Legislature(2011 - 2012)BELTZ 105 (TSBldg)

03/23/2011 01:30 PM Senate JUDICIARY


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01:37:50 PM Start
01:38:11 PM Confirmation Hearings
03:03:56 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Board Confirmations: TELECONFERENCED
Violent Crimes Compensation Board
Alaska Police Standards Council
Alaska Commission on Judicial Conduct
Alaska Judicial Council
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 23, 2011                                                                                         
                           1:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator Lesil McGuire                                                                                                           
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
     Alaska Police Standards Council                                                                                          
          Mark Mew                                                                                                              
          Richard Burton                                                                                                        
                                                                                                                                
               CONFIRMATIONS ADVANCED                                                                                           
                                                                                                                                
     Violent Crimes Compensation Board                                                                                        
          Nora Barlow                                                                                                           
                                                                                                                                
          CONFIRMATION ADVANCED                                                                                                 
                                                                                                                                
     Alaska Commission on Judicial Conduct                                                                                    
          Amy Demboski                                                                                                          
                                                                                                                                
               CONFIRMATION ADVANCED                                                                                            
                                                                                                                                
     Alaska Judicial Council                                                                                                  
          Donald J. Haase                                                                                                       
                                                                                                                                
               HEARD AND HELD                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARK MEW, Appointee                                                                                                             
Alaska Police Standards Council                                                                                                 
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
RICHARD BURTON, Appointee                                                                                                       
Alaska Police Standards Council                                                                                                 
Ketchikan, AK                                                                                                                   
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
NORA BARLOW, Appointee                                                                                                          
Violent Crimes Compensation Board                                                                                               
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:    Testified  as appointee  to  the  Violent                                                             
Crimes Compensation Board.                                                                                                      
                                                                                                                                
AMY DEMBOSKI, Appointee                                                                                                         
Alaska Commission on Judicial Conduct                                                                                           
Chugiak, AK                                                                                                                     
POSITION  STATEMENT:    Testified  as  appointee  to  the  Alaska                                                             
Commission on Judicial Conduct.                                                                                                 
                                                                                                                                
DAVID HAEG, representing himself                                                                                                
POSITION  STATEMENT:    Testified   on  the  appointment  of  Ms.                                                             
Demboski to the Alaska Commission on Judicial Conduct.                                                                          
                                                                                                                                
THOMAS STEPNOSKI, representing himself                                                                                          
Kenai, AK                                                                                                                       
POSITION  STATEMENT:    Testified   on  the  appointment  of  Ms.                                                             
Demboski to the Alaska Commission on Judicial Conduct.                                                                          
                                                                                                                                
DONALD J. HAASE, Appointee                                                                                                      
Alaska Judicial Council                                                                                                         
Valdez, AK                                                                                                                      
POSITION  STATEMENT:    Testified  as  appointee  to  the  Alaska                                                             
Judicial Council.                                                                                                               
                                                                                                                                
LARRY COHN, Executive Director                                                                                                  
Alaska Judicial Council                                                                                                         
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Explained what  area representation  means                                                             
and the history  of that qualification for the  public members of                                                               
the Alaska Judicial Council.                                                                                                    
                                                                                                                                
TERRY MILLER, representing herself and as managing editor                                                                       
Ketchikan Daily News                                                                                                            
Ketchikan, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  support of  maintaining area                                                             
representation  when appointing  members to  the Alaska  Judicial                                                               
Council.                                                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:37:50 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:37  p.m. Present at the  call to                                                               
order were Senators Wielechowski, Paskvan, and French.                                                                          
                                                                                                                                
                     ^CONFIRMATION HEARINGS                                                                                   
                                                                                                                                
1:38:11 PM                                                                                                                    
CHAIR  FRENCH announced  that the  business before  the committee                                                               
would be board confirmation hearings.                                                                                           
                                                                                                                                
                Alaska Police Standards Council                                                                             
                                                                                                                                
1:38:20 PM                                                                                                                    
CHAIR  FRENCH asked  Mr.  Mew  to tell  the  committee about  his                                                               
interest in serving on the Police Standards Council.                                                                            
                                                                                                                                
1:39:15 PM                                                                                                                    
MARK  MEW, Appointee,  Alaska  Police  Standards Council  (APSC),                                                               
said he's the chief at  the Anchorage Police Department (APD) and                                                               
has been in  that position for about 14 months.  This will be his                                                               
second term  and he  believes that  part of why  he was  asked to                                                               
step forward  was to provide  representation from a  larger city.                                                               
The council reviews certification  and decertification issues and                                                               
Anchorage  can  help  other  departments  set  common  goals  and                                                               
standards for police conduct. We  generate a lot of that business                                                               
and the council would like our input, he stated.                                                                                
                                                                                                                                
CHAIR FRENCH pointed out that there  are 13 members on the Alaska                                                               
Police  Standards Council.  Eleven members  are appointed  by the                                                               
governor and stand for confirmation.  The commissioners of public                                                               
safety and  corrections are  the other two  members and  they are                                                               
confirmed  in separate  proceedings.  He asked  Mr.  Mew if  it's                                                               
correct that he's been serving for  about a year, but hasn't gone                                                               
through the confirmation process.                                                                                               
                                                                                                                                
CHIEF MEW  said that's correct  and he  isn't sure how  that came                                                               
about.  He's attended  a couple  of council  telephonic sessions,                                                               
but this is his first confirmation hearing.                                                                                     
                                                                                                                                
CHAIR  FRENCH asked  him to  compare  the disciplinary  processes                                                               
when he is acting as police chief and as a member of the APSC.                                                                  
                                                                                                                                
1:43:14 PM                                                                                                                    
SENATOR COGHILL joined the hearing.                                                                                             
                                                                                                                                
CHIEF  MEW explained  that the  typical scenario  when APD  has a                                                               
disciplinary  matter  is that  they've  decided  to terminate  an                                                               
officer for some  misconduct. They fill out  paperwork and notify                                                               
APSC that  the person  is no  longer employed  as an  officer and                                                               
they  check a  box if  they  believe that  the conduct  warranted                                                               
decertification. After  receiving the paperwork, APSC  conducts a                                                               
preliminary  investigation   to  see  if  they   agree  with  the                                                               
recommendation  and  the  former   employee  has  the  option  to                                                               
voluntarily relinquish their certificate or  ask to have the case                                                               
heard.  He  said  that  the  department  would  submit  documents                                                               
supporting its action  and at that point he  would recuse himself                                                               
from a vote if it were his former employee.                                                                                     
                                                                                                                                
He stated that regardless of whether  he's on the council or not,                                                               
his job as chief is to  provide the APSC any information it wants                                                               
in  order to  make its  evaluation. As  a member  of the  APSC he                                                               
would look  at decertification  requests from  other departments.                                                               
If  the APSC  decides that  decertification isn't  warranted, the                                                               
officer is  free to move  to a different department  and maintain                                                               
his or her certification. A  certification becomes inactive after                                                               
a year or so if the person doesn't work in law enforcement                                                                      
                                                                                                                                
1:45:36 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked him to  discuss the Rollins  case and                                                               
what was  done at APD in  terms of changing protocol  in order to                                                               
discourage that type of activity.                                                                                               
                                                                                                                                
CHIEF  MEW said  the Rollins  affair is  a tragedy  for both  the                                                               
community  and  the APD.  The  APD  has  moved to  decertify  Mr.                                                               
Rollins and it's a pending case  that will probably be dealt with                                                               
at the  May meeting. He  said that while  he was employed  at the                                                               
school district  he read about the  case in the papers  and since                                                               
he returned  to the APD he's  learned more of the  history on how                                                               
it came about. He noted that  the case goes back to shortly after                                                               
he  left   the  department   in  2003.   The  APD   has  publicly                                                               
acknowledged that there was conduct  early-on that was incorrect,                                                               
but  the relationships  were consensual.  He was  disciplined but                                                               
there wasn't enough for a criminal  case. The second round of his                                                               
conduct, however, was criminal and  in that case six victims were                                                               
identified and he's been convicted on five.                                                                                     
                                                                                                                                
As a  result of that  case the APD  has improved the  sergeant to                                                               
officer  ratio  so  there  will be  better  and  more  consistent                                                               
supervision.  They've also  made  changes in  how they  supervise                                                               
overtime  detail because  the cases  that generated  Mr. Rollins'                                                               
criminal convictions were done on  that shift. That loop has been                                                               
closed and overtime details are  more closely supervised. The APD                                                               
has also  introduced internal affairs  software to  track conduct                                                               
and allegations  at a  threshold level  regardless of  whether an                                                               
officer  moves from  department  to department  or  stays in  one                                                               
location. It's an early warning  system. They are also looking at                                                               
options to install additional cameras at substations.                                                                           
                                                                                                                                
1:51:41 PM                                                                                                                    
CHAIR FRENCH  pointed out  that Chief  Mew has  over 20  years of                                                               
service with  the APD,  he attended  the FBI  academy, and  has a                                                               
bachelors' degree  in anthropology. He seems  highly qualified to                                                               
serve on the APSC.                                                                                                              
                                                                                                                                
1:52:00 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to forward  the name Mark Mew  to the                                                               
full  Legislature sitting  in  joint session  for  a vote.  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
CHAIR FRENCH  asked Mr.  Burton to tell  the committee  about his                                                               
interest in  continuing to serve  on the Alaska  Police Standards                                                               
Council.                                                                                                                        
                                                                                                                                
1:53:03 PM                                                                                                                    
RICHARD  BURTON,  Appointee,   Alaska  Police  Standards  Council                                                               
(APSC), said  he is a  retired commissioner and is  interested in                                                               
serving to  improve training,  supervision, and  management. He's                                                               
been involved  with this since  before there was a  council. When                                                               
he was  initially hired he  received no training and  he realized                                                               
that this could be problematic.  New hires were fingerprinted and                                                               
their prints  were sent to  the FBI, but the  department wouldn't                                                               
hear  back for  about six  months. This  bothered him  so he  and                                                               
others  developed training  and background  checks in  1971. He's                                                               
worked at both  the state and federal level and  has seen how law                                                               
enforcement works in  other areas. His interest is  that one size                                                               
doesn't  fit  all  and  there   is  always  need  for  additional                                                               
training. Discipline  and misconduct is important  but it usually                                                               
comes from lack of background checks and training.                                                                              
                                                                                                                                
1:59:25 PM                                                                                                                    
CHAIR FRENCH  said he doesn't  know of  anyone who has  a broader                                                               
and more  remarkable resume in  public safety. Mr.  Burton joined                                                               
the  Alaska  State   Troopers  in  1959,  served   twice  as  the                                                               
commissioner of  the Department of  Public Safety, was  the chief                                                               
of police for  the City and Borough of Juneau,  visited Russia in                                                               
conjunction with  public safety, and  was a guest of  the Turkish                                                               
government  at  an  international  meeting  of  31  countries  to                                                               
discuss  international extraditions.  He thanked  Mr. Burton  for                                                               
continuing to serve.                                                                                                            
                                                                                                                                
2:00:31 PM                                                                                                                    
SENATOR COGHILL  said the Legislature  has tried to get  tough on                                                               
crime in some areas and increasing  penalties to a felony seem to                                                               
be  the  preferred  tool.  He asked  if  that's  a  discretionary                                                               
problem from the APSC perspective.                                                                                              
                                                                                                                                
MR.  BURTON said  it  is  a discretionary  problem,  but it  also                                                               
depends  on the  Department of  Law (DOL)  that has  to prosecute                                                               
cases. He'd like to give  village courts certain jurisdiction and                                                               
let people  have some  say over the  conduct in  their community.                                                               
Things  would   run  more  smoothly   and  be   more  financially                                                               
efficient.                                                                                                                      
                                                                                                                                
SENATOR   COGHILL   said  he   likes   the   idea  of   community                                                               
accountability and he'll give that serious thought.                                                                             
                                                                                                                                
MR. BURTON offered to follow up on the conversation.                                                                            
                                                                                                                                
SENATOR COGHILL said he'd appreciate that.                                                                                      
                                                                                                                                
2:03:49 PM                                                                                                                    
CHAIR FRENCH found no further questions and solicited a motion.                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI moved to forward  the name Richard Burton to                                                               
the full Legislature  sitting in joint session for  a vote. There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
               Violent Crimes Compensation Board                                                                            
                                                                                                                                
2:04:50 PM                                                                                                                    
CHAIR FRENCH  asked Ms.  Barlow to tell  the committee  about her                                                               
interest  in serving  on the  Violent  Crimes Compensation  Board                                                               
(VCCB).                                                                                                                         
                                                                                                                                
NORA BARLOW,  Appointee, Violent Crimes Compensation  Board, said                                                               
she is  an attorney with DeLisio  Moran Geraghty & Zobel  and has                                                               
been serving  on the  Violent Crimes  Compensation Board  for one                                                               
year. She took over the  position designated for an attorney when                                                               
Leroy Barker retired,  and didn't know what she  was getting into                                                               
but  she has  enjoyed the  service.  She would  like to  continue                                                               
working with the board. The work  is important and fits well with                                                               
her  background  as  a  lawyer   and  her  desire  to  serve  the                                                               
community.                                                                                                                      
                                                                                                                                
2:06:12 PM                                                                                                                    
CHAIR  FRENCH  disclosed that  Ms.  Barlow  is his  neighbor.  He                                                               
pointed out that  she was formerly an  assistant attorney general                                                               
and since  has been in private  practice. He asked how  often the                                                               
board has met.                                                                                                                  
                                                                                                                                
MS. BARLOW  answered they've met  once every three  months. There                                                               
is a  meeting coming up this  Sunday and they have  100 claims to                                                               
consider. The  board also  comes to  Juneau once  a year  to meet                                                               
with legislators.  The time commitment  is not  overly burdensome                                                               
considering the service that's provided.                                                                                        
                                                                                                                                
CHAIR FRENCH asked how long a typical meeting would last.                                                                       
                                                                                                                                
MR. MARLOW  answered about eight  hours. She added that  the VCCB                                                               
makes emergency  awards up to  $5,000. They  can handle 20  to 30                                                               
claims during the period between meetings.                                                                                      
                                                                                                                                
CHAIR  FRENCH  pointed out  that  the  board has  three  members;                                                               
including one physician and one attorney.                                                                                       
                                                                                                                                
2:08:44 PM                                                                                                                    
SENATOR COGHILL said he's always  interested in hearing about the                                                               
legal barriers for  crime victims and he's open  to discussion if                                                               
she sees anything.                                                                                                              
                                                                                                                                
MR. BARLOW  said one discussion is  if VCCB can be  involved with                                                               
the SANE/SART exams,  which are the exams that  occur after there                                                               
has been  an allegation of  sexual assault or sexual  abuse. It's                                                               
not simple to get authority  to get involved in different things,                                                               
but  there  is  interest  in  the issue.  She  isn't  sure  if  a                                                               
comprehensive proposal has been made,  but that would be helpful.                                                               
She's  more interested  in the  implementation.  She provided  an                                                               
example of  a divorce that  had associated domestic  violence and                                                               
the  victim  didn't know  about  the  VCCB  even though  she  was                                                               
involved with the  criminal justice system. There might  not be a                                                               
legal fix,  but getting  information out about  what VCCB  can do                                                               
for victims  is the biggest hurdle  at this point. It  is hard to                                                               
distribute the information and get it to the right people.                                                                      
                                                                                                                                
2:12:59 PM                                                                                                                    
SENATOR COGHILL said he would keep that in mind.                                                                                
                                                                                                                                
CHAIR FRENCH found no further questions and solicited a motion.                                                                 
                                                                                                                                
2:13:14 PM                                                                                                                    
SENATOR WIELECHOWSKI moved to forward  the name Nora G. Barlow to                                                               
the full Legislature  sitting in joint session for  a vote. There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
             Alaska Commission on Judicial Conduct                                                                          
                                                                                                                                
2:13:36 PM                                                                                                                    
CHAIR FRENCH asked  Ms. Demboski to tell the  committee about her                                                               
interest  in  serving  on  the   Alaska  Commission  on  Judicial                                                               
Conduct.                                                                                                                        
                                                                                                                                
AMY DEMBOSKI,  Appointee, Alaska Commission on  Judicial Conduct,                                                               
said  she's been  involved in  public  service for  20 years  and                                                               
recently  decided  she  would  like   to  serve  on  a  board  or                                                               
commission.                                                                                                                     
                                                                                                                                
CHAIR FRENCH asked if she had attended any commission meetings.                                                                 
                                                                                                                                
MS.  DEMBOSKI answered  she attended  the public  portion of  the                                                               
meeting on February 28, the day before her term started.                                                                        
                                                                                                                                
CHAIR  FRENCH  noted  that  the  Alaska  Commission  on  Judicial                                                               
Conduct  is  made  up  of  nine members,  six  appointed  by  the                                                               
governor,  including three  public  members who  are not  judges,                                                               
three attorneys who  have practiced law in Alaska  for ten years,                                                               
and  three justices  and judges  elected by  the judges  of state                                                               
courts.                                                                                                                         
                                                                                                                                
2:15:58 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked what  piqued  her  interest in  this                                                               
commission.                                                                                                                     
                                                                                                                                
MS. DEMBOSKI said  she received a degree in  criminal justice and                                                               
history several years ago. For  many years she thought she wanted                                                               
to go  into law enforcement.  Now she  feels she could  serve the                                                               
public   in  a   different  capacity.   She  finds   the  subject                                                               
interesting and feels she could benefit the community.                                                                          
                                                                                                                                
SENATOR PASKVAN said  the emphasis in her resume seemed  to be in                                                               
the   dental  field.   He   asked  what   she   would  focus   on                                                               
accomplishing.                                                                                                                  
                                                                                                                                
MS. DEMBOSKI  said she is  in dental  office management and  is a                                                               
problem solver. She imagines the  issues will be the same; gather                                                               
facts and make  a fair assessment. In this case  the statutes are                                                               
guiding. She  believes that she  brings common sense  and problem                                                               
solving  skills to  the  commission. She  views  the position  as                                                               
being an advocate for the state, and for the people of Alaska.                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if  there are  instances that  she's                                                               
seen of judicial conduct that  should have been punished, or that                                                               
was punished that should not have been.                                                                                         
                                                                                                                                
MS. DEMBOSKI  replied she  is unbiased  because she  doesn't know                                                               
any judges,  has no axe to  grind, and is not  a cynic. Generally                                                               
she believes the judges are good  people who are trying to do the                                                               
best  they  can.  People  do  sometimes  act  inappropriately  or                                                               
illegally, and if they do they should be held accountable.                                                                      
                                                                                                                                
2:20:09 PM                                                                                                                    
CHAIR FRENCH asked  if she had had any contact  with the judicial                                                               
system.                                                                                                                         
                                                                                                                                
MS. DEMBOSKI answered the most  contact is that she observed some                                                               
trials, as a class assignment.                                                                                                  
                                                                                                                                
2:20:57 PM                                                                                                                    
                                                                                                                                
DAVID HAEG, representing himself, read a letter, as follows:                                                                    
                                                                                                                                
     My name  is David  Haeg and I  represent myself  and my                                                                    
     family.                                                                                                                    
                                                                                                                                
     I  thank   the  Senate  Judiciary  Committee   for  the                                                                    
     opportunity to speak today.                                                                                                
                                                                                                                                
     Ms.  Demboski  has stated  that  she  applied to  be  a                                                                    
     member of  the Commission  on Judicial  Conduct because                                                                    
     she is  a public-minded individual with  an interest in                                                                    
     the  law  and,  as  such,  wants  to  ensure  fair  and                                                                    
     equitable treatment  for all parties involved  in court                                                                    
     cases.                                                                                                                     
                                                                                                                                
     Given this assurance on her  part, I would hope that if                                                                    
     evidence of  malfeasance on  the part  of a  judge, the                                                                    
     commission and/or  its sole investigator came  to light                                                                    
     that she would follow up  on this evidence and see that                                                                    
     the  matter is  fully vetted  and not  swept under  the                                                                    
     carpet, especially if the  information was forwarded to                                                                    
       the Commission by a Superior Court Judge and also                                                                        
     provided to the Ombudsman.                                                                                                 
                                                                                                                                
     I look  forward to hearing  her thoughts on  this issue                                                                    
     and trust that  if confirmed she will not  fall prey to                                                                    
     the "good ol'boy mentality" of  cronyism in the face of                                                                    
     judicial corruption and investigatory negligence.                                                                          
                                                                                                                                
        Again, thank you to the Chair and the Committee                                                                         
     members for taking my comments.                                                                                            
                                                                                                                                
2:22:24 PM                                                                                                                    
THOMAS STEPNOSKI,  representing himself,  Kenai, said he  met Ms.                                                               
Demboski at the  last AJCC hearing and he was  impressed with her                                                               
testimony before  the House.  He asked her  to always  use common                                                               
sense.                                                                                                                          
                                                                                                                                
2:23:46 PM                                                                                                                    
CHAIR FRENCH closed public testimony.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  moved to forward  the name Amy  Demboski to                                                               
the full body for consideration.                                                                                                
                                                                                                                                
CHAIR  FRENCH announced  that  without  objection Ms.  Demboski's                                                               
name  would be  forwarded to  a joint  meeting of  the House  and                                                               
Senate for confirmation.                                                                                                        
                                                                                                                                
                    Alaska Judicial Council                                                                                 
                                                                                                                                
2:24:17 PM                                                                                                                    
CHAIR FRENCH asked  Mr. Haase to state his  name and affiliation,                                                               
if  any, and  his  interest  in serving  on  the Alaska  Judicial                                                               
Council.                                                                                                                        
                                                                                                                                
2:24:46 PM                                                                                                                    
DONALD  J.  HAASE,  Appointee, Alaska  Judicial  Council,  Valdez                                                               
stated that  he first visited Alaska  in 1972 and never  left. He                                                               
has worked for various contractors  at the Valdez marine terminal                                                               
since 1995; currently he is  working as an electrical designer to                                                               
upgrade  the pipeline's  fire protection  system. His  experience                                                               
with the  court is  limited to  two separate  adoptions, one-time                                                               
service as a  juror, and one mandatory appearance  for a speeding                                                               
ticket. His  interest in  the position  stems from  his political                                                               
science degree  that included several prelaw  classes, which gave                                                               
him a firm  grasp of how the  system is designed to  work and why                                                               
it is set up as it is. He  related that he has served as a Valdez                                                               
planning and zoning commissioner since  2004. In this capacity he                                                               
has  participated in  public hearings  and discussions.  He would                                                               
take  public testimony,  weigh  arguments from  all  sides of  an                                                               
issue,  and  chose  the  strongest. In  addition  he  brings  the                                                               
experience of having run a  political campaign for House District                                                               
12 to  the table. This  provided an  opportunity to speak  with a                                                               
large  number  of people  on  a  diverse  variety of  topics.  He                                                               
pledged to be  an unbiased, thoughtful, and  considerate judge if                                                               
confirmed.                                                                                                                      
                                                                                                                                
2:27:40 PM                                                                                                                    
CHAIR  FRENCH pointed  out that  the Alaska  Judicial Council  is                                                               
made up of  seven members, each of whom are  appointed for a six-                                                               
year  term.  The  council  is  comprised  of  three  non-attorney                                                               
members who  are appointed  by the Governor  with regard  to area                                                               
representation  and  without  regard  to  political  affiliation;                                                               
three attorneys who are appointed  by the Alaska Bar Association;                                                               
and the Chief Justice who sits  ex-officio and as chair. Only the                                                               
non-attorney   members   appear   before  the   Legislature   for                                                               
confirmation. He noted  that he asked Mr. Cohn  from the Judicial                                                               
Council  to  be available  to  answer  questions about  the  area                                                               
representation  issue. This  nomination  is a  concern, he  said,                                                               
because the person  who is leaving the council  is from Ketchikan                                                               
and Mr. Haase is from Valdez.                                                                                                   
                                                                                                                                
CHAIR FRENCH asked Mr. Haase if  he thinks that the Alaska courts                                                               
skew to the liberal side, the conservative side, or the middle.                                                                 
                                                                                                                                
MR.  HAASE replied  they do  a  fairly good  job of  representing                                                               
Alaskans. Very  few judges are  voted off the court  when they're                                                               
reviewed.                                                                                                                       
                                                                                                                                
CHAIR  FRENCH  asked  if he's  saying  that  they're  politically                                                               
aligned with the rest of the state.                                                                                             
                                                                                                                                
MR. HAASE answered yes.                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  he had an  opinion on  how Alaska                                                               
appoints its judges and if the process should be changed.                                                                       
                                                                                                                                
MR. HAASE responded that he's  read the Constitutional Convention                                                               
minutes  about  the  potential for  political  tampering  in  the                                                               
election  process and  more and  more he's  come to  believe that                                                               
this is a good way to  appoint judges. However, he didn't see any                                                               
evidence of that  in Michigan where he was raised  so he wouldn't                                                               
be opposed  to changing the  process. He  added that while  he is                                                               
committed to working  through the current process,  he could also                                                               
support  changing  to the  federal  process  where the  president                                                               
appoints  whomever   he  wants   and  the  Senate   confirms  the                                                               
appointment.                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  he would  work  to  change  the                                                               
constitution in this regard if he were to be appointed.                                                                         
                                                                                                                                
MR. HAASE  answered he didn't have  that in mind when  he applied                                                               
for  the   position.  Changing  the  process   would  require  an                                                               
amendment  to  the  constitution  and  being  on  the  commission                                                               
probably wouldn't help at all, he added.                                                                                        
                                                                                                                                
2:31:21 PM                                                                                                                    
SENATOR  PASKVAN  asked him  to  comment  on  the fact  that  his                                                               
website  that  identified his  core  beliefs  was recently  taken                                                               
down.                                                                                                                           
                                                                                                                                
MR.  HAASE replied  he  had  a campaign  website  for the  recent                                                               
primary election  and he closed  that in  order to close  out his                                                               
Alaska Public Offices Commission (APOC) paperwork.                                                                              
                                                                                                                                
SENATOR PASKVAN  asked if  part of  the purpose  was to  deny the                                                               
public or the Legislature accesses  to information about his core                                                               
beliefs.                                                                                                                        
                                                                                                                                
MR. HAASE answered no.                                                                                                          
                                                                                                                                
SENATOR PASKVAN asked  if he had made  comments about potentially                                                               
barring  the judiciary  from  considering certain  constitutional                                                               
challenges.                                                                                                                     
                                                                                                                                
MR. HAASE  asked if  that was  in a  questionnaire he  filled out                                                               
because he didn't recall that reference.                                                                                        
                                                                                                                                
SENATOR PASKVAN  responded it's  in your  status as  president of                                                               
Eagle Forum Alaska.                                                                                                             
                                                                                                                                
MR. HAASE asked if he's referring to the Eagle Forum blog.                                                                      
                                                                                                                                
SENATOR PASKVAN asked if he is president of Eagle Forum Alaska.                                                                 
                                                                                                                                
MR. HAASE  answered no.  "I was  until I  took this  position and                                                               
then I stepped  down because I don't see that  I have enough time                                                               
to do both well," he added.                                                                                                     
                                                                                                                                
SENATOR  PASKVAN  asked  if  in  that  forum  he  identified  the                                                               
judiciary as an imperial judiciary.                                                                                             
                                                                                                                                
MR. HAASE replied, "I don't believe I did."                                                                                     
                                                                                                                                
SENATOR PASKVAN asked if he  advances that concept, which was set                                                               
forth in the blog while he was president of Eagle Forum Alaska.                                                                 
                                                                                                                                
MR. HAASE responded:                                                                                                            
                                                                                                                                
     I was only  president for about two months  and I don't                                                                    
     believe  we  updated  the  blog  at  all  while  I  was                                                                    
     president. Many of  the posts to the blog  have my name                                                                    
     on  them  because  I  was  the  one  that  was  posting                                                                    
     comments that came in from  the public. The way it went                                                                    
     was the president  would vet the comments  to make sure                                                                    
     there [weren't] cuss words  or other violent statements                                                                    
     and that  type, and then  she would forward them  to me                                                                    
     and I posted  them just to save her the  time of having                                                                    
     to do  that. So  there will be  for probably  about two                                                                    
     years  worth, just  about every  comment  on there  was                                                                    
     posted by  me, but you  also see in there  who actually                                                                    
     wrote it would be in the post.                                                                                             
                                                                                                                                
SENATOR  PASKVAN asked  what role  of the  judiciary he  believes                                                               
should  be limited.  He added  that  there were  comments on  the                                                               
Eagle Forum Alaska website that  addressed barring the court from                                                               
considering  certain constitutional  challenges. For  example, he                                                               
said,   dealing  with   the  pledge   of   allegiance,  the   Ten                                                               
Commandments, or the definition of marriage.                                                                                    
                                                                                                                                
MR.  HAASE replied  he  wasn't  sure; he  didn't  write that  and                                                               
doesn't have that before him.                                                                                                   
                                                                                                                                
2:34:42 PM                                                                                                                    
SENATOR PASKVAN  asked if  he believes that  the posting  on that                                                               
blog  is  accurate  where  it calls  the  judiciary  an  imperial                                                               
judiciary.                                                                                                                      
                                                                                                                                
MR. HAASE replied:                                                                                                              
                                                                                                                                
     I believe  it can be.  If it's  allowed to be  it could                                                                    
     be, but in Alaska we have  standards set up to where we                                                                    
     the  people  review  the judges  on  a  periodic  basis                                                                    
     depending  on which  level we're  talking about.  So in                                                                    
     that sense  no, because  we are able  to vote  them off                                                                    
     the bench  so we're  still in charge  just like  we are                                                                    
     over our representatives.                                                                                                  
                                                                                                                                
SENATOR PASKVAN  asked if  he recalls the  other postings  on the                                                               
blog about  felony prosecution of  those engaged  in extramarital                                                               
sexual affairs.                                                                                                                 
                                                                                                                                
MR. HAASE answered no.                                                                                                          
                                                                                                                                
SENATOR PASKVAN asked if he  believes that there should be felony                                                               
prosecution of people involved in extramarital affairs.                                                                         
                                                                                                                                
MR.  HAASE replied  he  doesn't see  that that  would  rise to  a                                                               
felony level.                                                                                                                   
                                                                                                                                
SENATOR PASKVAN asked if it's a crime.                                                                                          
                                                                                                                                
MR. HAASE  answered he doesn't  know the  law it that  regard; it                                                               
may  be  a  crime  but  he  doesn't  recall  that  anyone's  been                                                               
prosecuted for that.                                                                                                            
                                                                                                                                
SENATOR PASKVAN asked if he believes that it should be a crime.                                                                 
                                                                                                                                
MR. HAASE  answered yes; extramarital affairs  are harmful. "It's                                                               
harmful to children and it's harmful  to the spouse who entered a                                                               
legally binding agreement to marry  the person that's cheating on                                                               
them."                                                                                                                          
                                                                                                                                
SENATOR  PASKVAN asked  if he  believes  that premarital  affairs                                                               
should be a crime.                                                                                                              
                                                                                                                                
MR. HAASE replied he isn't sure,  but it certainly would be up to                                                               
the voters. He added:                                                                                                           
                                                                                                                                
     If it  came before me as  a vote I probably  would vote                                                                    
     for  it, I'm  not real  certain about  that. I  can see                                                                    
     where  it  would  be  a  matter for  the  state  to  be                                                                    
     involved with because of the  spread of disease and the                                                                    
     likelihood  that it  would cause  violence.  I can  see                                                                    
     legitimate reasons  to push that  as a crime.  But it's                                                                    
     not  something that  I'm strongly  convinced about  and                                                                    
     it's certainly  not something I'm  going to be  able to                                                                    
     push through  this application. I'm  not sure  why this                                                                    
     is even coming up.                                                                                                         
                                                                                                                                
SENATOR PASKVAN  asked if  he would agree  that his  core beliefs                                                               
and  attitudes  are  important  since  he will  have  a  role  in                                                               
judgeship appointments.                                                                                                         
                                                                                                                                
MR. HAASE said yes, but  his political views on any controversial                                                               
issue would  be irrelevant for  two reasons. First,  judges don't                                                               
make laws and he wouldn't want a  judge to take his views and try                                                               
to  make them  into law.  The  second reason  that his  political                                                               
views are not too important to  this appointment is that it would                                                               
be  a convoluted  process for  the  judicial council  to try  and                                                               
change the law.  This isn't the place to change  the law and it's                                                               
a slim chance that  a judge will make a decision  on any of these                                                               
hot-button  issues  because  they'll   be  dealing  with  traffic                                                               
violations, domestic disputes, petty crimes, and small claims.                                                                  
                                                                                                                                
2:39:20 PM                                                                                                                    
SENATOR PASKVAN asked what he  believes the role of the judiciary                                                               
is with respect to majority rule in general.                                                                                    
                                                                                                                                
MR.  HAASE replied  judges should  have  a deep  respect for  the                                                               
Legislature,  the law,  and the  constitution.  Judges should  be                                                               
fair  and  balanced and  consider  legislative  intent and  their                                                               
personal views should be set aside, he added.                                                                                   
                                                                                                                                
SENATOR  PASKVAN asked  if he  believes that  government has  the                                                               
power to stop unhealthy choices in the pursuit of happiness.                                                                    
                                                                                                                                
MR. HAASE replied  the government does that all the  time. He has                                                               
to  wear a  seatbelt, he  can't drive  drunk, and  the government                                                               
dictates at what age people can smoke and drink.                                                                                
                                                                                                                                
SENATOR  PASKVAN asked  if he  recalls that  the Haase  for House                                                               
campaign website  had a  specific section  related to  pursuit of                                                               
happiness.                                                                                                                      
                                                                                                                                
MR. HAASE said yes.                                                                                                             
                                                                                                                                
SENATOR  PASKVAN asked  if he  recalls  that in  that section  he                                                               
said:                                                                                                                           
                                                                                                                                
     The  pursuit  of  happiness is  about  much  more  than                                                                    
     acquiring wealth or  status. It is about  being free to                                                                    
     do whatever  God has  called you to  do. When  a person                                                                    
     makes unhealthy  choices in  the pursuit  of happiness,                                                                    
     there is  nothing that government  can or should  do to                                                                    
     make  that person  happy. There  can  be no  government                                                                    
     guarantee of happiness.                                                                                                    
                                                                                                                                
SENATOR PASKVAN  again asked if  he believes that  government has                                                               
the power to stop unhealthy choices in the pursuit of happiness.                                                                
                                                                                                                                
MR.  HAASE  clarified that  he  meant  that  a person  who  makes                                                               
unhealthy choices will bear the  consequences. For example, if he                                                               
eats  poorly and  gets  fat he  will bear  the  health risks  and                                                               
diseases that  come with it. What  he was getting at  is that the                                                               
government shouldn't  get involved in  trying to make  him happy.                                                               
It's my fault if I make the wrong  choice and end up poor and the                                                               
government  shouldn't hand  me your  money  in order  to make  me                                                               
happy, he stated.                                                                                                               
                                                                                                                                
2:42:19 PM                                                                                                                    
SENATOR  PASKVAN  asked if  he  believes  that diversity  in  the                                                               
judiciary is important.                                                                                                         
                                                                                                                                
MR. HAASE answered yes.                                                                                                         
                                                                                                                                
CHAIR  FRENCH  said the  issue  is  if  you  can set  aside  your                                                               
personal political views  when judging the merits  of someone who                                                               
steps forward to be a judge.                                                                                                    
                                                                                                                                
MR. HAASE replied  he certainly can. He reiterated  that it would                                                               
be impractical to  push his political views in this  venue and it                                                               
would be  wrong as well.  Judges follow  the law they  don't make                                                               
the  law. Finally,  he said,  I'll be  taking an  oath to  try to                                                               
prevent  political  considerations  from outweighing  fitness  in                                                               
recommending judgeship and public defender nominations.                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   he  believes  that  there  are                                                               
activists judges on the Alaska bench.                                                                                           
                                                                                                                                
MR. HAASE said he can't think of any off the top of his head.                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  if   he  considers   any  judicial                                                               
decisions to have been activist judicial decisions.                                                                             
                                                                                                                                
MR. HAASE replied  he doesn't believe that's  relevant because he                                                               
would influence judges'  decisions in this position. "If  I saw a                                                               
candidate  that  I  thought  for  some reason  was  going  to  be                                                               
activist  - that  something they  said seemed  to imply  that the                                                               
reason they were  applying was because they wanted  to change the                                                               
law, then yes I would probably  vote against them based on that,"                                                               
he added.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked  him to give examples  of decisions he                                                               
deems activist that  would therefore make a  judge unqualified to                                                               
sit on the bench.                                                                                                               
                                                                                                                                
2:45:47 PM                                                                                                                    
MR. HAASE  said Roe v.  Wade was definitely an  activist decision                                                               
that was better  left to the electoral process.  Things like that                                                               
where the  judiciary makes  up a  new right  would be  the things                                                               
that would make a judge unqualified.                                                                                            
                                                                                                                                
CHAIR FRENCH  asked if he would  forward the name of  a judge who                                                               
was otherwise  qualified, but  who supported  a woman's  right to                                                               
choose.                                                                                                                         
                                                                                                                                
MR. HAASE said  yes and reiterated his belief  that it's unlikely                                                               
that a particular  judge would rule on  an abortion-related case.                                                               
The  qualities he  would  look for  in a  judge  are empathy  and                                                               
knowledge  the  law.  One particular  issue  wouldn't  disqualify                                                               
anyone.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH said  you  have  a good  understanding  of how  the                                                               
system works, but  if confirmed you will have  the opportunity to                                                               
shape the field of candidates who  are seated on the Alaska Court                                                               
of Appeals  and the  Alaska Supreme  Court. Things  like parental                                                               
notification  and  choice  issues  come  up  regularly  in  those                                                               
courts.                                                                                                                         
                                                                                                                                
2:47:54 PM                                                                                                                    
MR.  HAASE  reiterated  that  one   belief  wouldn't  trump  good                                                               
qualifications.                                                                                                                 
                                                                                                                                
SENATOR  PASKVAN   asked  if  he   believes  that  it   would  be                                                               
appropriate  to commit  that  he  would not  work  to change  the                                                               
constitution as  to the Judicial  Council if he was  confirmed to                                                               
sit on the council.                                                                                                             
                                                                                                                                
MR. HAASE replied he could easily commit to that.                                                                               
                                                                                                                                
SENATOR COGHILL asked if the  nonpublic members get the same type                                                               
of scrutiny as the public members.                                                                                              
                                                                                                                                
CHAIR  FRENCH  said the  Alaska  Bar  Association appoints  three                                                               
attorney members  to the council and  he would defer to  Mr. Cohn                                                               
to explain the vetting process.                                                                                                 
                                                                                                                                
2:49:33 PM                                                                                                                    
LARRY   COHN,  Executive   Director,  Alaska   Judicial  Council,                                                               
explained  that  the  Board  of   Governors  of  the  Alaska  Bar                                                               
Association solicits  applicants who  are members  of the  bar by                                                               
judicial district  because of the constitutional  requirement for                                                               
geographical  diversity. For  example, if  there's an  opening in                                                               
district 3 they will solicit  applicants from among the attorneys                                                               
in  that district.  Attorneys  in that  district  are polled  for                                                               
feedback  as  to  the applicants'  qualifications  and  with  the                                                               
benefit  of   that  poll   the  Board   of  Governors   makes  an                                                               
appointment.  He said  he doesn't  know what  criteria the  board                                                               
applies because he hasn't been privy to that discussion.                                                                        
                                                                                                                                
SENATOR   COGHILL  said   he  didn't   anticipate  the   line  of                                                               
questioning  that  happened  today  and  he'd  be  interested  in                                                               
finding out more about the  poling. It's probably a valuable line                                                               
of questioning, he added.                                                                                                       
                                                                                                                                
CHAIR FRENCH said he too has  become curious and will try to find                                                               
out  more  about  the  vetting  process  used  by  the  Board  of                                                               
Governors.                                                                                                                      
                                                                                                                                
2:51:51 PM                                                                                                                    
CHAIR  FRENCH asked  Mr. Cohn  to  tell the  committee what  area                                                               
representation means  and the history  of that  qualification for                                                               
the public members of the council like Mr. Haase.                                                                               
                                                                                                                                
MR. COHN  said the constitution  states that appointments  to the                                                               
judicial  council  shall   be  made  with  due   regard  to  area                                                               
representation  to  ensure  that  the  council  has  geographical                                                               
diversity.  A review  of  the  Constitutional Convention  minutes                                                               
clearly indicates that  the framers intent in that  regard was to                                                               
ensure familiarity  with the legal  culture, the judges,  and the                                                               
applicants within  a judicial district.  It's also  beneficial to                                                               
have a  diversity of viewpoints on  the council and over  its 52-                                                               
year history the council has had geographical diversity.                                                                        
                                                                                                                                
2:54:07 PM                                                                                                                    
CHAIR FRENCH asked  how long he's been executive  director of the                                                               
Alaska Judicial Council.                                                                                                        
                                                                                                                                
MR. COHN  replied it's  been nearly 10  years. His  experience is                                                               
that they've had a representative  on the council from the first,                                                               
third, and  fourth judicial districts and  geographical diversity                                                               
has  been  commonly  understood   to  mean  within  the  judicial                                                               
districts.  Voters only  vote on  judges  for retention  purposes                                                               
within  their  judicial district  so  that's  the way  it's  been                                                               
interpreted.  He doesn't  recall having  members from  the second                                                               
judicial  district. The  principle  venues in  that district  are                                                               
Nome, Kotzebue, and Bethel and it's  very small in terms of court                                                               
locations,  court  cases,  and  attorneys.  During  his  term  as                                                               
executive  director   and  historically   the  council   has  had                                                               
diversity  from the  other  three districts.  He  noted that  the                                                               
position to  which Mr.  Haase has  been nominated  was previously                                                               
occupied by  someone from  Ketchikan. In  the 52-year  history of                                                               
the  judicial council  there has  had  a public  member from  the                                                               
first judicial  district in all  but two years.  Julie Willoughby                                                               
currently  sits on  the council  as an  attorney member  from the                                                               
first judicial district.                                                                                                        
                                                                                                                                
2:56:42 PM                                                                                                                    
SENATOR PASKVAN  asked Mr. Haase  why he didn't include  his role                                                               
as president of  Eagle Forum Alaska on his resume.  He noted that                                                               
the website indicates that it's  closed for maintenance and asked                                                               
if  it  might be  reopened  after  this confirmation  process  is                                                               
completed.                                                                                                                      
                                                                                                                                
MR. HAASE  replied, "The reason  it wasn't included is  because I                                                               
don't  believe   I  was  even   a  president  when  I   filed  my                                                               
application.  I first  applied for  this  position when  Kathleen                                                               
Tompkins-Miller was appointed, and  then my application was still                                                               
on file  when this appointment came  up. So that's why  it wasn't                                                               
listed. Like I said, I was  only president for a couple of months                                                               
and then I resigned as soon as  I got the call that this position                                                               
might be available."                                                                                                            
                                                                                                                                
SENATOR PASKVAN  pointed out  that a resume  goes back  for years                                                               
and  then asked  how  long  he had  participated  in Eagle  Forum                                                               
Alaska to advance to the position of president.                                                                                 
                                                                                                                                
MR. HAASE  recalled that he signed  on sometime in 2005  or 2006.                                                               
He added that  he's sure that the website has  been down for over                                                               
a year.                                                                                                                         
                                                                                                                                
SENATOR PASKVAN  asked why  he didn't include  his role  in Eagle                                                               
Forum Alaska - including the presidency, on his resume.                                                                         
                                                                                                                                
MR. HAASE  replied, "I guess  I didn't  see it as  significant as                                                               
far as being on  it. As far as being president,  I wasn't. Like I                                                               
said, I  wasn't president so  I wouldn't have included  that." He                                                               
added that  he also didn't  mention that he  is the chair  of his                                                               
church board and has been for about the same timeframe.                                                                         
                                                                                                                                
SENATOR PASKVAN  asked if  there is  any thought  about reopening                                                               
the Eagle Forum Alaska web at some future time.                                                                                 
                                                                                                                                
MR. HAASE replied  he didn't know because he  didn't maintain the                                                               
website. The former president stopped  maintaining the website at                                                               
least a year ago and he stepped  in to help maintain the blog for                                                               
a couple of years, but there  wasn't much response and it was too                                                               
much to maintain for the amount of interest it generated.                                                                       
                                                                                                                                
3:00:07 PM                                                                                                                    
CHAIR FRENCH  thanked Mr. Haase  and announced he would  hold the                                                               
nomination  over to  look  more  deeply into  the  issue of  area                                                               
representation.                                                                                                                 
                                                                                                                                
MR. HAASE  said he  understands that concern  but he  would point                                                               
out  that  neither Valdez  nor  any  other Prince  William  Sound                                                               
community has had representation  on the council. His appointment                                                               
would broaden  the representation  on the commission.  He pointed                                                               
out that  since statehood judicial  district 1 has had  24 people                                                               
on the  council, judicial  district 3  has had  23 people  on the                                                               
council,  and district  4,  has  had 20  people  on the  council.                                                               
Appointments  from these  districts  has been  fairly even  while                                                               
district  2  has   only  had  2  appointments   in  history.  "My                                                               
appointment  is certainly  in line  with…geographic balance,"  he                                                               
stated.                                                                                                                         
                                                                                                                                
3:01:50 PM                                                                                                                    
TERRY MILLER,  representing herself, said she  is also testifying                                                               
as the managing editor of the  Ketchikan Daily News. She said her                                                               
concern with  the appointment  of Mr.  Haase relates  to location                                                               
and  geographic representation.  This appointment  is significant                                                               
to Southeast Alaska. She pointed  out that people from Valdez can                                                               
easily  get to  Anchorage,  but  it's not  easy  for people  from                                                               
Southeast   to   get   anywhere.  If   Southeast   doesn't   have                                                               
representation  on the  council  it misses  getting  to know  the                                                               
people  from  Southeast  that  they're   judging  and  people  in                                                               
Southeast lose  the opportunity to  give their views on  who will                                                               
be  judging  them.  It  would  be  a  significant  lapse  if  the                                                               
Southeast seat isn't maintained, she stated.                                                                                    
                                                                                                                                
3:03:56 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French adjourned the meeting at 3:03 p.m.                                                                                 

Document Name Date/Time Subjects