Legislature(2019 - 2020)GRUENBERG 120
03/22/2019 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: Select Committee on Legislative Ethics | |
| HB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 49 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 22, 2019
1:35 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chuck Kopp
Representative Adam Wool
Representative David Eastman
MEMBERS ABSENT
Representative Louise Stutes
Representative Laddie Shaw
COMMITTEE CALENDAR
CONFIRMATION HEARING: SELECT COMMITTEE ON LEGISLATIVE ETHICS
- HEARD
HOUSE BILL NO. 49
"An Act relating to criminal law and procedure; relating to
controlled substances; relating to probation; relating to
sentencing; relating to reports of involuntary commitment;
amending Rule 6, Alaska Rules of Criminal Procedure; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 49
SHORT TITLE: CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) JUD, FIN
03/22/19 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
H. CONNER THOMAS
Nome, Alaska
POSITION STATEMENT: Testified during his confirmation hearing.
ACTION NARRATIVE
1:35:30 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:35 p.m. Representatives LeDoux, Wool,
Kopp, and Claman were present at the call to order.
Representative Eastman arrived as the meeting was in progress.
^Confirmation Hearing: Select Committee on Legislative Ethics
Confirmation Hearing: Select Committee on Legislative Ethics
1:36:16 PM
CHAIR CLAMAN announced that the first order of business would be
a confirmation hearing for Chief Justice Joel H. Bolger's
appointment to a public seat on the Select Committee of
Legislative Ethics, H. Conner Thomas.
1:36:36 PM
CHAIR CLAMAN opened public testimony on Mr. Thomass
appointment.
1:36:56 PM
H. CONNER THOMAS, said he has lived in Nome, where he practices
law, for 40 years. He said he has served on the Select
Committee on Legislative Ethics since 1999 and would like to
serve another term. He said he has enjoyed his time on the
committee and believes it to be important work.
1:38:33 PM
REPRESENTATIVE EASTMAN asked for Mr. Thomass opinion on the
ideal mix of lawyers and non-lawyers on the committee.
1:38:56 PM
MR. THOMAS said it was important to have a mix though he could
not offer a formula for the ideal mix. He praised the broader
perspective brought to the debate by the committee's non-lawyer
members. He said he felt the current mix two attorneys and
three non-attorneys - is good.
1:40:05 PM
REPRESENTATIVE EASTMAN asked about changes over Mr. Thomass
tenure in the speed at which complaints are handled by the
committee. He asked Mr. Thomass opinion on the matter and
whether he felt the process should be sped up or slowed down.
1:40:38 PM
CHAIR CLAMAN noted Mr. Thomas need not answer any questions
about potential statutory changes.
1:41:01 PM
MR. THOMAS said there have been times when the committee has
been slower than it should be. He attributed this slowness to
staffing issues. He said there was at least one full
legislative session during which the committee was not full,
which he said made it difficult to comply with the committees
statutory requirements. He added it can periodically be
difficult for the committee to assemble because some members are
legislators. He noted that in-person meetings are required to
deliberate complaints. He said he did not recommend any
particular changes.
1:42:59 PM
REPRESENTATIVE EASTMAN referenced Chief Justice Bolger's letter
of appointment in which the Chief Justice noted that no one
applied last year to serve on the committee as an alternate
public member. He asked why the committee is finding it
difficult to fill that vacancy.
CHAIR CLAMAN said he would not allow that question. He said Mr.
Thomas is not involved in the advertising of the open position.
1:44:14 PM
CHAIR CLAMAN closed public testimony on Mr. Thomass
appointment.
1:44:26 PM
REPRESENTATIVE KOPP thanked Mr. Thomas for his long commitment
to Nome, to Alaska Legal Services, and to the Select Committee
on Legislative Ethics.
1:45:02 PM
REPRESENTATIVE EASTMAN commented that it is fortunate Mr. Thomas
has long been willing to serve in this position. He suggested
inquiring about what encourages Mr. Thomas to serve so as to
glean information about why it has proven difficult to attract
applicants for the empty position.
1:45:52 PM
CHAIR CLAMAN recognized Mr. Thomas's willingness to serve for
two decades on the committee. He acknowledged that Mr. Thomas
has been renominated by multiple chief justices.
1:46:28 PM
REPRESENTATIVE LEDOUX thanked Mr. Thomas for his twenty years on
the committee.
1:46:47 PM
REPRESENTATIVE LEDOUX 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.
- CONFIRMATION(S) ADVANCED
HB 49-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
1:47:34 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 49 "An Act relating to criminal law and
procedure; relating to controlled substances; relating to
probation; relating to sentencing; relating to reports of
involuntary commitment; amending Rule 6, Alaska Rules of
Criminal Procedure; and providing for an effective date."
CHAIR CLAMAN read from the following prepared statement
[original punctuation provided].
Before we take up HB 49, I'd like to share my concerns
about two topics:
First, I was troubled to learn that yesterday,
Governor Dunleavy refused to fill an Alaska Superior
Court vacancy in Palmer as required by the Alaska
Constitution and state law. Article IV, Section 5 of
the Alaska Constitution states: "The governor shall
fill any vacancy in an office of supreme court justice
or superior court judge by appointing one of two or
more persons nominated by the judicial council."
Alaska Statute 22.15.170. requires the Governor to
select a judge from that list within 45 days.
The oath that I take to serve in this office requires
that I swear to uphold "the Constitution of the United
States and the Constitution of the State of Alaska."
The Governor took the same oath to serve as Governor.
The authors of Alaska's Constitution believed that it
was important to have judges who were honest, fair,
impartial, intelligent, experienced in applying the
law, and committed to following the rule of law. To
achieve this, framers of our Constitution established
a merit selection system for choosing judges and a
retention election system for retaining them. Merit
selection ensures that the Council has conducted an
apolitical evaluation of the applicant's professional
qualifications and every judge is among the most
qualified for that position.
By refusing to select from the list of qualified
candidates nominated by the Judicial Council, the
Governor is failing to uphold the Alaska Constitution.
The Governor's inaction in unprecedented in Alaska
history. Both Gov. Hickel and Gov. Murkowski were
sometimes unhappy with nominations from the Judicial
Council. But each time, despite their dissatisfaction
with the choices before them, they respected the Rule
of Law by appointing a judge within 45 days, as
required by law. Governor Dunleavy has failed to
follow the Rule of Law.
Second, I am troubled by the news of travel
restrictions placed on Quinlan Steiner, the Public
Defender. We recently learned at a House State Affairs
Committee hearing, that the Department of
Administration forwarded Mr. Steiner's travel request
to the Governor's office and the Governor's Chief of
Staff denied all travel for the remainder of the
legislative session.
There appears to be no precedent in Alaska history in
which the Governor authorized prosecutors to travel to
Juneau to testify on crime bills, but refused the same
courtesy and privilege to the Public Defender.
Having the perspective of both the Department of Law
and the Public Defender when reviewing any bills
related to public safety is crucial. And my experience
in the capitol has shown me, again and again, that
[appearing in person] is an advantage.
CHAIR CLAMAN interjected and said, I am reminded of a very
experienced prosecutor who once said to me that one of the
best parts about the American system of justice is almost
everyone who is convicted is guilty, and thats a part of
having a two-sided perspective.
CHAIR CLAMAN continued reading from his prepared statement
[original punctuation provided]:
Because I am firmly committed to a fair and open
process with a level field, we will continue our
hearing on House Bill 49 on Monday.
Moving forward, all Anchorage-based staff with the
Administration providing testimony on any public
safety bills will only be heard telephonically until
the Governor's office decides to approve the Public
Defender's travel [to Juneau].
[HB 49 was held over.]
1:51:36 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:51 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Select Committee on Legislative Ethics Appointment-H. Conner Thomas Resume 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM |
|
| Select Committee on Legislative Ethics Appointment-H. Conner Thomas Letter of Support Chief Justice Bolger 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM |
|
| HB049 ver A 3.22.19.PDF |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Transmittal Letter 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Sectional Analysis ver A 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Bill Highlights 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Supporting Document-Alaska Association of Chiefs of Police Letter 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Additional Document-Senate Bill 91 GOA Bills Matrix 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DHSS-PS 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DPS-CJISP 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DOA-OPA 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DOA-PDA 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DOC-IDO 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note LAW-CRIM 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note JUD-ACS 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM |
HB 49 |