04/14/2023 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB80 | |
| HB28 | |
| Confirmation Hearing(s):|| Board of Governors of the Alaska Bar|| Alaska Judicial Council|| Alaska Commission on Judicial Conduct|| Confirmation Hearing(s): | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 80 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 28 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 14, 2023
1:00 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative David Eastman
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 80
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- MOVED SB 80 OUT OF COMMITTEE
HOUSE BILL NO. 28
"An Act restricting the release of certain records of
convictions; and providing for an effective date."
- MOVED CSHB 28(JUD) OUT OF COMMITTEE
CONFIRMATION HEARING(S):
Board of Governors of the Alaska Bar
- William "Bill" Granger Anchorage
- CONFIRMATION(S) ADVANCED
Alaska Judicial Council
- Dennis "Denny" Dewitt Juneau
- CONFIRMATION(S) ADVANCED
Commission on Judicial Conduct
- Todd Fletcher Anchorage
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: SB 80
SHORT TITLE: 2023 REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
02/24/23 (S) READ THE FIRST TIME - REFERRALS
02/24/23 (S) JUD
03/01/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/01/23 (S) Heard & Held
03/01/23 (S) MINUTE(JUD)
03/06/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/06/23 (S) Moved SB 80 Out of Committee
03/06/23 (S) MINUTE(JUD)
03/08/23 (S) JUD RPT 4DP
03/08/23 (S) DP: CLAMAN, GIESSEL, KAUFMAN, KIEHL
03/15/23 (S) TRANSMITTED TO (H)
03/15/23 (S) VERSION: SB 80
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) JUD
04/14/23 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 28
SHORT TITLE: ACCESS TO MARIJUANA CONVICTION RECORDS
SPONSOR(s): WRIGHT
01/19/23 (H) PREFILE RELEASED 1/9/23
01/19/23 (H) READ THE FIRST TIME - REFERRALS
01/19/23 (H) JUD, FIN
03/01/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/01/23 (H) Heard & Held
03/01/23 (H) MINUTE(JUD)
03/08/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/08/23 (H) Heard & Held
03/08/23 (H) MINUTE(JUD)
04/14/23 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
SENATOR ELVI GRAY-JACKSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 80, on behalf of the Senate
Rules Standing Committee, sponsor by request of the Legislative
Council.
KATHRYN KURTZ, Assistant Revisor
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Offered additional information on SB 80.
JAKE ALMEIDA, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the summary of changes in the
proposed CS for HB 28, Version S, on behalf of Representative
Vance.
REPRESENTATIVE STANLEY WRIGHT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered closing remarks during the hearing
on the proposed CS for HB 28, Version S, as the prime sponsor.
DENNIS "DENNY" DEWITT, Appointee
Alaska Judicial Council
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
TODD FLETCHER, Appointee
Alaska Commission on Judicial Conduct
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Commission on Judicial Conduct.
WILLIAM "BILL" GRANGER, Appointee
Board of Governors of the Alaska Bar
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
DAVID IGNELL
Representing Self
Juneau, Alaska
POSITION STATEMENT: Testified on all three appointees.
ACTION NARRATIVE
1:00:52 PM
CHAIR SARAH VANCE called the House Judiciary Standing Committee
meeting to order at 1:00 p.m. Representative Vance was present
at the call to order. Representatives C. Johnson, Eastman,
Gray, Groh, Allard, and Carpenter arrived as the meeting was in
progress.
The committee took an at-ease from 1:00 p.m. to 1:03 p.m.
SB 80-2023 REVISOR'S BILL
1:03:21 PM
CHAIR VANCE announced that the first order of business would be
SENATE BILL NO. 80, "An Act making corrective amendments to the
Alaska Statutes as recommended by the revisor of statutes; and
providing for an effective date."
1:03:48 PM
SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, presented
SB 80, on behalf of the Senate Rules Standing Committee, sponsor
by request of the Legislative Council. She paraphrased the
sponsor statement [included in the committee packet], which read
as follows [original punctuation provided]:
This is the revisor's bill, which the revisor is
required by statute to prepare and submit to the
Legislative Council (AS 01.05.036). Its purpose is to
clean up the statutes, without making any policy
changes. Some sections amend provisions that have
become obsolete due to other legislative action. Some
sections correct drafting errors or oversights in
previous legislation.
Most of the errors corrected in this bill were
discovered by legislative drafters or the revisor in
reviewing the statutes. Some were discovered by the
Department of Law or others and brought to the
revisor's attention. This bill was reviewed by the
relevant agencies in the executive branch before it
was introduced. The Department of Law has identified
no legal issues with the bill and supports these
proposed amendments to the Alaska Statutes.
The draft legislation was reviewed and approved by the
Legislative Council on February 21, 2023, and
forwarded to the Senate Rules Committee for
introduction.
I urge your support of the 2023 Revisor's Bill.
1:05:56 PM
KATHRYN KURTZ, Assistant Revisor, Legislative Legal Services,
Legislative Affairs Agency (LAA), stated that the revisor's bill
was an important tool for maintaining the Alaska Statutes in
good order. She explained that a revisor could clean up some
issues under the authority of AS 01.05.031; however, those
powers were limited to editing and revising without changing the
meaning within statute. For that reason, the proposed
legislation was an opportunity to address issues that "require
something more," such as: adding and deleting words; repealing
obsolete paragraphs and subsections; and changing references to
federal law to reflect renumbering by the federal government.
1:07:23 PM
REPRESENTATIVE ALLARD asked why Ms. Kurtz didn't want to present
the sectional analysis.
MS. KURTZ reminded committee members that, in the interest of
time, the sectional analysis was included in the committee
packet. Alternatively, she offered to present the sectional
upon request.
REPRESENTATIVE ALLARD asked Ms. Kurtz to present the sectional
analysis.
1:07:41 PM
MS. KURTZ presented the document, titled "2023 Revisor's Bill
Sectional Summary," [included in the committee packet].
1:14:49 PM
CHAIR VANCE inquired about section 9, which deleted an obsolete
date reference in AS 34.45.430. She asked why "before or after
September 7, 1986" was replaced with "of a period of time."
MS. KURTZ clarified that "of a period of time" was existing
language. She noted that if any of the proposed changes caused
concern or made a substantive difference, it could be removed
from the bill.
CHAIR VANCE expounded on her question, suggesting that "a period
of time" was less clear than a specific date.
1:17:29 PM
REPRESENTATIVE EASTMAN asked whether SB 80 complied with the
single subject rule.
MS. KURTZ answered no; however, there was an exception to the
single subject rule for budget bills and revisor's bills.
REPRESENTATIVE EASTMAN asked which exemption, under Article 2,
Section 13, of the Constitution of the State of Alaska, SB 80
qualified under.
MS. KURTZ said she was confident that the proposed legislation
qualified under the exception for revisor's bills.
REPRESENTATIVE EASTMAN asked whether a law, which was no longer
being followed, could be eliminated without causing a
substantive change to the law.
MS. KURTZ said the statutory assignment was to address obsolete
provisions in statute.
REPRESENTATIVE EASTMAN requested the definition of "obsolete."
MS. KURTZ stated that the examples in SB 80 were illustrative.
She expounded on those specific examples.
1:20:32 PM
REPRESENTATIVE EASTMAN recalled legislation from a previous
legislative session that attempted to remove a requirement for
the Alaska Public Offices Commission (APOC) to maintain offices
in every Senate district. He questioned the purpose of such a
bill if a revisor's bill would provide the same opportunity for
cleanup.
MS. KURTZ explained that revisor's bills were extremely
conservative in scope, limited to corrections within the
statutory mandate to delete, repeal, or update obsolete
provisions; correct errors in oversight; and improve the former
substance of the law. She acknowledged that there may be other
obsolete or unfunded provisions in statute; however, that would
fall into the category of a policy choice for the legislature,
she said.
1:23:09 PM
REPRESENTATIVE EASTMAN asked whether Ms. Kurtz had worked on a
previous revisor's bill that included a "compound effective
date."
MS. KURTZ said she could not recall.
REPRESENTATIVE EASTMAN asked why a "complex" effective date was
required in SB 80. He questioned whether Section 2 could be
made effective immediately.
MS. KURTZ responded, "Because the section that the change is
being made to has not yet taken effect, so it would be
incongruous to have a change take effect before the actual
subsection takes effect." She added that it made the change
align with the effective date of the subsection.
1:25:08 PM
CHAIR VANCE returned to Section 9 and asked whether changing
"period of time" to "date" [on page 4, line 1] would change the
meaning or intent.
MS. KURTZ said she appreciated the chair's desire to phrase
statutes succinctly; however, she expressed concern about
changing "a period of time," which might encompass multiple
days, to the word "date." She suggested that "a period of time"
was broader, and as such, she was not comfortable making that
additional change.
REPRESENTATIVE GRAY, in response to Chair Vance, shared the
example of "180 days" as a period of time, as opposed to a
specific date. He opined that a period of time may be more
applicable in certain cases.
1:28:19 PM
REPRESENTATIVE EASTMAN inquired about the significance of
removing Section 7 from the bill.
MS. KURTZ explained that without Section 7, the reference would
remain at "50 U.S.C. 3808 (Military Selective Service Act)",
leaving the reader of the statutes to locate the relevant law.
REPRESENTATIVE EASTMAN asked whether the reference to a repealed
law would impact the applicability.
MS. KURTZ declined to offer a definitive answer to the
hypothetical, adding that she was confident about recommending
the two changes to U.S.C. cites because she had reviewed the
language.
1:30:36 PM
REPRESENTATIVE EASTMAN remarked:
So, are you drawing a distinction then between if the
federal law changes, they repeal one section, then
move it to another section, versus if they repealed it
and don't move it another section. DO you think
that's legally significant for the purposes of Alaska
law?
MS. KURTZ shared her belief that it was useful to the reader to
direct him/her to the spot where it currently appears.
REPRESENTATIVE EASTMAN asked whether a statutory reference to
federal code [that was moved or repealed] was legally
significant from an attorney's perspective.
MS. KURTZ shared her belief that there was a distinction between
a federal statute that had been repealed and a federal statute
that had been renumbered for the purposes of SB 80.
1:33:22 PM
CHAIR VANCE opened public testimony on SB 80. After
ascertaining that no one online or in person wished to testify,
she closed public testimony. She invited closing remarks from
the bill sponsor and members of the committee.
1:34:17 PM
REPRESENTATIVE EASTMAN deliberated the substantive nature of
"housekeeping" items. He expressed his "exquisite" concern that
the [collective] understanding of "housekeeping" was now being
added to how the legislature might deal with things that weren't
related to one subject.
1:36:40 PM
REPRESENTATIVE CARPENTER moved to report SB 80 out of committee
with individual recommendations and the accompanying fiscal
notes.
REPRESENTATIVE EASTMAN objected.
1:36:59 PM
A roll call vote was taken. Representatives Carpenter, C.
Johnson, Gray, and Groh voted in favor of SB 80.
Representatives Eastman and Vance voted against it. Therefore,
SB 80 was reported out of the House Judiciary Standing Committee
by a vote of 4-2.
1:37:35 PM
The committee took a brief at-ease.
HB 28-ACCESS TO MARIJUANA CONVICTION RECORDS
1:39:41 PM
CHAIR VANCE announced that the next order of business would be
HOUSE BILL NO. 28, "An Act restricting the release of certain
records of convictions; and providing for an effective date."
1:39:52 PM
REPRESENTATIVE C. JOHNSON moved to adopt the proposed committee
substitute (CS) for HB 28, Version 33-LS0271\S, Radford,
4/13/23, as the work draft.
REPRESENTATIVE EASTMAN objected for the purpose of discussion.
1:40:19 PM
JAKE ALMEIDA, Staff, Representative Sarah Vance, Alaska State
Legislature, summarized the changes in the proposed CS for HB
28, ("Version S"), on behalf of Representative Vance. He stated
that Version S added subsection (f)(5) to Section 3 on page 3,
line 5; additionally, Version S deleted Section 5.
CHAIR VANCE invited questions from members of the committee.
1:41:31 PM
REPRESENTATIVE GRAY asked how the fee of $150 was established.
CHAIR VANCE explained that after researching [the fees for]
marijuana conviction records in other states, which range from
$150-$500, she decided upon the "lowball figures" to compensate
for financial hardship. She reasoned that paying a fee for the
associated costs of sealing prior convictions would demonstrate
the seriousness the individual. Further, she intended for the
fiscal note to be greatly reduced due to the proposed user fee.
1:42:31 PM
REPRESENTATIVE EASTMAN withdrew his objection. There being no
further objection, Version S was adopted as the work draft.
REPRESENTATIVE VANCE invited final comments from the bill
sponsor.
1:42:56 PM
REPRESENTATIVE STANLEY WRIGHT, Alaska State Legislature, prime
sponsor of HB 28, thanked the committee for putting the bill
through its paces and allowing it to move forward. He described
the bill as good legislation.
CHAIR VANCE invited final comments from members of the
committee.
1:43:37 PM
REPRESENTATIVE EASTMAN inquired about the effect of the language
on page 3, line 21, of Version S. He questioned how to obtain
[a criminal history record] that includes the information
removed under (a) of this section.
CHAIR VANCE sought to clarify the question.
REPRESENTATIVE EASTMAN directed attention to page 3, lines 19-
22. He asked whether there was another way for people to obtain
the [sealed] information, and whether that method would be made
publicly available, per paragraphs (1) and (2).
CHAIR VANCE remarked, "I believe on line 9 that we were very
clear on what we told the court system to do as far as the
publicly available information. The only other information
removed in the CS was not required by law."
REPRESENTATIVE EASTMAN asked about the intent of page 3, line
21.
CHAIR VANCE shared her belief that Ms. Meade had previously
testified on how the court's website addressed this issue.
REPRESENTATIVE EASTMAN shared his understanding that Ms. Meade
had stated that the information would not be available and
therefore, would not be referenced on the court's website.
1:46:48 PM
The committee took a brief at-ease.
1:49:28 PM
CHAIR VANCE pointed out that this was time for closing remarks
not further debate or questions. She invited Representative
Eastman to finish his closing remarks.
1:49:56 PM
REPRESENTATIVE EASTMAN expressed concern that the language on
page 3, lines 21-22, might send a person down a never-ending
loop in search of information. Further, he highlighted page 3,
line 16. He suggested that the language in question would
require further attention as the bill advanced.
1:51:34 PM
REPRESENTATIVE GROH applauded the work of the sponsor; however,
he maintained his concern about the [user fee].
1:52:07 PM
REPRESENTATIVE C. JOHNSON moved to report CSHB 28, Version 33-
LS0271\S, Radford, 4/13/23, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 28(JUD), was reported from the House
Judiciary Standing Committee. He gave Legislative Legal
Services permission to make all technical and conforming changes
necessary.
1:52:40 PM
The committee took a brief at-ease.
^CONFIRMATION HEARING(S):
^Board of Governors of the Alaska Bar
^Alaska Judicial Council
^Alaska Commission on Judicial Conduct
^CONFIRMATION HEARING(S):
Board of Governors of the Alaska Bar
Alaska Judicial Council
Alaska Commission on Judicial Conduct
1:55:08 PM
CHAIR VANCE announced that the final order of business would be
confirmation hearings.
1:55:38 PM
DENNIS "DENNY" DEWITT, Appointee, Alaska Judicial Council,
provided a brief overview of his personal life and career
experience, highlighting former positions such as legislative
staff, lobbyist, and special assistant to Governor Frank
Murkowski. He shared his belief that his background prepared
him well for the responsibilities of the Alaska Judicial
Council.
CHAIR VANCE invited questions from members of the committee.
1:57:10 PM
REPRESENTATIVE EASTMAN asked whether the position to which Mr.
Dewitt was appointed to on the Alaska Judicial Council was an at
will position.
MR. DEWITT shared his understanding that it was not an at-will
position.
REPRESENTATIVE EASTMAN asked Mr. Dewitt how he saw the role
"philosophically."
MR. DEWITT described his role as a representative of the people
of Alaska. He emphasized his belief that state government
belonged to the people, contending that he had not been
appointed to represent a governor or any other individual.
1:58:38 PM
CHAIR VANCE recalled an earlier conversation with Mr. Dewitt.
She asked him to expound on the role of the council as a whole
and how Mr. Dewitt intended to represent all Alaskans.
MR. DEWITT suggested that nothing was non-political. He
acknowledged that some people had concerns about how the council
functioned and its use of executive session. He opined that the
more the council could operate outside of executive session the
better, emphasizing the importance of being transparent and
attentive to the needs and concerns of Alaskans.
2:02:05 PM
REPRESENTATIVE GRAY asked Mr. Dewitt to expound on his desire to
expand the list of judicial nominees.
MR. DEWITT detailed the 5-point scale used to rate nominees,
opining that there was room to expand the submission process.
He said he favored more inclusion rather than less.
2:04:21 PM
REPRESENTATIVE GROH asked for Mr. Dewitt's thoughts on the
current judicial selection process.
MR. DEWITT responded, "I think, generally, it's a good one."
REPRESENTATIVE GROH prompted Mr. Dewitt to expand on his answer.
MR. DEWITT expounded, opining that the judicial process was hurt
over time when judges, who were following the constitution and
the law, were suffering in the court of public opinion.
2:06:26 PM
TODD FLETCHER, Appointee, Alaska Commission on Judicial Conduct,
provided a brief overview of his personal life and career
experience, noting that he had already served his first term on
the commission. He opined that the board's membership, composed
of citizens, judges, and attorneys, provided a well-rounded
approach to ethics and other areas of concern while helping the
judicial system remain strong and improve.
CHAIR VANCE invited questions from members of the committee.
2:08:15 PM
REPRESENTATIVE EASTMAN inquired about the role of the commission
itself and asked whether Mr. Fletcher had the courage to tell a
judge when he/she was "behaving badly."
MR. FLETCHER said, "Absolutely." He shared his belief that it
was the role of the citizen members to ensure that high
standards were maintained. Further, he opined that between the
judges, attorneys, and citizens members, situations would be
addressed in the best way.
2:10:12 PM
REPRESENTATIVE GRAY inquired about the increasing politicization
of judges nationwide and asked whether that was affecting the
commission's work. Specifically, he questioned whether the
commission faced public pressure to find corruption.
MR. FLETCHER confirmed that he had been contacted by the public
several times; however, he indicated that answering to the
public was the nature of the job. He emphasized the importance
of ensuring that decisions were made without bias.
2:12:17 PM
REPRESENTATIVE CARPENTER asked Mr. Fletcher to summarize the
judiciary's role in the function of the grand jury.
MR. FLETCHER said that role was being addressed. He added that
the commission was there to ensure that the proper ethics and
processes were being followed.
2:15:37 PM
REPRESENTATIVE EASTMAN considered a hypothetical scenario in
which a member of the judiciary intervened in the grand jury
proceedings thereby violating the rights of a grand jury member.
He questioned the appropriate sanction for such conduct.
MR. FLETCHER said the situation would need to be looked at, as
judges were meant to be unbiased.
CHAIR VANCE thanked Mr. Fletcher.
MR. FLETCHER acknowledged the need to address the grand jury
issue to encourage the public's confidence in the system.
2:18:13 PM
WILLIAM "BILL" GRANGER, Appointee, Board of Governors of the
Alaska Bar, shared an overview of his personal life and career
experience, highlighting his work in the banking industry and
past experience on the board. He believed that his training in
financial management would contribute to his role on the board,
adding that he found public service to be rewarding and
important. He noted that the public's perspective as to the
governance of the Alaska Bar Association (ABA) was extremely
important and, often, a deciding factor in the board's
determinations.
2:20:31 PM
REPRESENTATIVE EASTMAN inquired about the length of term to
which Mr. Granger was appointed.
MR. GRANGER said he was appointed to a three-year term.
REPRESENTATIVE EASTMAN, referencing Mr. Granger's resume,
highlighted his 26 years of service on board. He questioned how
Mr. Granger would respond to the notion that he should not be
allowed to serve for that long.
MR. GRANGER opined that maintaining institutional memory was a
good reason for multiple terms of service on a board structured
similar to the ABA.
REPRESENTATIVE EASTMAN asked how the non-public members were
selected every three years.
MR. GRANGER said members were selected by a popular vote in the
member's judicial district. He explained that the member was
essentially chosen from the approximate 4,700 total [ABA]
members, of which 2,200 were active. He indicated that the
process allowed for representation from all judicial districts
and one member at large.
REPRESENTATIVE EASTMAN asked when the districting was last
reapportioned or redistricted for population changes across the
state.
MR. GRANGER did not know the answer.
REPRESENTATIVE EASTMAN shared his understanding that the
population in the second judicial was outdated. He asked
whether the allocation should be changed or updated to reflect
population changes.
MR. GRANGER acknowledged that population changes were the major
driving factor for apportioning. He admitted that he had not
personally studied the demographic changes in the second
judicial district to that extent. Nonetheless, he agreed that
representation should follow the geography of the population.
2:25:10 PM
REPRESENTATIVE CARPENTER inquired about the board's role in the
evaluation and revision of the ABA members' code of conduct.
MR. GRANGER explained that the ABA members were governed by the
rules of the court and the bylaws of the association. He added
that one of the board's disciplinary duties was to regularly
evaluate whether an attorney had acted properly, responsibly,
and ethically according to the rules and conduct of the court.
REPRESENTATIVE CARPENTER asked how many disciplinary
investigations the board conducted on an annual basis.
MR. GRANGER said the board's role in disciplinary matters was
reviewing, affirming, or tweaking the recommendations and
rulings made by a disciplinary panel. Those matters, he said,
were brought to the disciplinary panel by a group of attorneys
within the association. He recollected that the number of
disciplinary matters brought before the board had declined.
REPRESENTATIVE CARPENTER asked how many cases the board reviewed
on an annual basis.
MR. GRANGER approximated between six and eight.
2:29:36 PM
REPRESENTATIVE GRAY inquired about the recent decision to lower
[the Uniform Bar Examination (UBE)] score from 280 to 270.
MR. GRANGER said he was the only board member to vote against
that decision, opining that the nation's education system was
failing its students. He opined that lowering the minimum score
brought [the association] down "a notch from excellent."
REPRESENTATIVE GRAY shared his understanding that the decision
was intended to increase the number of lawyers in Alaska. He
asked whether that would be the outcome.
MR. GRANGER believed that it would increase the number of
lawyers licensed to practice in Alaska. He acknowledged that
the number of lawyers in the state was on the low side; however,
he attributed that to the type of work, pay, and legal activity
in Alaska.
2:32:46 PM
REPRESENTATIVE C. JOHNSON asked whether Alaska practiced
reciprocity with other states.
MR. GRANGER shared his understanding that Alaska had reciprocity
with many other states, explaining that any lawyer with a
satisfactory UBE score could apply to become a member of the
ABA. He further noted that regardless of the UBE test score,
any lawyer who had practiced law for a period of five years in
another state could apply to be a member of the ABA.
2:34:09 PM
REPRESENTATIVE EASTMAN asked whether Mr. Granger believed that
Alaska should have a law school.
MR. GRANGER pointed out that it would be demographically
difficult to run a law school in Alaska; nonetheless, he said it
would be great to see one in the state.
2:35:41 PM
The committee took a brief at-ease.
2:36:28 PM
CHAIR VANCE opened public testimony on the governor's
appointees.
2:36:55 PM
DAVID IGNELL, Representing Self, said he was a forensic
journalist focused on systemic injustice in Alaska. Four years
ago, he said, his investigation into the wrongful conviction of
Thomas Jack Jr. began to open his eyes into the Alaska Supreme
Court's disregard of constitutional rights. He discussed the
Alaska Supreme Court's recent approval of Order No. 1993,
concerning citizen requested grand jury investigations into
concerns of government misconduct. He characterized the
decision as a "grotesquely unconstitutional" order. He pointed
out that the ABA was responsible for investigating ethical
violations; however, he claimed to be aware of several ethical
violations by past and ongoing state lawyers that had never been
addressed. He shared, for example, that critical evidence of a
false accusation in Mr. Jack's case was withheld by prosecutors
from the grand jury twice. He conveyed that the ABA handled all
ethical complaints behind closed doors, professing that anyone
who filed a complaint was threatened with contempt of court for
discussing the complaint. He argued that all ABA proceedings
and deliberations should be televised, and all votes made
public.
2:41:29 PM
MR. IGNELL transitioned to the Alaska Judicial Council, opining
that Alaskans were "completely in the dark" regarding the basis
for the council's nominations of judicial candidates for the
governor's selections. He questioned why the council wasn't
nominating the candidates favored by the public and urged the
council's public members to promote transparency. He shared his
understanding that Mr. Dewitt was inclined to stand up for
what's right; however, he said there was more required of him
for such an important position. He advised Mr. Dewitt to
"remove all the doors" and be willing to go public if met with
resistance by other council members. He named transparency and
accountability as essential components of government. He vowed
to support Mr. DeWitt's confirmation if he pledged to "pull out
all the stops in accomplishing these goals" and push for judges
that would uphold the constitution.
2:44:12 PM
MR. IGNELL transitioned to Mr. Fletcher's appointment to the
Alaska Commission on Judicial Conduct. He argued that the
commission's ability to determine what constitutes judicial
misconduct was a powerful tool that was not being used properly
today. He opined that the commission needed better
transparency, arguing that all matters should be deliberated in
full public view. Additionally, he said the commission needed
to demonstrate care for the public and shared a personal
anecdote. Next, he said complaints should not be handled in the
dark, adding that the entire investigation process needed more
transparency. He suggested that the commission should address
serious complaints by requesting investigations by grand juries
led by independent special prosecutors who would not fear
repercussions by the judiciary. Furthermore, he argued that
grand jury reports, and the deliberations of such reports,
should be made public. In conclusion, he addressed the
commission's policy on conflicts of interest.
2:47:11 PM
CHAIR VANCE closed public testimony. She moved to advance the
confirmation of Dennis Dewitt to the Alaska Judicial Council,
Todd Fletcher to the Alaska Commission on Judicial Conduct, and
William Granger to the Board of Governors of the Alaska Bar
Association, to the joint session of the House and Senate for
consideration. She reminded members that signing the reports
regarding appointment to the boards and commissions in no way
reflected individual members' approval or disapproval of the
appointees, and that the nominations were merely forwarded to
the full legislature for confirmation or rejection. There being
no objection, the confirmations were advanced.
2:48:26 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:48 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 80 - Sponsor Statement v.S.pdf |
HJUD 4/14/2023 1:00:00 PM |
SB 80 |
| SB 80 - v.S.PDF |
HJUD 4/14/2023 1:00:00 PM |
SB 80 |
| SB 80 - Sectional Summary v.S.pdf |
HJUD 4/14/2023 1:00:00 PM |
SB 80 |
| SB 80 - Letter from DOL re 2023 Revisor Bill 02.12.23 Supporting Document.pdf |
HJUD 4/14/2023 1:00:00 PM |
SB 80 |
| SB 80 - Alaska Statutory References Supporting Document.pdf |
HJUD 4/14/2023 1:00:00 PM |
SB 80 |
| SB 80 - Fiscal Note -- Dept of Law 02.27.23.pdf |
HJUD 4/14/2023 1:00:00 PM |
SB 80 |
| AK Judicial Council Appointee - Dennis DeWitt.pdf |
HJUD 4/14/2023 1:00:00 PM |
|
| AK Commission on Judicial Conduct - Todd Fletcher.pdf |
HJUD 4/14/2023 1:00:00 PM |
|
| Board of Governors of the Alaska Bar Appointee - William Granger Application.pdf |
HJUD 4/14/2023 1:00:00 PM |
|
| William Granger Resume.pdf |
HJUD 4/14/2023 1:00:00 PM |
|
| HB 28 - Sponsor Statement.pdf |
HJUD 3/8/2023 1:00:00 PM HJUD 4/14/2023 1:00:00 PM SFIN 4/23/2024 1:30:00 PM |
HB 28 |
| HB 28 - v.A.PDF |
HJUD 3/1/2023 1:00:00 PM HJUD 3/8/2023 1:00:00 PM HJUD 4/14/2023 1:00:00 PM |
HB 28 |
| HB 28 - Sectional Analysis.pdf |
HJUD 3/1/2023 1:00:00 PM HJUD 3/8/2023 1:00:00 PM HJUD 4/14/2023 1:00:00 PM |
HB 28 |
| HB 28 - Support Letter.pdf |
HJUD 3/1/2023 1:00:00 PM HJUD 3/8/2023 1:00:00 PM HJUD 4/14/2023 1:00:00 PM SFIN 4/23/2024 1:30:00 PM |
HB 28 |
| HB 28 - AMIA Support for HB 28 - 2.9.23.pdf |
HJUD 3/1/2023 1:00:00 PM HJUD 3/8/2023 1:00:00 PM HJUD 4/14/2023 1:00:00 PM |
HB 28 |
| HB 28 - v.S.pdf |
HJUD 4/14/2023 1:00:00 PM |
HB 28 |