Legislature(2005 - 2006)

05/03/2005 02:20 PM JUD


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02:20:17 PM Start
02:21:18 PM Commission on Judicial Conduct
02:24:38 PM SB101
02:29:00 PM SJR12
03:07:34 PM SB154
03:51:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                          May 3, 2005                                                                                           
                           2:20 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative John Coghill                                                                                                     
Representative Nancy Dahlstrom                                                                                                  
Representative Pete Kott                                                                                                        
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Tom Anderson                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Commission on Judicial Conduct                                                                                                
                                                                                                                                
     Jerry Story - Wasilla                                                                                                      
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 101(JUD)                                                                                                 
"An Act  making corrective amendments  to the Alaska  Statutes as                                                               
recommended  by the  revisor of  statutes; and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED HCS CSSB 101(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE JOINT RESOLUTION NO. 12(JUD)                                                                                      
Requesting  the  United  States  Senate  to  move  quickly  to  a                                                               
majority  floor  vote   of  the  United  States   Senate  on  all                                                               
nominations  by President  George W.  Bush to  the United  States                                                               
Supreme Court.                                                                                                                  
                                                                                                                                
     - MOVED HCS CSSJR 12(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 154(JUD)                                                                                                 
"An Act relating to the  jurisdiction for proceedings relating to                                                               
delinquent minors  and to telephonic and  televised participation                                                               
in those proceedings; amending Rules 2,  3, 4, 8, 12, 13, 14, 15,                                                               
16,  21, 22,  23, 24.1,  and  25, Alaska  Delinquency Rules;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HCS CSSB 154(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
HOUSE BILL NO. 193                                                                                                              
"An Act  relating to the licensing,  regulation, enforcement, and                                                               
appeal  rights of  ambulatory surgical  centers, assisted  living                                                               
homes, child  care facilities,  child placement  agencies, foster                                                               
homes,  free-standing   birth  centers,  home   health  agencies,                                                               
hospices  or  agencies  providing  hospice  services,  hospitals,                                                               
intermediate   care  facilities   for   the  mentally   retarded,                                                               
maternity  homes,  nursing  facilities,  residential  child  care                                                               
facilities, residential psychiatric  treatment centers, and rural                                                               
health clinics; relating to criminal  history requirements, and a                                                               
registry, regarding certain  licenses, certifications, approvals,                                                               
and  authorizations  by  the  Department  of  Health  and  Social                                                               
Services;  making conforming  amendments;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 101                                                                                                                  
SHORT TITLE: REVISOR'S BILL                                                                                                     
SPONSOR(S): RULES BY REQUEST OF LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
02/14/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (S)       STA, JUD                                                                                               
02/24/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
02/24/05       (S)       Heard & Held                                                                                           
02/24/05       (S)       MINUTE(STA)                                                                                            
03/01/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
03/01/05       (S)       Moved CSSB 101(STA) Out of Committee                                                                   
03/01/05       (S)       MINUTE(STA)                                                                                            
03/03/05       (S)       STA RPT CS  3DP 1NR  SAME TITLE                                                                        
03/03/05       (S)       DP: THERRIAULT, WAGONER, HUGGINS                                                                       
03/03/05       (S)       NR: ELTON                                                                                              
04/25/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/25/05       (S)       Moved CSSB 101(JUD) Out of Committee                                                                   
04/25/05       (S)       MINUTE(JUD)                                                                                            
04/25/05       (S)       JUD RPT CS 3DP 1NR  SAME TITLE                                                                         
04/25/05       (S)       DP: SEEKINS, THERRIAULT, HUGGINS                                                                       
04/25/05       (S)       NR: FRENCH                                                                                             
04/27/05       (S)       TRANSMITTED TO (H)                                                                                     
04/27/05       (S)       VERSION: CSSB 101(JUD)                                                                                 
04/28/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/28/05       (H)       JUD                                                                                                    
05/02/05       (H)       JUD AT 12:00 AM CAPITOL 120                                                                            
05/02/05       (H)       Heard & Held                                                                                           
05/02/05       (H)       MINUTE(JUD)                                                                                            
05/03/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SJR 12                                                                                                                  
SHORT TITLE: URGE VOTE ON US SUPREME COURT NOMINEES                                                                             
SPONSOR(S): SENATOR(S) THERRIAULT                                                                                               
                                                                                                                                
03/03/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/05       (S)       JUD                                                                                                    
03/24/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/24/05       (S)       Moved CSSJR 12(JUD) Out of Committee                                                                   
03/24/05       (S)       MINUTE(JUD)                                                                                            
03/24/05       (S)       JUD RPT CS FORTHCOMING 3DP 2NR                                                                         
03/24/05       (S)       DP: SEEKINS, THERRIAULT, HUGGINS                                                                       
03/24/05       (S)       NR: FRENCH, GUESS                                                                                      
03/29/05       (S)       JUD CS RECEIVED  NEW TITLE                                                                             
04/08/05       (S)       TRANSMITTED TO (H)                                                                                     
04/08/05       (S)       VERSION: CSSJR 12(JUD)                                                                                 
04/11/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/05       (H)       JUD                                                                                                    
04/27/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/27/05       (H)       Scheduled But Not Heard                                                                                
05/02/05       (H)       JUD AT 12:00 AM CAPITOL 120                                                                            
05/02/05       (H)       Scheduled But Not Heard                                                                                
05/03/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 154                                                                                                                  
SHORT TITLE: JUVENILE DELINQUENCY PROCEEDINGS                                                                                   
SPONSOR(S): SENATOR(S) THERRIAULT                                                                                               
                                                                                                                                
03/29/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/05       (S)       STA, JUD                                                                                               
04/07/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
04/07/05       (S)       Moved CSSB 154(STA) Out of Committee                                                                   
04/07/05       (S)       MINUTE(STA)                                                                                            
04/08/05       (S)       STA RPT CS  2DP 1NR  SAME TITLE                                                                        
04/08/05       (S)       DP: THERRIAULT, DAVIS                                                                                  
04/08/05       (S)       NR: WAGONER                                                                                            
04/18/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/18/05       (S)       Moved CSSB 154(JUD) Out of Committee                                                                   
04/18/05       (S)       MINUTE(JUD)                                                                                            
04/18/05       (S)       JUD RPT CS 3DP 2NR  SAME TITLE                                                                         
04/18/05       (S)       DP: SEEKINS, THERRIAULT, HUGGINS                                                                       
04/18/05       (S)       NR: FRENCH, GUESS                                                                                      
04/20/05       (S)       TRANSMITTED TO (H)                                                                                     
04/20/05       (S)       VERSION: CSSB 154(JUD)                                                                                 
04/21/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/21/05       (H)       JUD, FIN                                                                                               
05/03/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JERRY STORY, Appointee                                                                                                          
to the Commission on Judicial Conduct (CJC)                                                                                     
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified as  appointee to the Commission on                                                               
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
JAMES CRAWFORD, Assistant Revisor                                                                                               
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  discussion  of  SB  101,  offered                                                               
comments, suggested  an amendment, and responded  to questions on                                                               
behalf of  the Senate  Rules Standing  Committee, sponsor  of the                                                               
bill by request of Legislative Council.                                                                                         
                                                                                                                                
DAVID STANCLIFF, Staff                                                                                                          
to Senator Gene Therriault                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented SJR 12 on behalf  of the sponsor,                                                               
Senator  Therriault,  and  responded to  questions  and  comments                                                               
during discussion of proposed amendments.                                                                                       
                                                                                                                                
HEATHER BRAKES, Staff                                                                                                           
to Senator Gene Therriault                                                                                                      
Senate State Affairs Standing Committee                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented SB 154 on behalf  of the sponsor,                                                               
Senator Therriault, and responded to a question.                                                                                
                                                                                                                                
PATTY WARE, Director                                                                                                            
Division of Juvenile Justice (DJJ)                                                                                              
Department of Health & Social Services (DHSS)                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   During discussion  of SB 154,  responded to                                                               
questions and provided comments.                                                                                                
                                                                                                                                
JOSHUA FINK, Public Advocate                                                                                                    
Anchorage Office                                                                                                                
Office of Public Advocacy (OPA)                                                                                                 
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Expressed  concerns  during discussion  of                                                               
SB 154.                                                                                                                         
                                                                                                                                
DEAN J. GUANELI, Chief Assistant Attorney General                                                                               
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                               
SB 154.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee  meeting  to  order at  2:20:17  PM.    Representatives                                                             
McGuire, Coghill, Dahlstrom, Gruenberg,  and Gara were present at                                                               
the call  to order.   Representative Kott arrived as  the meeting                                                               
was in progress.  Representative Anderson was excused.                                                                          
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                                                                                                                                
^Commission on Judicial Conduct                                                                                               
                                                                                                                                
2:21:18 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the committee  would first consider                                                               
the  appointment of  Jerry Story  to the  Commission on  Judicial                                                               
Conduct (CJC).                                                                                                                  
                                                                                                                                
JERRY  STORY, Appointee  to the  Commission  on Judicial  Conduct                                                               
(CJC), in response  to the question of why he  wished to serve on                                                               
the  CJC,  relayed  that  one   of  his  responsibilities  as  an                                                               
assistant superintendent of a school  district was to ensure that                                                               
due process was followed in  cases involving the school district.                                                               
He said  he feels very committed  to due process rights  and this                                                               
is one  of the reasons  that he is  interested in serving  on the                                                               
CJC.  He  relayed that he recognizes that the  CJC's mission is a                                                               
fairly dynamic process, but feels confident  that he is up to the                                                               
task.  In  conclusion, he mentioned that he is  retired, and that                                                               
he  had a  desire to  serve  the state  in some  capacity and  so                                                               
applied for a position on the CJC.                                                                                              
                                                                                                                                
2:23:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM made a  motion to advance from committee                                                               
the  nomination of  Jerry  Story to  the  Commission on  Judicial                                                               
Conduct.   She  then reminded  members that  signing the  reports                                                               
regarding  appointments  to  boards  and commissions  in  no  way                                                               
reflects  individual  members'  approval or  disapproval  of  the                                                               
appointees, and that the nominations  are merely forwarded to the                                                               
full legislature for confirmation or rejection.                                                                                 
                                                                                                                                
CHAIR  McGUIRE asked  whether there  were any  objections to  the                                                               
motion.   There being  none, the  confirmation was  advanced from                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
SB 101 - REVISOR'S BILL                                                                                                       
                                                                                                                                
2:24:38 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
CS  FOR  SENATE BILL  NO.  101(JUD),  "An Act  making  corrective                                                               
amendments to the  Alaska Statutes as recommended  by the revisor                                                               
of statutes; and providing for an effective date."                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  relayed that he has  received an answer                                                               
to the question he'd posed at the bill's last hearing.                                                                          
                                                                                                                                
REPRESENTATIVE  GARA  asked  the   bill's  presenter  to  provide                                                               
comments on a question he'd asked of him.                                                                                       
                                                                                                                                
JAMES  CRAWFORD, Assistant  Revisor,  Legislative Legal  Counsel,                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency (LAA), on  behalf of the Senate  Rules Standing Committee,                                                               
sponsor of the bill by  request of Legislative Council, recounted                                                               
that  Representative Gara's  question  was  whether the  proposed                                                               
removal of references to the  U.S. Bureau of Indian Affairs (BIA)                                                               
from some  sections of Title 14  would hinder the ability  of the                                                               
Department of Education and Early  Development (DEED) to contract                                                               
with the BIA with respect  to costs relating to boarding schools.                                                               
He relayed that he  has not yet heard back from  the DEED on this                                                               
issue.                                                                                                                          
                                                                                                                                
MR.  CRAWFORD suggested,  therefore, that  the committee  adopt a                                                               
conceptual  amendment  to delete  from  the  bill those  sections                                                               
proposing  to  remove  references  to  the  BIA.    Then,  if  he                                                               
subsequently  learns from  the DEED  that  it still  feels it  is                                                               
appropriate  to  remove the  BIA  references  from statute,  that                                                               
change can be  incorporated into next year's revisor's  bill.  He                                                               
characterized  such  a   conceptual  amendment  as  appropriately                                                               
conservative for  a revisor's bill,  adding that there  isn't any                                                               
particular   "time  pressure"   to   remove  the   aforementioned                                                               
references.                                                                                                                     
                                                                                                                                
2:27:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  made a motion to  adopt Conceptual Amendment                                                               
1, to  delete from  SB 101 the  provisions that  address removing                                                               
references to the BIA.                                                                                                          
                                                                                                                                
MR.  CRAWFORD,  in  response  to  comments,  relayed  that  those                                                               
provisions  are located  in  Sections 25,  26, 28,  and  91.   In                                                               
response to  a question,  he said  he doesn't  know when  he will                                                               
hear back from the DEED.                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested that  if Mr. Crawford  gets a                                                               
response  from the  DEED  before SB  101 is  heard  on the  House                                                               
floor, then those provisions could be  added back in on the House                                                               
floor if the DEED still advocates for their inclusion.                                                                          
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Conceptual Amendment  1.  There being  none, Conceptual Amendment                                                               
1 was adopted.                                                                                                                  
                                                                                                                                
2:28:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to  report  CSSB  101(JUD),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  zero fiscal  note.   There being  no objection,                                                               
HCS CSSB 101(JUD) was reported  from the House Judiciary Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
SJR 12 - URGE VOTE ON US SUPREME COURT NOMINEES                                                                               
                                                                                                                                
2:29:00 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
CS  FOR  SENATE  JOINT  RESOLUTION NO.  12(JUD),  Requesting  the                                                               
United States Senate to move quickly  to a majority floor vote of                                                               
the United States  Senate on all nominations  by President George                                                               
W. Bush to the United States Supreme Court.                                                                                     
                                                                                                                                
2:29:06 PM                                                                                                                    
                                                                                                                                
DAVID STANCLIFF,  Staff to Senator Gene  Therriault, Alaska State                                                               
Legislature,  sponsor, relayed  on behalf  of Senator  Therriault                                                               
that the  original form of  the resolution sought  an expeditious                                                               
confirmation of  judges to  the U.S. Supreme  Court but  seemed a                                                               
bit  "too politically  flavored."   Therefore, CSSJR  12(JUD) now                                                               
simply asks the U.S. Senate for  an expeditious vote, up or down,                                                               
on judicial  nominees.   He explained  that although  there might                                                               
still be a  difference of opinion regarding some  of the language                                                               
used in CSSJR 12(JUD), such  as "dilatory tactics", that language                                                               
in   particular  was   intended  to   avoid  use   of  the   term                                                               
"filibuster".  He remarked:                                                                                                     
                                                                                                                                
     It's an  open policy call  as to whether or  not people                                                                    
     feel that those typical  procedures that have been used                                                                    
     are constitutional, what the  history is, and so forth.                                                                    
     I  think  the  resolution, overall,  before  you,  just                                                                    
     seeks to  get some final  ... action, up or  down, from                                                                    
     the [U.S.] Senate  on these judicial nominees.   And we                                                                    
     realize and  want to put  on the record that  our folks                                                                    
     back in Washington [D.C.] are  going to look at this in                                                                    
     various  ways and  use their  best  judgment on  what's                                                                    
     best for the state of  Alaska in the political process,                                                                    
     and  this in  no way,  shape, or  form is  to supersede                                                                    
     their judgment  whatsoever. ...  It's just  a statement                                                                    
     ... that people want to see the process move forward.                                                                      
                                                                                                                                
CHAIR  McGUIRE, after  ascertaining that  no one  else wished  to                                                               
testify, close public testimony on SJR 12.                                                                                      
                                                                                                                                
2:31:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  said   he  takes   great  offense   -                                                               
personally, as a member of the  democratic party, and as a former                                                               
staffer to  U.S. Senator Ted Stevens  - to terming what  the U.S.                                                               
Senators  have  done  with  regard  to  judicial  nominees  as  a                                                               
dilatory tactic.  He pointed  out that what has recently occurred                                                               
is  not the  same  thing as  using a  filibuster  to block  civil                                                               
rights or  similar issues.   Instead it  is merely an  attempt to                                                               
make  certain that  the people  who  are going  to have  lifetime                                                               
appointments to  the federal judicial  bench are the  best people                                                               
in the  sense that they are  not adopting a political  agenda but                                                               
rather  a  judicial approach  that  is  fair  and balanced.    He                                                               
offered his  understanding that  a filibuster  is similar  to the                                                               
three-quarters  vote required  to access  Alaska's Constitutional                                                               
Budget Reserve  Fund (CBRF) in  that it serves  as a check  and a                                                               
balance for the minority.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he cannot support  the resolution,                                                               
but  added that  it would  become more  palatable to  him if  the                                                               
"Whereas"  clause  on  page  2,  lines 2-4,  were  deleted.    He                                                               
remarked:                                                                                                                       
                                                                                                                                
     I don't have a problem  with working with the language,                                                                    
     here, but I do think  that language is political and it                                                                    
     does   inflame  the   situation,  and   I  would   call                                                                    
     [members']   ...  attention   to  [Mason's   Manual  of                                                                  
     Legislative  Procedure], Section  ...  760, which  says                                                                  
     that  we are  not to  comment on  what is  done in  the                                                                    
     other house  because the opinion  of each  house should                                                                    
     be independent and not influenced  by the proceeding of                                                                    
     the  other.   Now, the  U.S. Senate  is not  "the other                                                                    
     house," but the principle is  the same, that the Senate                                                                    
     of the  United States  and the Senate  of New  York and                                                                    
     the  Assembly  of  California  ...  all  conduct  their                                                                    
     business  independent of  the  Alaska  State House  [of                                                                    
     Representatives].   So I  think that  we should  not be                                                                    
     commenting on their rules of procedure there.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  therefore,  made a  motion  to  adopt                                                               
Amendment 1, to delete the language on page 2, lines 2-4.                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL  objected, adding that he  agrees with the                                                               
statement that  the tactics  being taken are  meant to  delay the                                                               
confirmations.   He said  he would like  to send  language saying                                                               
that  "those  tactics being  what  they  are," the  Alaska  State                                                               
Legislature  would  still like  the  confirmation  process to  go                                                               
forward.   Opining  that  it  is self  evident  that  there is  a                                                               
partisan debate  occurring in the  U.S. Senate, he said  he would                                                               
be  willing to  entertain  a  motion to  simply  strike the  word                                                               
"dilatory" from page 2, line 2.                                                                                                 
                                                                                                                                
2:36:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he would not  oppose that concept,                                                               
but  is wondering,  then,  whether  the aforementioned  "Whereas"                                                               
clause could also be rephrased.                                                                                                 
                                                                                                                                
REPRESENTATIVE  COGHILL  indicated  a  preference  for  including                                                               
language that  acknowledges that members  of the U.S.  Senate are                                                               
engaged in a tactical battle.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  remarked on the tactic  of not allowing                                                               
a filibuster.   He suggested  that what  is now occurring  in the                                                               
U.S. Senate could  serve as an object lesson to  the Alaska State                                                               
Legislature  - "it's  what happens  [when] ...  the parliamentary                                                               
war  escalates out  of  control."   He  said  he  won't hold  the                                                               
resolution  up but  thinks he  won't support  it, adding  that he                                                               
would like it  if they would at  least not go down the  road of a                                                               
"mini nuclear war" on this resolution  by keeping it as "nice" as                                                               
possible.                                                                                                                       
                                                                                                                                
CHAIR McGUIRE  referred to that as  a fair goal, adding  that she                                                               
would  agree  to   the  concept  of  either   removing  the  word                                                               
"dilatory" or  changing it to  "delay", characterizing  that term                                                               
as  objective.   She  opined  that  the "Whereas"  clause  itself                                                               
should be left in, though.                                                                                                      
                                                                                                                                
2:40:09 PM                                                                                                                    
                                                                                                                                
CHAIR  McGUIRE  noted  that  the   motion  of  whether  to  Adopt                                                               
Amendment 1 was still pending.                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether there  would be a  way to                                                               
rephrase the aforementioned  clause in a positive way,  to send a                                                               
message  that there  is  a  desire to  see  a  resolution to  the                                                               
current state of affairs regarding judicial nominees.                                                                           
                                                                                                                                
REPRESENTATIVE  COGHILL acknowledged  that both  sides are  using                                                               
certain  tactics,  and  offered   his  understanding  that  CSSJR
12(JUD)  is simply  charging  that the  filibuster  is a  tactic,                                                               
though the adjective "dilatory" is also being used.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested replacing  "dilatory tactics"                                                               
with "the rules of the Senate".                                                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL said  he does not know that  such a change                                                               
would result in a true statement.                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG opined that a  filibuster is part of the                                                               
rules of the Senate.                                                                                                            
                                                                                                                                
REPRESENTATIVE  COGHILL  mentioned  that  that  is  part  of  the                                                               
current debate in  the U.S. Senate, and he is  not sure that they                                                               
should enter into it.                                                                                                           
                                                                                                                                
2:41:51 PM                                                                                                                    
                                                                                                                                
MR.  STANCLIFF indicated  that the  sponsor would  be comfortable                                                               
with removing the word "dilatory".                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Amendment 1.                                                                                  
                                                                                                                                
REPRESENTATIVE GARA  sought confirmation that the  sponsor simply                                                               
does  not  like  the  actions  being taken  in  the  U.S.  Senate                                                               
regardless of [which political party] is doing it.                                                                              
                                                                                                                                
MR. STANCLIFF  said:  "The  process is  not working as  it should                                                               
with regard  to final  decisions by  the full  body of  the [U.S.                                                               
Senate]; the sponsor  wants to urge that to  happen regardless of                                                               
who's  controlling the  [U.S. Senate  or] who's  in front  of the                                                               
[U.S. Senate]."                                                                                                                 
                                                                                                                                
2:43:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA made  a motion  to adopt  [Amendment 2],  to                                                               
replace   "George  W.   Bush"  with   "any   President"  in   the                                                               
resolution's title.                                                                                                             
                                                                                                                                
REPRESENTATIVE  COGHILL  objected.   He  pointed  out that  CSSJR
12(JUD)  is being  sent to  the current  President and  that just                                                               
happens to  be George  W. Bush.   He  expressed a  preference for                                                               
keeping the name of the current President in the resolution.                                                                    
                                                                                                                                
CHAIR  McGUIRE noted  that should  similar problems  occur for  a                                                               
future President,  members of this  legislature would be  free to                                                               
draft another  resolution on the  same issue.  She  remarked that                                                               
one of the  points of CSSJR 12(JUD)  is to get it  to the current                                                               
President, George W. Bush.                                                                                                      
                                                                                                                                
REPRESENTATIVE  GARA pointed  out that  an advantage  of changing                                                               
the language in CSSJR 12(JUD)  to "any President" is that another                                                               
resolution on this issue wouldn't have to be sent.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested simply  adding to  the title,                                                               
after  the name,  "George W.  Bush",  the words,  "and any  other                                                               
President".                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GARA said  he would  accept  such a  change as  a                                                               
friendly amendment to  Amendment 2.  [Amendment 2  was treated as                                                               
amended.]                                                                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL indicated  that he  would be  maintaining                                                               
his objection.                                                                                                                  
                                                                                                                                
2:46:27 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Gruenberg and Gara                                                               
voted  in favor  of  Amendment 2,  as  amended.   Representatives                                                               
McGuire,  Coghill,   Kott,  and   Dahlstrom  voted   against  it.                                                               
Therefore, Amendment 2, as amended, failed by a vote of 2-4.                                                                    
                                                                                                                                
REPRESENTATIVE GARA made  motion to adopt Amendment  3, to delete                                                               
from page  2, line 7, "President  George W. Bush" and  insert the                                                               
words, "any  President".  He  offered his understanding  that the                                                               
testimony has indicated  that they do not want  the resolution to                                                               
be either  political-party- or  President-specific.   Amendment 3                                                               
would  then result  in  a resolution  that said  in  part:   "the                                                               
Alaska  State Legislature  requests the  United States  Senate to                                                               
move  quickly to  a  majority  floor vote  of  the United  States                                                               
Senate on all  nominations by any President to  the United States                                                               
Supreme Court".                                                                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL and CHAIR McGUIRE objected.                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL   indicated  that  because   the  current                                                               
situation regarding judicial nominees  is specific to the current                                                               
President, the current U.S. Senate,  and the current nominees, it                                                               
would not be worthwhile to send a generic resolution.                                                                           
                                                                                                                                
REPRESENTATIVE GARA characterized that as  a fair point.  He also                                                               
went on to say:                                                                                                                 
                                                                                                                                
     I  think  it's  a  fair   point  to  say,  "This  is  a                                                                    
     resolution:  nobody's going to  read it, it's not going                                                                    
     to have  a hoot  of impact in  Congress, and  all we're                                                                    
     doing  with  this  resolution is  offending  a  certain                                                                    
     number of members of the  legislature, perhaps just for                                                                    
     a sound bite."   And if we're going to  go through this                                                                    
     process of  offending a certain number  of legislators,                                                                    
     then I  think I, on  behalf of those  legislators, have                                                                    
     every obligation  to try and make  this [resolution] as                                                                    
     neutral as possible so [that]  we can sort of avoid the                                                                    
     acrimony  ... that  we could  otherwise have  this last                                                                    
     week  and a  half for  something that's  just not  that                                                                    
     important.                                                                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL  opined that  the resolution is  not meant                                                               
to give offense; rather  it is meant to speak to  a topic that is                                                               
being hotly debated  in Congress at this time, a  topic that many                                                               
legislators feel  strongly about.   So  although the  language in                                                               
the resolution will fall along party  lines, it is not meant with                                                               
disrespect, he added.                                                                                                           
                                                                                                                                
2:49:24 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Gruenberg and Gara                                                               
voted  in  favor  of  Amendment   3.    Representatives  McGuire,                                                               
Coghill,  Kott,  and  Dahlstrom voted  against  it.    Therefore,                                                               
Amendment 3 failed by a vote of 2-4.                                                                                            
                                                                                                                                
2:49:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA made  motion to adopt Amendment  4, to delete                                                               
the  language beginning  on  page  1, line  15,  through page  2,                                                               
line 1.  He said:                                                                                                               
                                                                                                                                
     I   certainly  understand   those   who  believe   that                                                                    
     President [George W. Bush]  has expressed a commitment,                                                                    
     as it  says here,  to appoint  federal judges  who will                                                                    
     strictly interpret the  United States Constitution, and                                                                    
     people  are  free  to express  their  opinion  in  that                                                                    
     regard.  My belief is  that this President is trying to                                                                    
     appoint federal  judges who will support  his political                                                                    
     agenda, and so  I guess I disagree  with this statement                                                                    
     - I'd like it taken out of the resolution.                                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL objected.  He remarked:                                                                                  
                                                                                                                                
     There has  been a political  litmus test put  on judges                                                                    
     so  long, that  when  somebody is  called  upon to  ...                                                                    
     follow   the   [U.S.]    Constitution   in   a   strict                                                                    
     constructionist manner, that it's  not even accepted in                                                                    
     our society today.  So I strongly object.                                                                                  
                                                                                                                                
REPRESENTATIVE GARA said  that if one looks  at judges' opinions,                                                               
those with  extreme politics all  are activists,  actively trying                                                               
to push  their own agendas,  and therefore  he is not  willing to                                                               
pass a  resolution that appears  to sort  of cast his  favor upon                                                               
judicial nominees whom  he doesn't know, whose  records he hasn't                                                               
reviewed.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL acknowledged  that he  and Representative                                                               
Gara were probably not going to agree on this issue.                                                                            
                                                                                                                                
2:51:34 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Gruenberg and Gara                                                               
voted  in  favor  of  Amendment   4.    Representatives  McGuire,                                                               
Coghill,  Kott,  and  Dahlstrom voted  against  it.    Therefore,                                                               
Amendment 4 failed by a vote of 2-4.                                                                                            
                                                                                                                                
2:51:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  remarked  that  recent  news  articles                                                               
written by  U.S. Senator Lisa  Murkowski indicate that  she feels                                                               
that  certain groups  are attempting  to put  pressure on  her to                                                               
vote  a  certain  way  with  regard  to  the  issues  surrounding                                                               
President George W.  Bush's judicial nominees and  that she feels                                                               
that this  is inappropriate.   He said  he agrees  that political                                                               
pressure should  not be put on  any U.S. Senator in  this manner.                                                               
Therefore, he opined, they should  not send CSSJR 12(JUD) to U.S.                                                               
Senator Lisa Murkowski  because it could be viewed  as an attempt                                                               
to put just that kind of pressure on her.                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG made  a motion to adopt  Amendment 5, to                                                               
delete U.S.  Senator Lisa  Murkowski from the  list of  those who                                                               
would be receiving copies of the resolution.                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL objected.                                                                                                
                                                                                                                                
MR.  STANCLIFF  relayed  that  the  sponsor  has  contacted  U.S.                                                               
Senator  Lisa Murkowski  and  is  of the  belief  that she,  too,                                                               
desires  that  a  full,  expeditious   process  occur  though  is                                                               
reserving the right to make up  her own mind on the issues placed                                                               
before her.                                                                                                                     
                                                                                                                                
2:54:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  inquired  whether  U.S.  Senator  Lisa                                                               
Murkowski was  specifically asked  whether she would  view [CSSJR
12(JUD)] as undue pressure.                                                                                                     
                                                                                                                                
MR. STANCLIFF  said she  was and  offered his  understanding that                                                               
her response was that she did not view it as undue pressure.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Amendment 5.                                                                                  
                                                                                                                                
CHAIR McGUIRE  indicated a desire  to include a  "Whereas" clause                                                               
that  expresses  the  Alaska   State  Legislature's  respect  for                                                               
Alaska's   delegates'  decisions   regarding  how   they  support                                                               
judicial nominees coming to a vote.                                                                                             
                                                                                                                                
MR.  STANCLIFF   opined  that  inserting  such   a  clause  would                                                               
constitute an appropriate conceptual amendment.                                                                                 
                                                                                                                                
CHAIR  McGUIRE said  she  would  not want  someone  to use  CSSJR
12(JUD) as a means of embarrassing U.S. Senator Lisa Murkowski.                                                                 
                                                                                                                                
2:56:30 PM2:56:31 PM                                                                                                          
                                                                                                                                
CHAIR  McGUIRE  made  a  motion   to  adopt  a  [new]  Conceptual                                                               
Amendment  5, to  add a  "Whereas"  clause that  says the  Alaska                                                               
State  Legislature  respects  Alaska's  delegation's  "individual                                                               
decisions about how it is that  they will encourage an up or down                                                               
vote on these judicial nominations."                                                                                            
                                                                                                                                
REPRESENTATIVE  COGHILL  objected.   He  opined  that those  that                                                               
receive resolutions  such as CSSJR  12(JUD) will  probably really                                                               
just be looking  at the "Be it resolved"  clause, which currently                                                               
requests  the U.S.  Senate to  move quickly  to a  majority floor                                                               
vote.  Therefore,  he does not think anyone would  be using CSSJR
12(JUD)  as  a  tool  to embarrass  one  of  Alaska's  delegation                                                               
members.  He offered his belief  that such a clause will make the                                                               
Alaska  State  Legislature  look  less resolved,  and  that  such                                                               
language is not needed.                                                                                                         
                                                                                                                                
CHAIR McGUIRE  made mention  of recent  political advertisements,                                                               
and  opined that  a simple  clause saying  that the  Alaska State                                                               
Legislature  supports  and  respects  the  state's  congressional                                                               
delegation is in order.                                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL removed his objection.                                                                                   
                                                                                                                                
CHAIR McGUIRE asked whether there  were any further objections to                                                               
new Conceptual  Amendment 5.   There  being none,  new Conceptual                                                               
Amendment 5 was adopted.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GARA  made a  motion  to  adopt Amendment  6,  to                                                               
delete the words  "move quickly" from the two places  in the bill                                                               
where it  occurs and  insert the words  "move thoughtfully".   He                                                               
added,  "I  don't  think  that   ...  it's  the  [U.S.]  Senate's                                                               
constitutional  role to  rubberstamp  a  President's nominees;  I                                                               
think it's  their role  to advise  and consent  and I  think that                                                               
involves thoughtful deliberation, not just quick deliberation."                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL objected.  He  said, "We want them to move                                                               
quickly, and  to assume that  they wouldn't move  thoughtfully, I                                                               
think, is disrespectful."                                                                                                       
                                                                                                                                
CHAIR  McGUIRE suggested  changing the  language in  the bill  to                                                               
read, "move quickly and deliberately".                                                                                          
                                                                                                                                
REPRESENTATIVE  GARA said  he didn't  think  that language  would                                                               
address his concern.                                                                                                            
                                                                                                                                
CHAIR  McGUIRE  said  she  would  echo  Representative  Coghill's                                                               
comments, adding  her belief  that adequate  time has  passed for                                                               
U.S. Senate  members to consider  the nominees in question.   She                                                               
expressed her  hope that in  acting quickly, U.S.  Senate members                                                               
would also be deliberate and thoughtful.                                                                                        
                                                                                                                                
3:01:33 PM                                                                                                                    
                                                                                                                                
MR. STANCLIFF remarked:                                                                                                         
                                                                                                                                
     I think  that there is  a sense of urgency  that's been                                                                    
     created  because  of the  holdups  that  have gone  on.                                                                    
     It's a  procedure that has  been used  very effectively                                                                    
     to create  that push back, and  so there is a  sense of                                                                    
     urgency.   And  "quickly" isn't  perhaps a  very artful                                                                    
     term; if there were to  be some compromise, it might be                                                                    
     "responsibly" or something like that.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG asked  whether Representative Gara would                                                               
be amenable to changing the  words being inserted via Amendment 6                                                               
to, "responsibly".                                                                                                              
                                                                                                                                
REPRESENTATIVE  GARA  offered his  belief  that  the U.S.  Senate                                                               
should move "thoughtfully".                                                                                                     
                                                                                                                                
REPRESENTATIVE    GRUENBERG,    noting   that    the    sponsor's                                                               
representative has  indicated that the sponsor  would be amenable                                                               
to  changing  the  word  "quickly"  to  the  word  "responsibly",                                                               
relayed that  changing the  language in that  fashion would  go a                                                               
long way towards garnering his support for the resolution.                                                                      
                                                                                                                                
3:03:02 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Gruenberg and Gara                                                               
voted  in  favor  of  Amendment   6.    Representatives  McGuire,                                                               
Coghill,  Kott,  and  Dahlstrom voted  against  it.    Therefore,                                                               
Amendment 6 failed by a vote of 2-4.                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG made  a motion to adopt  Amendment 7, to                                                               
replace  on page  1, line  1, and  on page  2, line  6, the  word                                                               
"quickly" with the word "responsibly".                                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL opined  that  asking the  U.S. Senate  to                                                               
move quickly  is not  asking that  they not  be deliberate.   The                                                               
delay  has been  significant, and  the word  "quick" conveys  the                                                               
message he wishes to send, he concluded.                                                                                        
                                                                                                                                
REPRESENTATIVE   GRUENBERG  opined   that   "responsibly"  is   a                                                               
dignified  term, and  reiterated  his understanding  that such  a                                                               
change would be supported by the sponsor.                                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL said he still objects to Amendment 7.                                                                    
                                                                                                                                
REPRESENTATIVE   DAHLSTROM  said   she   tends   to  agree   with                                                               
Representative Coghill's comments.                                                                                              
                                                                                                                                
3:05:13 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Gruenberg and Gara                                                               
voted  in  favor  of  Amendment   7.    Representatives  McGuire,                                                               
Coghill,  Kott,  and  Dahlstrom voted  against  it.    Therefore,                                                               
Amendment 7 failed by a vote of 2-4.                                                                                            
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to  report  CSSJR  12(JUD),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying fiscal note.                                                                                                   
                                                                                                                                
REPRESENTATIVE GARA objected.  He said:                                                                                         
                                                                                                                                
     I  suppose all  of us,  at  some point,  are guilty  of                                                                    
     being  partisan, [but]  I find  the resolution  [to be]                                                                    
     over the  top.  I don't  think that it's going  to have                                                                    
     any benefit  of any sort  and it's only going  to cause                                                                    
     damage.  And if we're going  to go down this road, soon                                                                    
     we're  going   to  have  resolutions  ...   asking  the                                                                    
     President  to  reverse  his  decision  to  cut  certain                                                                    
     veterans'  benefits,  and  things   like  that  -  also                                                                    
     resolutions that  will have no  impact whatsoever.   It                                                                    
     just  invites more  resolutions  like this  and I  just                                                                    
     don't think it's  a good road to go down.   And I would                                                                    
     just  finally note  that if  we're really  going to  be                                                                    
     fair about this,  we would spend a lot of  time in this                                                                    
     resolution   talking  about   how  the   [U.S.]  Senate                                                                    
     republicans stood  in the way  of so many  of President                                                                    
     Clinton's  nominees,   not  through  the  use   of  the                                                                    
     filibuster  but through,  still,  a very  unprecedented                                                                    
     use of  their advise and  consent power, also  to block                                                                    
     judicial nominees.   And, frankly, sort  of what's good                                                                    
     for the  goose is good  for the gander, and  what's bad                                                                    
     for the goose is bad for the gander.                                                                                       
                                                                                                                                
REPRESENTATIVE GARA then withdrew his objection to the motion.                                                                  
                                                                                                                                
CHAIR McGUIRE announced that HCS  CSSJR 12(JUD) was reported from                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
SB 154 - JUVENILE DELINQUENCY PROCEEDINGS                                                                                     
                                                                                                                                
3:07:34 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  final order of  business would                                                               
be  CS FOR  SENATE BILL  NO. 154(JUD),  "An Act  relating to  the                                                               
jurisdiction for  proceedings relating  to delinquent  minors and                                                               
to telephonic  and televised participation in  those proceedings;                                                               
amending Rules 2, 3, 4, 8, 12, 13,  14, 15, 16, 21, 22, 23, 24.1,                                                               
and 25, Alaska Delinquency Rules;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
3:07:53 PM                                                                                                                    
                                                                                                                                
HEATHER BRAKES,  Staff to Senator  Gene Therriault,  Senate State                                                               
Affairs  Standing Committee,  Alaska State  Legislature, sponsor,                                                               
relayed on  behalf of  Senator Therriault  that SB  154 addresses                                                               
two  concerns of  the juvenile  justice system  (JJS) in  Alaska.                                                               
First,  it   improves  the  state's  ability   to  hold  juvenile                                                               
offenders  accountable   for  their  conduct,  and,   second,  it                                                               
increases  the  efficiency  of the  JJS  by  allowing  telephonic                                                               
hearings  in certain  court proceedings.    Specifically, SB  154                                                               
addresses  the  loophole in  Alaska  statutes  that allows  young                                                               
offenders to  avoid prosecution if their  role in a crime  is not                                                               
discovered, or  charges have  not been  brought, until  after the                                                               
offender becomes 18 years of age.                                                                                               
                                                                                                                                
MS. BRAKES  relayed that currently,  when a person under  the age                                                               
of 18  commits a delinquent act,  the JJS is responsible  for the                                                               
matter, but  when a person [18  years of age or  older] commits a                                                               
crime, the adult criminal system  is responsible for prosecution.                                                               
Recent court  decisions have  highlighted the  following loophole                                                               
in the  law:  when a  youth commits a delinquent  act while under                                                               
the age of 18 but this  fact is not discovered or the proceedings                                                               
aren't  filed  until the  person  reaches  the  age of  18,  then                                                               
neither the adult justice system  nor the juvenile justice system                                                               
has  clear jurisdiction.   She  mentioned  that members'  packets                                                               
contain  copies  of  recent Alaska  Superior  Court  cases  which                                                               
illustrate the aforementioned problem.                                                                                          
                                                                                                                                
MS. BRAKES  said that SB  154 proposes to address  this loophole,                                                               
and  thereby allow  offenders to  be held  accountable for  their                                                               
actions, by  providing that the  delinquent minor  statutes apply                                                               
to persons who  commit a crime while  under the age of  18 if the                                                               
[statute] of limitation  for the crime has not  expired.  Without                                                               
this  change, she  concluded, the  State has  no ability  to hold                                                               
perpetrators  accountable for  their  behavior,  because a  clear                                                               
legal jurisdiction would not have been established.                                                                             
                                                                                                                                
MS. BRAKES  offered that the second  aspect of SB 154  will allow                                                               
the  State to  more  cost-effectively  manage juvenile  offenders                                                               
while continuing  to ensure  that their  rights to  fair hearings                                                               
and due  process are  maintained, reiterating  that this  will be                                                               
accomplished  via   allowing  for  telephonic   participation  in                                                               
certain court proceedings.                                                                                                      
                                                                                                                                
3:10:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   COGHILL,   with   regard   to   the   telephonic                                                               
participation provisions, asked what  protections are in place to                                                               
ensure  that  juveniles  are not  being  intimidated  during  the                                                               
aforementioned proceedings.                                                                                                     
                                                                                                                                
MS.  BRAKES  suggested  that  the director  of  the  Division  of                                                               
Juvenile Justice  (DJJ) could better  address that  question, but                                                               
offered her  understanding that  it will  be up  to the  court to                                                               
decide if/when  it is  in the  best interest  of the  juvenile to                                                               
appear telephonically.                                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL noted that  intimidation can go both ways,                                                               
and  that  one  can't  see  what is  actually  going  on  at  the                                                               
juvenile's location.   He asked  how the court would  view things                                                               
it can hear but not see.                                                                                                        
                                                                                                                                
3:12:24 PM                                                                                                                    
                                                                                                                                
PATTY  WARE,  Director,  Division   of  Juvenile  Justice  (DJJ),                                                               
Department  of Health  & Social  Services (DHSS),  concurred that                                                               
the  decision  of  if/when  a   juvenile  can  participate  in  a                                                               
proceeding telephonically will be made  by the judge, and offered                                                               
her understanding that there will  probably be very few instances                                                               
in which telephonic participation will  be utilized.  She went on                                                               
to note  that Section 9 specifies  that a juvenile has  the right                                                               
to   be  physically   present   for  arraignment,   adjudication,                                                               
disposition,  probation  revocation, extension  of  jurisdiction,                                                               
and waiver  of jurisdiction hearings.   Under SB  154, telephonic                                                               
participation would be allowed in  instances where the juvenile's                                                               
personal appearance is  not essential to the  fair disposition of                                                               
the matter,  such as status  review hearings or  detention review                                                               
hearings; in  such hearings,  both parties  have agreed  ahead of                                                               
time as to what will occur.   The DJJ is currently spending a few                                                               
hundred thousand  dollars a year  transporting juveniles  to such                                                               
hearings.  Again, she assured  the committee, the proposed change                                                               
will  leave  it  to  the judge's  discretion  whether  telephonic                                                               
participation would be an option in a particular instance.                                                                      
                                                                                                                                
REPRESENTATIVE   COGHILL    surmised,   then,    that   juveniles                                                               
participating telephonically  will either  be in custody  or with                                                               
counsel.                                                                                                                        
                                                                                                                                
MS. WARE concurred.                                                                                                             
                                                                                                                                
3:14:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   referred  to   page  6,  line   23  -                                                               
specifically   the  language,   "not   essential   to  the   fair                                                               
disposition  of  the  matter"  -  and said  he  would  feel  more                                                               
comfortable if the words, "or  unfair to the juvenile" were added                                                               
after the word "matter".                                                                                                        
                                                                                                                                
MS. WARE said she would not have a problem with such a change.                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that Dean Guaneli,  Department of                                                               
Law (DOL), was nodding.                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment 1, to add  to page 6, line 23, the  words "or unfair to                                                               
the juvenile" after the words "of the matter".                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL  objected for  the purpose  of discussion.                                                               
He  surmised  that the  rights  of  the  juvenile will  still  be                                                               
preserved even without the additional language.                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  opined that there may  be situations in                                                               
which  it is  essential  for the  juvenile  to have  face-to-face                                                               
communication.                                                                                                                  
                                                                                                                                
3:19:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL  pointed out, though, that  in such cases,                                                               
that very  argument will be made  by the juvenile's counsel.   He                                                               
opined  that inclusion  of the  word "or"  will tend  to diminish                                                               
[the  judge's]   flexibility,  and,  again,  that   the  original                                                               
language already provides for fairness.                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked whether  Representative  Coghill                                                               
would  be  amenable to  having  the  language instead  say,  "not                                                               
essential to  the fair  disposition of the  matter and  unfair to                                                               
the juvenile".   [Although no formal motion  was made, Conceptual                                                               
Amendment 1 was later treated as amended.]                                                                                      
                                                                                                                                
CHAIR McGUIRE  surmised that by  definition the juvenile  will be                                                               
taken  into consideration,  since the  disposition of  the matter                                                               
will directly affect the juvenile.                                                                                              
                                                                                                                                
3:21:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out, however, that  there might                                                               
still  be  instances  in  which  it is  in  the  juvenile's  best                                                               
interest to participate in the proceedings "face to face."                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL clarified  that his  concern is  that the                                                               
word "or" could  create complications.  He indicated  that use of                                                               
the  word  "and" would  alleviate  his  concern, though  he  does                                                               
consider the language being added to  be extra language.  He then                                                               
removed his objection to the motion.                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG clarified  that Conceptual  Amendment 1                                                               
[as amended]  will add, "and  unfair to the juvenile",  after the                                                               
words, "not essential to the fair disposition of the matter".                                                                   
                                                                                                                                
CHAIR McGUIRE asked whether there  were any further objections to                                                               
Amendment  1   [as  amended].    There   being  none,  Conceptual                                                               
Amendment 1, as amended, was adopted.                                                                                           
                                                                                                                                
3:23:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAHLSTROM  characterized   the  bill   as  good,                                                               
surmising  that  it  takes  into   consideration  both  the  best                                                               
interest of  the juvenile  and the uniqueness  of the  state, and                                                               
will allow the JJS to achieve more.                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL  asked what the  procedure will be  when a                                                               
perpetrator who has  reached the age of majority  is charged with                                                               
a crime he/she committed as a minor.                                                                                            
                                                                                                                                
MS. WARE  said that depending on  the seriousness of the  crime -                                                               
for  example,  if the  crime  committed  was  one for  which  the                                                               
juvenile could have  been waived into the adult  justice system -                                                               
the rules governing the adult justice system would apply.                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL surmised,  then,  that  the person  would                                                               
have all the rights of an adult.                                                                                                
                                                                                                                                
MS. WARE concurred,  adding that the case would be  handled as an                                                               
adult case.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG   asked  whether  either  of   the  two                                                               
aforementioned cases provided in  members' packets were appealed,                                                               
and, if so, what the results were.                                                                                              
                                                                                                                                
MS. WARE offered to research that issue.                                                                                        
                                                                                                                                
CHAIR  McGUIRE, after  ascertaining that  no one  else wished  to                                                               
testify, closed public testimony on SB 154.                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  asked whether the Office  of Public Advocacy                                                               
(OPA) has any concerns with the bill.                                                                                           
                                                                                                                                
3:29:34 PM                                                                                                                    
                                                                                                                                
JOSHUA FINK, Public Advocate, Anchorage  Office, Office of Public                                                               
Advocacy  (OPA), Department  of Administration  (DOA), said  that                                                               
the  OPA does  not  have  an official  position  on  SB 154,  but                                                               
offered  his understanding  that  under the  bill, in  situations                                                               
involving  detention  reviews,  even  if the  juvenile  asked  to                                                               
participate in  person, the  court could  still disallow  it, and                                                               
this is of concern to the OPA.   He also suggested that Section 1                                                               
of the  bill could  open the  door to  what he  called "recovered                                                               
memory" prosecutions.                                                                                                           
                                                                                                                                
MS. WARE  acknowledged the latter  point, but surmised  that such                                                               
cases would be "extreme outliers."   The intent of the bill is to                                                               
improve public safety  in the state, particularly  with regard to                                                               
sexual abuse of a minor cases  wherein the state currently has no                                                               
ability  to hold  perpetrators accountable  under either  justice                                                               
system.  This inability is simply unacceptable, she remarked.                                                                   
                                                                                                                                
MS. WARE,  in response to  questions, said that although  a whole                                                               
range of issues  was thoroughly considered in  drafting the bill,                                                               
neither  the  Public  Defender  Agency (PDA)  nor  the  OPA  were                                                               
specifically asked for input.                                                                                                   
                                                                                                                                
3:34:11 PM                                                                                                                    
                                                                                                                                
DEAN  J.   GUANELI,  Chief  Assistant  Attorney   General,  Legal                                                               
Services  Section-Juneau, Criminal  Division,  Department of  Law                                                               
(DOL),  noted  that  a  number  of  years  ago,  the  statute  of                                                               
limitations  regarding  serious   sex  offenses  was  essentially                                                               
removed,  and  the bill  makes  the  statutes regarding  juvenile                                                               
offenders of  such crimes consistent with  the statutes regarding                                                               
similar adult offenders.  Whether the  JJS is going to be able to                                                               
effectively  deal  with  such  offenders   remains  to  be  seen;                                                               
nevertheless,  he  opined,   there  ought  to  be   some  way  of                                                               
addressing such  situations, and  the rules should  be consistent                                                               
with those  pertaining to adults.   With  regard to the  issue of                                                               
detention reviews,  he noted that  in most detention  reviews the                                                               
juvenile offender  never gets  on the stand  and isn't  likely to                                                               
provide any  additional information pertinent to  the proceeding,                                                               
that such proceedings  are not something that  the juvenile needs                                                               
to be present for.   And if that is not the  case in a particular                                                               
situation, he predicted, the judge  will allow the juvenile to be                                                               
present in person.                                                                                                              
                                                                                                                                
CHAIR  McGUIRE opined  that Conceptual  Amendment 1,  as amended,                                                               
will  clarify  the  court's  duty  to  ensure  fairness  for  the                                                               
juvenile offender.                                                                                                              
                                                                                                                                
3:37:49 PM                                                                                                                    
                                                                                                                                
MS.  WARE,  notwithstanding  her   earlier  remark,  offered  her                                                               
understanding  that  after hearing  concerns  from  the PDA,  the                                                               
Senate Judiciary Standing Committee  changed the bill with regard                                                               
to [certain types of] hearings.                                                                                                 
                                                                                                                                
REPRESENTATIVE GARA  asked why  he should  not be  concerned that                                                               
the bill will increase costs for [the OPA and the PDA].                                                                         
                                                                                                                                
MS.  WARE offered  her  understanding that  that  issue was  also                                                               
discussed in  Senate Judiciary Standing Committee  and the answer                                                               
from the  PDA was  that the  PDA would not  be spending  money to                                                               
send  a  public  defender  to  be  physically  present  with  the                                                               
juvenile   offender  in   situations   where   the  juvenile   is                                                               
participating  telephonically.    She  attempted  to  assure  the                                                               
committee that it  is not the DHSS's intent to  transfer costs to                                                               
another  entity such  as the  PDA or  the OPA,  and that  the DJJ                                                               
would  not be  requesting a  telephonic hearing  if there  is any                                                               
contested  issue.   The intent  of  the telephonic  participation                                                               
provisions is  to instead provide  a mechanism whereby  the judge                                                               
can  make   a  determination   regarding  whether   a  particular                                                               
circumstance warrants participation in person.                                                                                  
                                                                                                                                
REPRESENTATIVE GARA  asked whether  the provision would  apply to                                                               
"trial call" as well.                                                                                                           
                                                                                                                                
3:40:27 PM                                                                                                                    
                                                                                                                                
MR. GUANELI offered  his understanding that a  "trial call" would                                                               
be precisely the  type of proceeding in which  the juvenile would                                                               
not necessarily need  to be present.  He again  predicted that in                                                               
the  rare case  of  a juvenile's  presence  being necessary,  the                                                               
judge will order it.                                                                                                            
                                                                                                                                
REPRESENTATIVE  GARA  said his  concern  is  that the  telephonic                                                               
participation  provisions will  result  in  public advocates  and                                                               
public defenders  not getting  adequate time  to meet  with their                                                               
clients without spending scarce resources.                                                                                      
                                                                                                                                
MR. GUANELI  opined that  it is not  the DJJ's  responsibility to                                                               
transport clients to court simply to  ensure that the OPA and the                                                               
PDA  get  adequate  time  with   their  clients.    Rather,  such                                                               
responsibility  falls  to the  OPA  and  the  PDA, and,  yes,  he                                                               
acknowledged, that  might involve  the public advocate  or public                                                               
defender having to  travel to where the client is  in cases where                                                               
the client isn't being transported to court by the DJJ.                                                                         
                                                                                                                                
3:44:15 PM                                                                                                                    
                                                                                                                                
MR. GUANELI, in response to  a question regarding delayed trials,                                                               
opined that  regardless of the  reason for the delay,  there will                                                               
be cases where  an adult offender of a delinquent  offense is not                                                               
immediately brought to trial, and  so the department will have to                                                               
decide whether it  really wants to pursue the  matter or whether,                                                               
in  some situations,  adequate legal  recourse  is already  being                                                               
pursued  elsewhere.    The flexibility  to  pursue  such  matters                                                               
should be given to the  [department], he concluded, regardless of                                                               
the age of the adult offender of a delinquent offense.                                                                          
                                                                                                                                
MS. WARE  concurred that according  to Section 7,  the department                                                               
would  not  be  limited  to dealing  only  with  juvenile-offense                                                               
perpetrators of  a certain age.   She pointed out that  it is not                                                               
the DJJ's  intention to be  using juvenile probation  officers or                                                               
juvenile  correctional facilities  to  handle the  aforementioned                                                               
adults.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG asked,  then, whether conforming changes                                                               
to  the  adult offender  statutes  would  be necessary  to  allow                                                               
Department  of  Corrections  (DOC)   personnel  to  handle  those                                                               
adults.                                                                                                                         
                                                                                                                                
MS. WARE said no.                                                                                                               
                                                                                                                                
3:49:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA made  a  motion to  adopt  Amendment [2],  a                                                               
handwritten amendment  which, with handwritten  corrections, read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Insert@ p. 6                                                                                                               
                                                                                                                                
          line 23 after "matter" as follows                                                                                     
                                                                                                                                
         "and personal contact between counsel and the                                                                          
     juvenile are not needed for case presentation."                                                                            
                                                                                                                                
CHAIR McGUIRE objected for the  purpose of discussion.  She asked                                                               
whether the DJJ objected to [Amendment 2].                                                                                      
                                                                                                                                
MS. WARE, noting that it will still  be up to the judge to decide                                                               
whether to  allow telephonic participation, said  that [Amendment                                                               
2] is acceptable.                                                                                                               
                                                                                                                                
CHAIR McGUIRE,  noting that Conceptual  Amendment 1,  as amended,                                                               
has already been adopted, made a  motion to amend Amendment 2, to                                                               
add  the words,  "and personal  contact between  counsel and  the                                                               
juvenile are not  needed for case presentation",  after the newly                                                               
added words, "and unfair to the juvenile".                                                                                      
                                                                                                                                
REPRESENTATIVE GARA indicated a  willingness to allow the drafter                                                               
leeway   to  insert   the  wording   from   both  amendments   as                                                               
appropriate.  [Amendment 2 was  treated as amended with regard to                                                               
location of insertion.]                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out that in  the language being                                                               
added via Amendment 2 [as amended],  the phrase should be "is not                                                               
needed".                                                                                                                        
                                                                                                                                
REPRESENTATIVE GARA  indicated a  willingness to  amend Amendment                                                               
2, as amended,  with regard to the word, "is".   [Amendment 2, as                                                               
amended, was again treated as amended.]                                                                                         
                                                                                                                                
CHAIR McGUIRE  removed her objection  to Amendment 2  [as amended                                                               
twice],  and asked  whether there  were  any further  objections.                                                               
There being no objection, Amendment 2, as amended, was adopted.                                                                 
                                                                                                                                
3:51:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to  report  CSSB  154(JUD),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There  being no  objection, HCS                                                               
CSSB 154(JUD) was reported from the House Judiciary Standing                                                                    
Committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The House Judiciary Standing Committee was recessed at 3:52 p.m.                                                                
to a call of the chair.  [The meeting was never reconvened.]                                                                    

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