you really can't take
Wayne Anthony Ross's word to the bank." She stated that he
"charged a lot of money for really nothing" although "at a
reduced military discount rate." She summarized that "this is
not the kind of individual that our state needs and deserves as
her next attorney general. We need someone who will honor his
commitments, keep his word, work for the common person like me,
care about vets, and whose word we can take to the bank."
5:24:47 PM
MS. BACHMEIER concluded, stating that Alaskans deserve better,
"somebody who can be a role model."
5:26:34 PM
PAUL EAGLIN, Attorney, asked that Mr. Ross not be confirmed as
attorney general. He expressed concern with Mr. Ross's
reference to lesbians and gays as degenerates. Mr. Eaglin, in
reference to his response of an earlier article by Mr. Ross,
criticized Mr. Ross's article for being poorly organized and
poorly expressed. In response to Representative Gruenberg, he
said he would resubmit his e-mail comments.
5:29:49 PM
SHAYLE HUTCHISON relayed that she works in the family violence
field, and pointed out that Alaska has the highest rate per
capita of men murdering women, the rate of sexual assault is 2.5
times the national average, and the rate of child sexual assault
is 6 times the national average. She pointed out the need for a
leader against family violence. She expressed alarm that a
candidate for attorney general would make public statements that
were dismissive of the problems of domestic violence in Alaska.
She also shared concern that Mr. Ross could be "sensitive,
understanding, fair, or impartial" when dealing with the gay and
lesbian community. She urged opposition to the confirmation.
5:31:57 PM
SCOTT TRAFORD CALDER offered his belief, after listening to the
earlier portion of the committee meeting, that Mr. Ross sounded
as though he would be open to new views and would be a zealous
advocate for Alaska. He concluded that Mr. Ross would "probably
be okay so I don't know of a reason to vote against him."
5:34:39 PM
BOB BIRD, Board Member, former President, Alaska Right to Life,
read from his e-mailed testimony [Included in the members'
packets]. He offered his belief that it is time to be thinking
of ourselves as Alaskans, and not as native or white, rural or
urban, and that it is the federal government that has created
division and controversy. He opined that Mr. Ross is a
"completely transparent and honorable man."
He said that Mr. Ross deserves to be approved.
5:38:38 PM
JOSEPH LAPP, Alaskans Together for Equality, explained that
Alaskans Together for Equality is a statewide group that
promotes civil equality for all Alaskans, with a special
emphasis on gay, lesbian, bi-sexual, and transgender equality.
He requested that Mr. Ross not be confirmed as attorney general,
based on his negative public statements about the GLBT
community, his stance on native rights, and his views on women
and domestic violence, all of which make him a polarizing and
divisive figure. He opined that Mr. Ross would not easily put
aside his personal views. He asked that the committee reject
the nomination of Mr. Ross.
5:40:05 PM
DONNA BERAN said that she worked with victims of domestic
violence and sexual assault, and child victims of sexual abuse,
all of whom would be negatively impacted by his appointment.
She urged the committee not to confirm Mr. Ross.
5:42:02 PM
JAMES JACOBSON said that he's known Mr. Ross for many years and
offered his belief that "he is consistent in good times and
bad." He opined that Mr. Ross did not dodge his
responsibilities to "do the right thing." He described Mr. Ross
as a hardworking, highly competent, honest, and experienced
Alaskan attorney. He offered his hope that Mr. Ross will be
confirmed.
5:45:16 PM
TOM BAIRD said that Mr. Ross was fair, impartial, and honest and
he supports the confirmation of Mr. Ross.
5:46:07 PM
PETER PROBASCO said that he had known Mr. Ross for many years
and he is a man of complete integrity, a supporter of families,
and faithful to the end. He stated his support for Mr. Ross.
5:47:20 PM
REPRESENTATIVE GRUENBERG noted that he did have Mr. Eaglin's
letter.
5:47:41 PM
BYRON CHARLES asked to what extent Mr. Ross or the legislators
had education, knowledge, and understanding of tribal government
issues. He then asked if they all believed in equal protection
and he spoke about the Alaska Native Claims Settlement Act and
the people's due process.
5:50:08 PM
LARRY FISCHER offered his belief that Mr. Ross is a strong
supporter of the Second Amendment and the Constitution. He
advocated support for Mr. Ross.
5:52:54 PM
GARRY HORTON said that he is a Vietnam veteran and has been an
educator for 27 years. He said that Mr. Ross did an excellent
job representing him in a case of mistaken identity and he was
found innocent. He supported the confirmation of Mr. Ross.
5:55:24 PM
DEBBIE JOSLIN, President, Eagle Forum Alaska, said she has known
Mr. Ross for 13 years and we "can do no better than to confirm
Wayne Ross to be the attorney general for our state." She said
she always appreciated his ability to work well with everyone
around him, whether they agreed or not. She said his integrity,
his love for Alaska, and his concern for all Alaskans was very
strong. She said she "trusted him with the state of Alaska."
5:57:31 PM
CLAIRE STEFFENS, Attorney, said she has known Mr. Ross for many
years as an attorney and she urges support for his confirmation.
She opined that many of the respondents to the confirmation
hearings have been speaking their fears that concerns will not
be advanced by the attorney general, however, she opined that
advancing social change is not the job of the attorney general.
She offered her belief that shunning Mr. Ross because of his
differing personal beliefs would be perpetuating the same
intolerance. She stated that Mr. Ross was tolerant and
respectful of all types of people, regardless of his agreement
with them.
6:01:34 PM
KATE FITZGERALD said that she opposed the appointment of Mr.
Ross as attorney general. She expressed her concern that as he
had lacked the qualification for nomination by the Alaska
Judicial Council, he was not qualified to become attorney
general. She said she is concerned with Mr. Ross's views on
women's reproductive health issues. She offered her belief that
Alaska deserved an attorney general who is unbiased, objective,
and qualified, and she did not consider Mr. Ross to have these
qualities.
6:02:52 PM
STEVEN JAQUIER relayed that he was a church-goer, a parent, a
teacher, a business owner, a gun owner, and an ardent supporter
of the first and second amendments to the Constitution. He
considers himself to be the average law abiding Alaskan "whom
Mr. Ross has described as immoral, perverted degenerate." He
offered his belief that the people of Alaska deserve better.
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]
MR. JAQUIER expressed concern with the comments that Ms. Leah
Burton had referenced to Mr. Ross, "if a guy can't rape his
wife, who's he gonna rape" and "there wouldn't be an issue with
domestic violence if women would learn to keep their mouth
shut." Mr. Jacquier stated that he was appalled by these
comments, and although Ms. Steffens previously testified that
Mr. Ross was an "impartial, fair minded champion of us all," he
said he "was not buying what the previous speaker [Ms. Steffens]
was selling." Mr. Jacquier concluded by reading from his
statement which he had submitted to the committee [Included in
the members' packets.]:
We do not appreciate Mr. Ross' statement in the state
Bar Association newsletter referring to GLBT Alaskans
as "degenerates" and describing being gay as a
"perversion." This from a person being considered for
the office of Attorney General? Such baseless and
divisive statements are inflammatorily prejudicial and
reflect poor reasoning skills as well as bad executive
judgment.
Please oppose Wayne Anthony Ross as Attorney General;
his presence would be an insult to the office as well
as to our family; based on his record and statements
to date he would not serve Alaska as whole (sic) well
at all.
[Vice Chair Dahlstrom turned the gavel over to Chair Ramras.]
REPRESENTATIVE GATTO asked if Mr. Jacquier had seen evidence
that the statements attributed to Mr. Ross were accurate.
MR. JAQUIER replied that he finds it credible that a "citizen of
substance and longevity in the community" would go on the radio
and share her personal, firsthand experience. He acknowledged
that he had not heard an official transcript.
6:06:50 PM
CHAIR RAMRAS warned that harassing phone calls to individuals
after their testimony was deplorable and was not condoned.
6:07:20 PM
TOM LOKESH said that he was opposed to Mr. Ross' appointment on
constitutional grounds. He noted that Mr. Ross testified he
would appoint assistants with heart, implying that they should
follow their heart instead of following the state law. Mr.
Lokesh also announced that Mr. Ross' declaration to the
innocence of his clients, which included Mr. Kohring, was an
implication that Mr. Ross would "throw" these appeal cases. Mr.
Lokesh opined this to be a violation of his constitutional right
to separation of powers. He stressed that a vote for
appointment "of a person who would disregard judges, disregard
juries, disregard the law passed by the legislature, impede
legislative investigations..." was unacceptable.
CHAIR RAMRAS said that he didn't hear Mr. Ross say any of what
Mr. Lokesh is asserting.
6:11:20 PM
STEPHEN GINGRICH said he is one of the people that Mr. Ross
referred to as immoral and degenerate in the 1993 Bar
Association letter. He noted that earlier in the day, when
questioned about this, Mr. Ross had not denied or apologized,
but instead, made an anecdotal evasion to the question. He
urged the committee to reject the nomination.
REPRESENTATIVE GRUENBERG asked if Mr. Gingrich was an attorney,
or related to an attorney.
MR. GINGRICH replied that he was not.
6:12:45 PM
CAROL ANNE HOGINS-WOLFE said that she was a lifelong Alaskan and
a licensed clinical social worker. She pointed out that as a
former social worker and investigator for the OCS, she worked to
ensure the safety of children in the home. She stressed that
she was appalled by Mr. Ross' comments that children were taken
into custody by OCS to procure additional funding. She
considered Mr. Ross to be out of touch, divisive,
confrontational, and aggressive. She offered her belief that a
high percentage of Alaskan Natives were in opposition to his
confirmation.
6:15:00 PM
NELSON ANGAPAK, Vice President, Alaska Federation of Natives
(AFN), stated that AFN emphatically opposes the confirmation of
Mr. Ross for attorney general. He recalled that Mr. Ross,
during his campaign for governor, stated that he would hire
"junk yard dog" attorneys to oppose the subsistence clause in
ANILCA. He confirmed that Alaskan Natives were insulted to be
referred to as a junkyard. He offered his opinion that Mr. Ross
opposes tribal government and portions of Alaska Native Claims
Settlement Act (ANCSA). He reiterated that AFN opposes Mr. Ross
as attorney general, and noted that a duty of the attorney
general was representation of all Alaskans, including Alaskan
Natives.
6:19:01 PM
PAMALA SIEGFRIED said that she first met Mr. Ross when she and
others chained themselves to an abortion clinic, and he
represented them through their petition to the Alaska Supreme
Court. She shared that Mr. Ross defended them without pay. She
relayed that Mr. Ross would listen to those he disagreed with,
was moral, and would administer the law fairly. She offered her
support of Mr. Ross for attorney general.
6:21:51 PM
BRIAN JUDY, Alaska State Liaison, National Rifle Association
(NRA), said that the right to bear arms and the right to self
defense are fundamental, and that few issues are more important
to Alaskans. He reported that Mr. Ross is a staunch supporter
of constitutional freedom. He opined that Mr. Ross would not
"coddle any criminals, domestic abusers, or otherwise." He
stated that Mr. Ross was a man of strong character and the
utmost integrity. He expressed the support of the NRA for the
confirmation of Mr. Ross.
6:23:14 PM
LEAH BURTON, read from testimony that she had sent to members of
the committee:
My name is Leah Burton. My father is former
Commissioner of Public Safety, Richard L. Burton, who
served under both Governor Hammond and Governor
Hickel. I grew up in a law enforcement environment.
Mr. Ross testimony today in response to Senator
Hollis' questions about domestic violence and sexual
assault victims enhances my testimony as to his
prejudice on this very serious topic, especially given
that, "Alaska rates among the top 5 states in the
nation for per capita rates of domestic violence."
(FBI/UCR 2007)
From 1989 through 1997 I lobbied on behalf of families
and children in Alaska with regard to child support,
custody, abuse, abandonment and neglect. In the
course of that time my efforts put me in conflict with
a group known then as the Dads Against Discrimination
(DADS), and later renamed the Alaska Family Support
Group.
Mr. Ross is one of the most successful attorneys in
Alaska in his representation of the members of this
organization and others who sought to avoid payment of
child support through several means, not the least of
which was to fight for custody.
In 1991, the DADS group held an area wide meeting at a
Denny's Restaurant in Anchorage near DeBarr & Bragaw.
I chose to go and sit in the main area of the
restaurant near the opening of the meeting room where
they convened so I was able to hear what they had to
say and find out what plans they had for the upcoming
legislative session.
At that point they still did not know what I looked
like so I was able to sit there unnoticed. The
meeting was well attended, Steve Strube was the head
of the group at that time and another known member,
John Grames (who Strube referred to as his Lt.) was
also in attendance along with enough other members to
fill the room. They were delighted to have Wayne
Anthony Ross in attendance as a guest speaker.
Numerous comments were made that were appalling, not
the least of which were remarks by Mr. Ross which
included the following; "If a guy can't rape his
wife...who's he gonna rape?" and "There wouldn't be an
issue with domestic violence if women would learn to
keep their mouths shut."
Other members made their own contributions such as,
"We have the right to discipline our wives and
children without the interference of government in our
lives!"
The comments were greeted with laughter and
affirmative responses by the group. Given the fact
that they had referred to me in recent months as a
"femi-nazi", the comments I was witness to at this
meeting, while abhorrent, were unfortunately not
surprising.
This announcement by Governor Palin is a slap in the
face to all single parents who have no choice but to
rely upon the State Department of Law to support court
orders for child support, as well as those persons who
need the Department to enforce criminal laws against
sexual assault and domestic violence. Mr. Ross is the
antithesis of the type of person that should be the
Attorney General. This has been clearly demonstrated
by his own words and actions in public.
In closing, I am not alone in my assessment that
anyone who condones, and contributes to that type of
hateful and harmful discourse clearly does not have
the judgment necessary to represent the people of the
State of Alaska as their Attorney General.
Given his other special interests and his stated
opposition to subsistence rights and other Alaska
Native issues I have brought forth this as yet another
dimension of Mr. Ross demonstrated inability to
represent all people in the state of Alaska fairly and
impartially. His clear racial and gender prejudice
raise serious concerns with regard to his ability to
represent all residences of the state of Alaska fairly
and impartially as their Attorney General.
6:27:58 PM
REPRESENTATIVE GRUENBERG, noting that her written statement was
not in his package, asked Ms. Burton to provide it to the
committee. He asked if she saw Mr. Ross make this statement and
were there any other witnesses who could verify this.
MS. BURTON replied that she did see him make the statement, but
as it was a house packed full of like-minded people, it may be
difficult to find anyone who would come forward.
REPRESENTATIVE LYNN, stating that he is familiar with the venue,
offered his belief that it would be difficult to hear or see
into the meeting room as it was currently configured. He
conceded that the room configuration may have been changed in
the 17 years since the DADS meeting.
MS. BURTON replied that may be true.
6:29:53 PM
REPRESENTATIVE DAHLSTROM asked if Ms. Burton was aware of the
rebuttal letter that Mr. Ross had submitted to the legislature.
MS. BURTON replied that she was aware of this and not surprised.
In response to a question from Representative Dahlstrom, she
said she would be willing to speak with a representative of the
administration.
CHAIR RAMRAS offered his belief that Mr. Ross would be confirmed
as attorney general. He voiced his hopefulness that Mr. Ross
had "grown considerably since then and brings a broader, more
mature, more balanced perspective to the position." He observed
that Mr. Ross "seems like an honest man" and "a thoughtful man."
He reflected that a lot of water may have floated under the
bridge in the ensuing 16 years since these alleged comments.
MS. BURTON pointed out that Mr. Ross' testimony to the Senate
Judiciary Standing Committee a few days prior suggested to her
that "his philosophy and ideologies were still the same."
6:32:39 PM
REPRESENTATIVE GRUENBERG asked Ms. Burton to comment further on
her concerns with Mr. Ross' comments to the Senate Judiciary
Standing Committee.
MS. BURTON replied that Mr. Ross, when answering a question
about representation for domestic violence clients, stated that
he did not have sympathy for those cases. She declared that
this remark disturbed her and that such egregious remarks are
never forgotten.
6:34:13 PM
BILL BURTON said that Mr. Ross has "always been honest and
upfront" in dealings the two have had. He opined that Mr. Ross
would be an excellent attorney general, and would "be able to
get along with the natives, even though an awful lot of the
natives don't care for him." He opined that Mr. Ross has the
ability to talk with people. He shared that he was impressed
with Mr. Ross' testimony to the House Judiciary Standing
Committee. He declared that Mr. Ross was "honest and a real
moral character, and I think he would be an excellent attorney
general."
6:36:40 PM
LYNNETTE MORENO-HINZ proudly stated that she was born in Sitka,
prior to statehood. She reported that she was a past president
of Tlingit and Haida tribes and the Alaska Native Sisterhood
(ANS) Camp 87 from Anchorage. She reflected on some of the
walks that ANS had organized to get support for Indian country.
She offered her belief that Mr. Ross was against Alaska Natives
at this time. She detailed her family history in Alaska. She
emphatically declared that "Wayne Anthony Ross is not for Alaska
Natives." She stated "my people are very honorable and we do
not support him." She announced that she was composing a
resolution to not support the nomination of Mr. Ross as attorney
general, which she was planning to present to the Central
Council of Tlingit and Haida.
CHAIR RAMRAS offered his belief that Mr. Ross didn't disparage
any group of people.
6:41:23 PM
CHAIR RAMRAS closed public testimony.
6:41:44 PM
REPRESENTATIVE DAHLSTROM moved to report the confirmation of
Wayne Attorney Ross for attorney general out of committee with
individual recommendations.
REPRESENTATIVE GRUENBERG objected. He said that he was under
the impression that committee questions for Mr. Ross had not
been completed. He informed the committee that he still had
some questions for Mr. Ross.
REPRESENTATIVE GRUENBERG, in response to a clarification from
Chair Ramras, removed his objection.
REPRESENTATIVE GATTO clarified that the House Judiciary Standing
Committee was only determining if Mr. Ross was qualified for the
position.
CHAIR RAMRAS read the confirmation committee report, dated April
10, 2009, which stated:
The Judiciary Committee has reviewed the
qualifications of the following governor's appointee
shown on the attached referral for confirmation form
and recommends that the name be forwarded to a joint
session for confirmation. This does not reflect
intent by any of the members to vote for or against
this individual during any further sessions for the
purpose of confirmation.
He further explained that the committee does not vote, but can
make a motion to forward the name of the attorney general
designee.
6:45:09 PM
CHAIR RAMRAS announced that the confirmation was advanced from
the House Judiciary Standing Committee.
6:45:27 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 6:45 p.m.
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