Legislature(1999 - 2000)

03/10/1999 02:15 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   JOINT MEETING                                                                                                
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
        SENATE JUDICIARY STANDING COMMITTEE                                                                                     
                   March 10, 1999                                                                                               
                     2:15 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
HOUSE MEMBERS PRESENT                                                                                                           
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
Representative Joe Green                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Jeannette James                                                                                                  
Representative Lisa Murkowski                                                                                                   
Representative Eric Croft                                                                                                       
Representative Beth Kerttula                                                                                                    
                                                                                                                                
HOUSE MEMBERS ABSENT                                                                                                            
                                                                                                                                
All House members present                                                                                                       
                                                                                                                                
SENATE MEMBERS PRESENT                                                                                                          
                                                                                                                                
Senator Robin Taylor, Chairman                                                                                                  
Senator Dave Donley                                                                                                             
Senator John Torgerson                                                                                                          
Senator Johnny Ellis                                                                                                            
                                                                                                                                
SENATE MEMBERS ABSENT                                                                                                           
                                                                                                                                
Senator Rick Halford, Vice Chair                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CONFIRMATION HEARINGS:                                                                                                          
                                                                                                                                
Violent Crimes Compensation Board                                                                                               
                                                                                                                                
     Colleen M. Murphy, M.D. - Anchorage                                                                                        
     Leslie D. Wheeler - Wasilla                                                                                                
     Stephen B. Wallace - Kodiak                                                                                                
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                            
                                                                                                                                
     Joseph N. Faulhaber - Fairbanks                                                                                            
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Commission on Judicial Conduct                                                                                                  
                                                                                                                                
     Dianne I. Brown - Anchorage                                                                                                
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
     [NOTE:  ADVANCED ONLY BY THE HOUSE JUDICIARY COMMITTEE]                                                                    
                                                                                                                                
Alaska Judicial Council                                                                                                         
                                                                                                                                
     Sandra Stringer - Fairbanks                                                                                                
                                                                                                                                
     - NAME WITHDRAWN BY CANDIDATE                                                                                              
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
COLLEEN MURPHY, M.D., Appointee                                                                                                 
   to the Violent Crimes Compensation Board                                                                                     
2811 Illiamna Avenue                                                                                                            
Anchorage, Alaska 99517                                                                                                         
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT: Testified on her appointment to the Violent                                                                 
                    Crimes Compensation Board.                                                                                  
                                                                                                                                
LESLIE D. WHEELER, Appointee                                                                                                    
   to the Violent Crimes Compensation Board                                                                                     
P.O. Box 878885                                                                                                                 
Wasilla, Alaska 99687                                                                                                           
Telephone:  (Not provided)                                                                                                      
POSITION STATEMENT: Testified on her appointment to the Violent                                                                 
                    Crimes Compensation Board.                                                                                  
                                                                                                                                
JOSEPH N. FAULHABER, Appointee                                                                                                  
   to the Board of Governors of the Alaska Bar                                                                                  
105 Adak Avenue                                                                                                                 
Fairbanks, Alaska 99701                                                                                                         
Telephone:  (907) 457-2010                                                                                                      
POSITION STATEMENT: Testified on his appointment to the Board of                                                                
                    Governors of the Alaska Bar.                                                                                
                                                                                                                                
STEPHEN B. WALLACE, Appointee                                                                                                   
  to the Violent Crimes Compensation Board                                                                                      
P.O. Box 4054                                                                                                                   
Kodiak, Alaska 99615                                                                                                            
Telephone:  (907) 487-2420                                                                                                      
POSITION STATEMENT: Testified on his appointment to the Violent                                                                 
                    Crimes Compensation Board.                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-11, SIDE A                                                                                                              
Number 2452                                                                                                                     
                                                                                                                                
CHAIRMAN PETE KOTT called for a brief at-ease at 2:14 p.m. to                                                                   
prepare for a joint meeting with the Senate Judiciary Standing                                                                  
Committee.  He called the meeting back to order at 2:15 p.m. and                                                                
turned the gavel over to Senator Robin Taylor, Chairman of the                                                                  
Senate Judiciary Committee.  House members present were                                                                         
Representatives Kott, Green, James, Murkowski, Rokeberg, Croft, and                                                             
Kerttula.  Senate members present were Senators Taylor, Donley,                                                                 
Torgerson and Ellis.                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS:  VIOLENT CRIMES COMPENSATION BOARD, BOARD OF                                                             
GOVERNORS OF THE ALASKA BAR, COMMISSION ON JUDICIAL CONDUCT, AND                                                                
ALASKA JUDICIAL COUNCIL                                                                                                         
                                                                                                                                
SENATOR TAYLOR indicated the purpose of the joint meeting today is                                                              
to hear the nominees for the Violent Crimes Compensation Board, the                                                             
Board of Governors of the Alaska Bar, the Commission on Judicial                                                                
Conduct, and the Alaska Judicial Council.                                                                                       
                                                                                                                                
TAPE 99-11, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
SENATOR TAYLOR called on Colleen Murphy, M.D. to discuss her                                                                    
appointment to the Violent Crimes Compensation Board.                                                                           
                                                                                                                                
Number 0010                                                                                                                     
                                                                                                                                
COLLEEN MURPHY, M.D., Appointee to the Violent Crimes Compensation                                                              
Board, testified via teleconference from Anchorage.  She is a                                                                   
commissioned officer in the Indian Public Health Service and has                                                                
been in Alaska since 1987.  She is an OB-GYN physician.  Her                                                                    
perspective on health is pretty global working with a multi-                                                                    
disciplinarian group at the Alaska Native Medical Center.  She was                                                              
offered the opportunity to serve on the board last year due to a                                                                
vacancy.  She has attended three to four meetings so far which have                                                             
been very interesting.  She appreciates the opportunity to                                                                      
contribute to the board.  It is a very difficult situation to face                                                              
and she considers it an honor to be given the opportunity to help                                                               
these people.                                                                                                                   
                                                                                                                                
Number 0040                                                                                                                     
                                                                                                                                
SENATOR TAYLOR thanked Dr. Murphy for her service and her                                                                       
willingness to come forward.                                                                                                    
                                                                                                                                
SENATOR TAYLOR called on Leslie D. Wheeler to discuss her                                                                       
appointment to the Violent Crimes Compensation Board.                                                                           
                                                                                                                                
Number 0076                                                                                                                     
                                                                                                                                
LESLIE D. WHEELER, Appointee to the Violent Crimes Compensation                                                                 
Board, testified via teleconference from Wasilla.  She has been                                                                 
serving on the board for a couple of years now.  She was appointed                                                              
due to a vacancy.  She currently serves as the chair of the board.                                                              
She has been working with domestic violence-sexual assault issues                                                               
for about 22 years.  She was director of a shelter for eight and                                                                
one-half years.  This opportunity has broadened her understanding                                                               
of victims' issues.  She cited the board has been very active and                                                               
Ms. Murphy and Mr. Wallace are very committed members.  Susan                                                                   
Browne as administrator has also done a wonderful job.  As a                                                                    
result, there have been changes made to make the program more                                                                   
accessible to victims throughout the state.  The board has worked                                                               
hard to make sure that under-served populations are aware of the                                                                
program.  The board also has a new web site.  She reiterated she is                                                             
pleased with the progress of the program and feels honored to serve                                                             
on the board.                                                                                                                   
                                                                                                                                
Number 0162                                                                                                                     
                                                                                                                                
SENATOR TAYLOR thanked Ms. Wheeler for her participation today and                                                              
her service to the state.                                                                                                       
                                                                                                                                
SENATOR TAYLOR called on Joseph N. Faulhaber to discuss his                                                                     
appointment to the Board of Governors of the Alaska Bar.                                                                        
                                                                                                                                
Number 0220                                                                                                                     
                                                                                                                                
JOSEPH N. FAULHABER, Appointee to the Board of Governors of the                                                                 
Alaska Bar, testified via teleconference from Hawaii.  He was first                                                             
appointed by former-Governor Hickel and reappointed by Governor                                                                 
Knowles.  He has been serving on the board for five years now.  He                                                              
appreciates the opportunity to provide input into the regulation of                                                             
a profession that greatly affects life and commerce in Alaska.  It                                                              
has been an education to him and he would like to think that he has                                                             
contributed something to it.                                                                                                    
                                                                                                                                
Number 0246                                                                                                                     
                                                                                                                                
SENATOR TAYLOR asked Mr. Faulhaber whether his background is mostly                                                             
in real estate.                                                                                                                 
                                                                                                                                
MR. FAULHABER replied correct.  He ran a real estate office in                                                                  
Fairbanks for 23 years.                                                                                                         
                                                                                                                                
Number 0258                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA noted that she has served with Mr.                                                                      
Faulhaber and Ms. Miklos.  They are both terrific members of the                                                                
board.  They have done an excellent job as the public members                                                                   
ensuring that the profession is regulated in a way that the public                                                              
can be proud of.  She recommends both of them highly.                                                                           
                                                                                                                                
Number 0281                                                                                                                     
                                                                                                                                
SENATOR DONLEY asked Mr. Faulhaber the position he took on the                                                                  
continuing legal education issue.                                                                                               
                                                                                                                                
MR. FAULHABER replied he was in favor of it.  The public assumes                                                                
that there is continuing legal education within the bar.  The law                                                               
profession is no less important than real estate, accounting or any                                                             
other licensed profession by the government.  He believes that                                                                  
Alaska is one of 15 states that does not have continuing legal                                                                  
education.                                                                                                                      
                                                                                                                                
Number 0332                                                                                                                     
                                                                                                                                
SENATOR DONLEY stated there were no guidelines on whether or not it                                                             
would have to be in a field that an attorney practices.  Attorneys                                                              
tend to practice different areas and develop expertise as they go                                                               
into those different areas.                                                                                                     
                                                                                                                                
MR. FAULHABER stated the effectiveness would have come under the                                                                
regulation of it.  The guidelines proposed for the law profession                                                               
were much more lenient.  For example, the mandatory hours could                                                                 
have been accomplished through video tapes or qualified pro bono                                                                
work.  He assumed that an attorney would have chosen something that                                                             
would have been relevant to that attorney's practice.                                                                           
                                                                                                                                
SENATOR DONLEY stated another limitation was that an attorney would                                                             
have been required to take courses even though they wouldn't have                                                               
made a difference in the quality of that attorney's practice.                                                                   
                                                                                                                                
MR. FAULHABER stated he will not try to say it was a perfect                                                                    
attempt at a regulation, but it was a step in the right direction.                                                              
                                                                                                                                
Number 0415                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Faulhaber why there appears to be                                                                
about a six-month to one-year hiatus in his appointment status.                                                                 
                                                                                                                                
MR. FAULHABER replied his appointment from Governor Knowles dragged                                                             
on.  There was a referendum unanimously passed from the annual bar                                                              
meeting in Juneau asking for Governor Knowles to reappoint him to                                                               
the board.  He has no explanation why the Governor didn't get                                                                   
around to it.                                                                                                                   
                                                                                                                                
Number 0463                                                                                                                     
                                                                                                                                
SENATOR TAYLOR noted his appreciation of Mr. Faulhaber's                                                                        
reappointment for continuity reasons.  As a member who finds                                                                    
himself subjected to this board, his major concern is the quality                                                               
within the bar - the only real sanction available within the                                                                    
profession because the judiciary branch seems reticent to exercise                                                              
sanctions or discipline.  He believes there needs to be a stronger                                                              
and more rigorous application of some of the bar rules.  He said,                                                               
"It seems as though you can get away with practically with murder                                                               
and you can't seem to get disbarred.  What you end up with is you                                                               
end up getting suspended for five years or like an attorney who                                                                 
practices near me in Petersburg, Alaska he was suspended for three                                                              
years so he went out and hired himself a brand new attorney out of                                                              
law school and had that person practicing in his office and then he                                                             
was advisory to that person.  Well, nothing ever slowed down.  He                                                               
went on doing the same things that had brought him under bar                                                                    
disciplinary processes and nobody really supervised it and nobody                                                               
ever said that's kind of bad.  I think many of us get frustrated at                                                             
times with some of the activities we see going on out there as to                                                               
whether to even bring a complaint before the board of governors or                                                              
the bar association because very little seems to occur.  And, when                                                              
it does it's more of a slap on the wrist than anything meaningful.                                                              
At least that's my feelings on it, and I know that's a very                                                                     
difficult task to sit in judgement in those situations Mr.                                                                      
Faulhaber, but I would really appreciate it as one member of this                                                               
profession that you maintain a very strong and high standard as far                                                             
as these actions are concerned.  I know that you have done your                                                                 
best and I appreciate that, I just wish to encourage you to do more                                                             
in the future if you can."                                                                                                      
                                                                                                                                
SENATOR TAYLOR thanked Mr. Faulhaber for his length of service and                                                              
his willingness to continue to service as a board member.                                                                       
                                                                                                                                
SENATOR TAYLOR noted that Barbara Miklos, Appointee to the Board of                                                             
Governors of the Alaska Bar, is traveling and won't be available                                                                
today; Dianne Brown, Appointee to the Commission on Judicial                                                                    
Conduct, is not available today; and Sandra Stringer, Appointee to                                                              
the Alaska Judicial Council has withdrawn her name.  He also noted                                                              
that Stephen Wallace, Appointee to the Violent Crimes Compensation                                                              
Board, had a court case today in Kodiak and will try to make it to                                                              
the meeting.                                                                                                                    
                                                                                                                                
SENATOR TAYLOR entertained motions to advance the nominations                                                                   
forward for further consideration.                                                                                              
                                                                                                                                
Number 0673                                                                                                                     
                                                                                                                                
SENATOR TORGERSON made a motion for the Senate Judiciary Committee                                                              
to move the nomination of Joseph N. Faulhaber to the Board of                                                                   
Governors of the Alaska Bar forward for further consideration.                                                                  
                                                                                                                                
Number 0685                                                                                                                     
                                                                                                                                
SENATOR DONLEY said:  "I'm gonna object Mr. Chairman.  I guess                                                                  
first I'm suppose to declare a potential conflict of interest                                                                   
because I'm a member of this organization, but I object.  I declare                                                             
my conflict and move that I be excused from voting on this matter--                                                             
anything to do with the Alaska Bar."                                                                                            
                                                                                                                                
REPRESENTATIVE CROFT asked Senator Taylor whether he will declare                                                               
a conflict of interest as well.                                                                                                 
                                                                                                                                
SENATOR TAYLOR replied that he has already made a statement about                                                               
it earlier.                                                                                                                     
                                                                                                                                
SENATOR DONLEY stated that he has to ask.                                                                                       
                                                                                                                                
SENATOR TAYLOR stated it has to be declared and if somebody wishes                                                              
to move it they can.                                                                                                            
                                                                                                                                
REPRESENTATIVE JAMES indicated there was a law written last year                                                                
changing that, but she can't remember the details.                                                                              
                                                                                                                                
SENATOR DONLEY stated it was changed, he thought, so that the                                                                   
question had to be asked.                                                                                                       
                                                                                                                                
SENATOR TORGERSON made a motion to be removed from voting due to a                                                              
conflict of interest because he serves on a committee of the Alaska                                                             
Bar.                                                                                                                            
                                                                                                                                
UNIDENTIFIED SPEAKER objected.                                                                                                  
                                                                                                                                
SENATOR DONLEY stated the new rule is to declare a conflict then                                                                
make a motion asking to be excused.                                                                                             
                                                                                                                                
SENATOR TAYLOR ruled that a conflict is not sufficient to avoid                                                                 
voting and called for a roll call vote to forward the confirmation                                                              
of Joseph N. Faulhaber.  Senators Taylor, Ellis and Torgerson voted                                                             
in favor of the motion.  Senator Donley voted against the motion.                                                               
Senator Halford was absent.  The motion passed.                                                                                 
                                                                                                                                
Number 0835                                                                                                                     
                                                                                                                                
SENATOR TORGERSON made a motion for the Senate Judiciary Committee                                                              
to move the nominations of Collen M. Murphy, M.D. and Leslie D.                                                                 
Wheeler to the Violent Crimes Compensation Board forward for                                                                    
further consideration.  There being no objection, they were so                                                                  
moved.                                                                                                                          
                                                                                                                                
CHAIRMAN KOTT indicated that Stephen B. Wallace is available now to                                                             
testify.                                                                                                                        
                                                                                                                                
SENATOR TAYLOR called on him to discuss his appointment to the                                                                  
Violent Crimes Compensation Board.                                                                                              
                                                                                                                                
Number 0866                                                                                                                     
                                                                                                                                
STEPHEN B. WALLACE, Appointee to the Violent Crimes Compensation                                                                
Board, testified via teleconference from Kodiak.  He started going                                                              
to meetings in the later part of last year and found the staff to                                                               
be diligent in preparing information and the board seems to conduct                                                             
its business in an orderly fashion.  He noted that there might be                                                               
some efforts this year to approach the legislature for amending                                                                 
legislation, but he is not sure of the process.  He expressed his                                                               
pleasure in serving on the board.                                                                                               
                                                                                                                                
Number 0919                                                                                                                     
                                                                                                                                
SENATOR DONLEY stated the board has seemed rather timid in the past                                                             
in asking the legislature for revisions.  Past boards that were                                                                 
told "no" by the executive branch dropped the issue even though the                                                             
board thought it was needed.  He hopes that the board will come                                                                 
directly to the legislature if it can't get the concurrence of the                                                              
executive branch.  After all, a board is independent and not there                                                              
to serve the executive branch, but the people of the state.                                                                     
                                                                                                                                
MR. WALLACE acknowledged Senator Donley's comments.  He doesn't                                                                 
have any sense at this point that the other members of the board                                                                
are timid.                                                                                                                      
                                                                                                                                
SENATOR TAYLOR thanked Mr. Wallace for his willingness to serve on                                                              
the board.                                                                                                                      
                                                                                                                                
Number 0999                                                                                                                     
                                                                                                                                
SENATOR TORGERSON made a motion for the Senate Judiciary Committee                                                              
to move the nomination of Stephen B. Wallace to the Violent Crimes                                                              
Compensation Board forward for further consideration.  There being                                                              
no objection, it was so moved.                                                                                                  
                                                                                                                                
Number 1025                                                                                                                     
                                                                                                                                
SENATOR TAYLOR turned the gavel over to Representative Pete Kott,                                                               
Chairman of the House Judiciary Standing Committee.                                                                             
                                                                                                                                
CHAIRMAN KOTT called on motions to advance the nominations forward                                                              
to the full House.                                                                                                              
                                                                                                                                
Number 1059                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion and asked unanimous consent for                                                              
the House Judiciary Committee to move the nomination of Joseph N.                                                               
Faulhaber to the Board of Governors of the Alaska Bar forward to                                                                
the full House.                                                                                                                 
                                                                                                                                
REPRESENTATIVE CROFT noted that he is a member of the bar and asked                                                             
to be excused from voting on the nominations to the Board of                                                                    
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
CHAIRMAN KOTT acknowledged the question and stated he would be                                                                  
required to vote.                                                                                                               
                                                                                                                                
REPRESENTATIVE KERTTULA noted that she is a member of the bar and                                                               
asked to be excused from voting on the nominations to the Board of                                                              
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
CHAIRMAN KOTT acknowledged the question and stated she would be                                                                 
required to vote.                                                                                                               
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted that she is a member of the bar and                                                              
asked to be excused from voting on the nominations to the Board of                                                              
the Governors of the Alaska Bar.                                                                                                
                                                                                                                                
CHAIRMAN KOTT acknowledged the question and stated she would be                                                                 
required to vote.                                                                                                               
                                                                                                                                
CHAIRMAN KOTT asked whether there is any objection to the motion                                                                
stated.  There being none, it was so moved.                                                                                     
                                                                                                                                
Number 1127                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion for the House Judiciary                                                                      
Committee to move the nomination of Colleen M. Murphy, M.D. to the                                                              
Violent Crimes Compensation Board forward to the full House.  There                                                             
being no objection, it was so moved.                                                                                            
                                                                                                                                
Number 1148                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion for the House Judiciary                                                                      
Committee to move the nomination of Stephen B. Wallace to the                                                                   
Violent Crimes Compensation Board forward to the full House.  There                                                             
being no objection, it was so moved.                                                                                            
                                                                                                                                
Number 1165                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion for the House Judiciary                                                                      
Committee to move the nomination of Leslie D. Wheeler to the                                                                    
Violent Crimes Compensation Board forward to the full House.  There                                                             
being no objection, it was so moved.                                                                                            
                                                                                                                                
Number 1193                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked why the other nominations can't be                                                                
moved forward.                                                                                                                  
                                                                                                                                
CHAIRMAN KOTT stated there might be some questions on a few of the                                                              
nominations.                                                                                                                    
                                                                                                                                
Number 1223                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked, for clarification, whether Sandra                                                               
Stringer has withdrawn.                                                                                                         
                                                                                                                                
CHAIRMAN KOTT indicated that she has withdrawn.                                                                                 
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked whether there has been another name                                                              
forwarded.                                                                                                                      
                                                                                                                                
CHAIRMAN KOTT replied he has not received another name at this                                                                  
point.                                                                                                                          
                                                                                                                                
Number 1243                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG noted that he doesn't have an objection to                                                              
moving the other nominations, except for Barbara Miklos.  He would                                                              
like to have her opinion on how she will balance her                                                                            
responsibilities as a board member and director of the Child                                                                    
Support Enforcement Division.  He doesn't have a problem with her                                                               
personally, but her position is one of the hottest spots in the                                                                 
state.                                                                                                                          
                                                                                                                                
CHAIRMAN KOTT stated he doesn't have a problem forwarding the                                                                   
nomination of Dianne I. Brown, if that is the will of the                                                                       
committee.                                                                                                                      
                                                                                                                                
Number 1292                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG made a motion for the House Judiciary                                                                   
Committee to move the nomination of Dianne I. Brown to the                                                                      
Commission on Judicial Conduct forward to the full House.  There                                                                
being no objection, it was so moved.                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT adjourned the Joint House and Senate Judiciary                                                                    
Standing Committee meeting at 2:50 p.m.                                                                                         

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