Legislature(2017 - 2018)GRUENBERG 120
02/24/2017 01:30 PM House JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Commission on Judicial Conduct | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 24, 2017
1:32 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Zach Fansler, Vice Chair
Representative Jonathan Kreiss-Tomkins
Representative Gabrielle LeDoux
Representative David Eastman
Representative Chuck Kopp
MEMBERS ABSENT
Representative Lora Reinbold
Representative Charisse Millett (alternate)
Representative Louise Stutes (alternate)
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Commission on Judicial Conduct
Donald McClintock - Anchorage
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
DONALD WILLIAM MCCLINTOCK, Attorney
Anchorage, Alaska
POSITION STATEMENT: As appointee to the position of the
Commission on Judicial Conduct, discussed his qualifications and
answered questions.
ACTION NARRATIVE
1:32:43 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:32 p.m. Representatives Kopp, Eastman,
Fansler, and Claman were present at the call to order.
Representatives Kreiss-Tomkins and LeDoux arrived as the meeting
was in progress.
^CONFIRMATION HEARING(S): COMMISSION ON JUDICIAL CONDUCT
CONFIRMATION HEARING(S):
COMMISSION ON JUDICIAL CONDUCT
1:33:20 PM
CHAIR CLAMAN announced that the only order of business would be
the confirmation hearing on the Commission on Judicial Conduct,
Donald William McClintock.
CHAIR CLAMAN opened invited testimony.
1:34:11 PM
DONALD WILLIAM McCLINTOCK stated he is an Anchorage attorney in
private practice, and advised that he submitted his application
for a seat on the Commission on Judicial Conduct due to his
fairly long history of involvement in the Alaska Court System.
He noted that he considers the Alaska judiciary as one of the
bright lights of this state in terms of delivering fair and
impartial justice. Mr. McClintock explained that his skills and
talent are based upon his prior work history on the Alaska Bar
Association (ABA) in terms of handling discipline matters and
also being familiar with the operation of the court system. He
described this opportunity as a form of public service in
serving the State of Alaska, and that his training as a lawyer
taught him that sometimes it is better to say less than more,
and he was available for questions.
CHAIR CLAMAN noted the committee has a copy of Mr. McClintock's
conflict of interest statement, resume, and other documents. He
then closed invited testimony and opened the committee up for
questions.
1:37:07 PM
MR. McCLINTOCK, in response to Representative Kopp, advised that
the commission was constitutionally created with a number of
components such that it is educational, it is a resource that
provides, sometimes with oversight from the council members
themselves, guidance to judges with some of the close calls that
"we all have to make in our lives," and the disciplinary role is
monitoring complaints to the commission. He said he sees that
role as serving two goals, one of which is the paramount
protection of the public, and protection of the integrity and
reputation of the court system to keep the Alaska type of
justice administered held in high esteem, which requires
judgment calls. He remarked that he does have the training to
participate as an adjudicator and that he would weigh the
evidence and make recommendations as to whether it should move
into a disciplinary matter. Also, he explained, there is
general education for the public and outreach to educate
communities on judicial ethics and the role of judges in the
community.
REPRESENTATIVE FANSLER thanked Mr. McClintock for his public
service and his desire to assist this state.
REPRESENTATIVE LEDOUX echoed Representative Fansler's comments
with respect to thanking Mr. McClintock for his public service
and willingness to serve.
1:39:56 PM
REPRESENTATIVE EASTMAN asked about the tools the commission has
at its discretion in the case of a valid complaint being brought
before the commission.
MR. McCLINTOCK advised that most proceedings are confidential.
Essentially, he said, a complaint comes in, the staff proceeds
with the initial screening process and in the event the
complaint is valid and jurisdictional, it would move to a formal
investigation. In the event it moved on to a disciplinary
matter, typically, a special prosecutor would be retained and
the judge would be given an opportunity to respond to the
complaint. He explained that it would then go through a formal
process of discovery and subsequently an adjudicative hearing
with recommendations as to whether discipline was appropriate.
The range of discipline can be minor slips such as, inadvertent
failure to render a decision timely.
1:42:13 PM
REPRESENTATIVE EASTMAN asked the greater sanctions available to
the commission.
MR. McCLINTOCK responded that if it is a formal disciplinary
proceeding, the commission itself only has the role of making
findings and making recommendations to the Alaska Supreme Court,
of which has the power to impose formal disciplinary action. He
opined that there have been public reprimands, but he could not
recall discipline that has gone further than that. He
reiterated that commission itself makes the findings of the
nature of the breach of the standard of conduct.
1:43:23 PM
REPRESENTATIVE EASTMAN offered a scenario of the commission
receiving a severe complaint and asked whether he would be
reluctant to recommend removal from the judiciary.
MR. McCLINTOCK answered "No," and reiterated his reasons to
serve, such that if there is a judge not meeting his/her
judicial standards required for his/her conduct on the bench, he
has no problem making that recommendation, and he also feels
strongly about protection of the integrity of the court. It is
a reputation that is hard won but easily lost and it is
important to prove to the public that the system works and it
can police itself.
1:44:19 PM
REPRESENTATIVE EASTMAN offered a scenario of a complaint being
brought against a sitting member of the judiciary for marital
infidelity, and after investigation found that it had occurred,
how would he respond to that type of complaint.
MR. MCCLINTOCK related that he would first refer to the cannons
of judicial conduct, and opined that most of the conduct subject
to discipline would be behavior reflecting on the judge's
ability to discharge his/her duties on the bench, as well as
maintain their standing in the community. Frankly, he said, on
that question he would certainly look to past precedent and the
application of the cannons.
1:45:58 PM
REPRESENTATIVE offered a scenario of a complaint against a judge
for making an intentionally misleading statement in the public
eye, and asked how he would deal with that complaint after it
was found that the complaint was valid.
MR. MCCLINTOCK reiterated that he would turn to the cannons of
judicial conduct, it would depend upon the nature of the
statement and the nature of its public import. He commented
that this scenario reflects a statement made outside of the
courtroom, as a public person, but intentionally false. He
reiterated he would turn to the cannons of judicial conduct and
past precedent to see if it invokes some of the concerns about
protecting the integrity of the courts, and whether there would
be sanctions. He related that he would have to educate himself
on that issue.
1:47:31 PM
REPRESENTATIVE EASTMAN said he understands the value of
consistency and precedence, and asked him to speak more on how
he would approach that personally,
CHAIR CLAMAN pointed out that Mr. McClintock is applying as a
member of the Judicial Conduct Commission and it is not
appropriate to ask how he would approach that as a person. Mr.
McClintock answered the questions about how he would address
that on this commission.
CHAIR CLAMAN ruled that question out of order.
1:48:02 PM
REPRESENTATIVE EASTMAN asked Chair Claman if he could ask if
there was a particular reason why that complaint would be worthy
of the commission's time, what about that type of complaint
would make it worthy.
CHAIR CLAMAN repeated that that is not an appropriate question,
Mr. McClintock answered the questions about how he would respond
to that type of complaint, and he answered that he would follow
the guidance of the cannons of judicial conduct and precedent.
1:49:39 PM
REPRESENTATIVE KOPP suggested the committee remember the most
recent cases with which the Judicial Conduct Commission has
dealt. He informed the committee that practically speaking, a
judge signed off on a work contract indicating work was
completed and eligibility for pay, when the work was not
completed. Also, he related, sending notes to a district
attorney or defense attorney suggesting that a new line of
questioning might be more advantageous. In looking at Mr.
McClintock's resume, there is no doubt he will be well suited to
address those situations, he said.
1:50:31 PM
REPRESENTATIVE FANSLER thanked Mr. McClintock for his
willingness to serve and in looking at his resume and hearing
his answers to questions, he agrees that Mr. McClintock will be
a fine candidate for this position.
CHAIR CLAMAN noted that he has known Mr. McClintock for many
years, and that he has long impressive record of public service
in a diverse number of ways displaying not only real integrity
in the community but a dedication to continuing to serve.
1:52:28 PM
REPRESENTATIVE FANSLER said the House Judiciary Standing
Committee reviewed the qualification of the governor's appointee
and recommends that the name, Donald William McClintock,
Judicial Conduct Commission, be forwarded to a joint session of
the Senate and House of Representatives for consideration. This
does not reflect intent by any of the members to vote for or
against this individual during any further sessions for the
purposes of confirmation.
1:53:31 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:53 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Judicial Conduct Commission Appointment-Donald McClintock Application and Resume 2.24.17.pdf |
HJUD 2/24/2017 1:30:00 PM |