Legislature(2023 - 2024)BUTROVICH 205

04/17/2023 01:30 PM Senate JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
01:30:24 PM Start
01:31:06 PM Confirmation Hearing(s)
01:50:24 PM SB61
01:51:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Consideration of Governor’s Appointees: Alaska
+ Judicial Council - Dennis DeWitt TELECONFERENCED
-- Public Testimony --
Consideration of Governor’s Appointees: Board
of Governors of the Alaska Bar - William Granger
-- Public Testimony --
+= SB 61 US PRESIDENT ELECT. POPULAR VOTE COMPACT TELECONFERENCED
Moved SB 61 Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 17, 2023                                                                                         
                           1:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Matt Claman, Chair                                                                                                      
Senator James Kaufman                                                                                                           
Senator Cathy Giessel                                                                                                           
Senator Löki Tobin                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Jesse Kiehl, Vice Chair                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Alaska Judicial Council                                                                                                       
Dennis DeWitt - Juneau                                                                                                          
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                          
William Granger - Anchorage                                                                                                     
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
SENATE BILL NO. 61                                                                                                              
"An Act relating to an  interstate compact to elect the President                                                               
and  Vice-President  of the  United  States  by national  popular                                                               
vote; and  relating to the  selection of electors  for candidates                                                               
for President and Vice-President of  the United States and to the                                                               
duties of those electors."                                                                                                      
                                                                                                                                
      MOVED SB 61 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  61                                                                                                                  
SHORT TITLE: US PRESIDENT ELECT. POPULAR VOTE COMPACT                                                                           
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
02/07/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/23       (S)       JUD, STA                                                                                               
03/13/23       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
03/13/23       (S)       Heard & Held                                                                                           
03/13/23       (S)       MINUTE(JUD)                                                                                            
04/17/23       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DENNIS DEWITT, Appointee                                                                                                        
Alaska Judicial Council                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  Testified as  an  appointee  to the  Alaska                                                             
Judicial Council.                                                                                                               
                                                                                                                                
WILLIAM GRANGER, Appointee                                                                                                      
Board of Governors of the Alaska Bar                                                                                            
Office of the Governor                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified for reappointment to  the Board of                                                             
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:30:24 PM                                                                                                                    
CHAIR MATT CLAMAN called the  Senate Judiciary Standing Committee                                                             
meeting to order  at 1:30 p.m. Present at the  call to order were                                                               
Senators  Giessel,  Tobin,  and  Chair  Claman.  Senator  Kaufman                                                               
arrived immediately thereafter.                                                                                                 
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
                    CONFIRMATION HEARING(S)                                                                                 
                    ALASKA JUDICIAL COUNCIL                                                                                 
              BOARD OF GOVERNORS OF THE ALASKA BAR                                                                          
                                                                                                                                
1:31:06 PM                                                                                                                    
CHAIR CLAMAN  announced the consideration of  Governor Appointees                                                               
to the Alaska Judicial Council and  the Board of Governors of the                                                               
Alaska Bar.                                                                                                                     
                                                                                                                                
1:31:26 PM                                                                                                                    
CHAIR CLAMAN opened public testimony.                                                                                           
                                                                                                                                
1:31:37 PM                                                                                                                    
SENATOR KAUFMAN joined the committee.                                                                                           
                                                                                                                                
CHAIR CLAMAN invited Mr. DeWitt to testify.                                                                                     
                                                                                                                                
1:31:57 PM                                                                                                                    
DENNIS  DEWITT,  Appointee,   Alaska  Judicial  Council,  Juneau,                                                               
Alaska,  testified  as  an  appointee   to  the  Alaska  Judicial                                                               
Council.  He relayed  his personal  and professional  history. He                                                               
remarked   that    his   background   prepared   him    for   the                                                               
responsibilities of the council.  His skills and responsibilities                                                               
include  the ability  to  listen,  review pertinent  information,                                                               
remember the  state's diversity and make  fair judicial applicant                                                               
recommendations.                                                                                                                
                                                                                                                                
1:33:26 PM                                                                                                                    
SENATOR GIESSEL  remarked that the  Alaska Judicial Council  is a                                                               
controversial entity. She wondered  what Mr. DeWitt thought about                                                               
the hypothetical deletion of the  Alaska Judicial Council and its                                                               
authority to put forth names to the governor.                                                                                   
                                                                                                                                
MR.  DEWITT   replied  that  he   believed  that   the  council's                                                               
candidate-review  process was  effective. He  shared his  concern                                                               
about the council's  lack of transparency. He  expressed his wish                                                               
that the council could offer  a greater number of recommendations                                                               
to the governor.                                                                                                                
                                                                                                                                
SENATOR GIESSEL  asked if he  would support the  council offering                                                               
occasional  press  releases  about  the names  forwarded  to  the                                                               
governor. She wondered about the  council sharing specific voting                                                               
details. She  referred to consternation about  attorneys  running                                                               
the show on the Alaska Judicial Council.                                                                                        
                                                                                                                                
1:35:25 PM                                                                                                                    
MR. DEWITT  replied that  all council votes  are included  in the                                                               
public   record,  but   he  supports   the   notion  of   greater                                                               
transparency. He shared his  philosophy that greater transparency                                                               
and  inclusivity   are  always  best.  He   remarked  that  state                                                               
government belongs  to all Alaskans and  they have a right  to be                                                               
informed.                                                                                                                       
                                                                                                                                
1:36:06 PM                                                                                                                    
SENATOR TOBIN asked him to expound on  what he views as a lack of                                                               
transparency and what he might do to address it.                                                                                
                                                                                                                                
MR.  DEWITT replied  that council  executive  sessions should  be                                                               
limited to topics that are inappropriate for public discussion.                                                                 
                                                                                                                                
1:37:20 PM                                                                                                                    
SENATOR  TOBIN recapped  her understanding  of his  response. She                                                               
wondered  if he  interpreted that  the council  entered executive                                                               
sessions without consideration  about privileged information. She                                                               
wondered if he  might instead wish to bring  transparency via his                                                               
participation and intent.                                                                                                       
                                                                                                                                
MR. DEWITT replied  that both things are true. He  stated that he                                                               
was sworn during last week's  meeting. He recounted the council's                                                               
executive session  where a litigation strategy  was discussed. He                                                               
reflected later on his discomfort  with a certain comment, and he                                                               
realized that further conversation was needed going forward.                                                                    
                                                                                                                                
1:38:50 PM                                                                                                                    
CHAIR  CLAMAN  followed  up  on   Senator  Tobin's  question.  He                                                               
understood  that   the  council   discussed  the   strengths  and                                                               
weaknesses  of  different   judicial  nominees  during  executive                                                               
sessions. He wondered if Mr. DeWitt agreed with that tradition.                                                                 
                                                                                                                                
MR.  DEWITT opined  that conversations  about  the strengths  and                                                               
weaknesses of  judicial nominees  should continue  to be  held in                                                               
executive sessions.                                                                                                             
                                                                                                                                
CHAIR  CLAMAN restated  Mr. DeWitts   comment  that the  judicial                                                               
nominee discussions should be held in executive session.                                                                        
                                                                                                                                
MR. DEWITT concurred with Senator Claman.                                                                                       
                                                                                                                                
1:40:13 PM                                                                                                                    
CHAIR  CLAMAN  recalled  that the  nomination  standard  involves                                                               
choosing  two  nominees who  are  among  the most  qualified.  He                                                               
queried  Mr.   DeWitt's  comfort  in  applying   the  traditional                                                               
standard.                                                                                                                       
                                                                                                                                
MR. DEWITT  replied that neither  he nor Senator Claman  had been                                                               
privy to past  executive sessions. He stated  that forwarding two                                                               
nominees was  set in regulation,  and its interpretation  was the                                                               
question. He  believed that  the rating system  played a  role in                                                               
the number of nominees chosen.                                                                                                  
                                                                                                                                
CHAIR  CLAMAN  interpreted  that   Mr.  DeWitt  felt  comfortable                                                               
applying the regulation the council  adopted until the regulation                                                               
is changed.                                                                                                                     
                                                                                                                                
MR. DEWITT affirmed Chair Claman's interpretation.                                                                              
                                                                                                                                
1:43:43 PM                                                                                                                    
SENATOR  CLAMAN  noted  that  Mr.  DeWitt's  daughter  is  Deputy                                                               
Attorney  General Cori  Mills. He  asked Mr.  DeWitt if  he would                                                               
feel compelled  to recuse himself  from council  deliberations if                                                               
Ms. Mills were to apply for a position on the judiciary.                                                                        
                                                                                                                                
MR. DEWITT replied that he absolutely would recuse himself.                                                                     
                                                                                                                                
CHAIR CLAMAN appreciated and expected the response.                                                                             
                                                                                                                                
MR. DEWITT  stated that if his  daughter opts to become  a judge,                                                               
he will step down from his council service.                                                                                     
                                                                                                                                
1:44:44 PM                                                                                                                    
SENATOR GIESSEL  asked if  he would continue  his service  on the                                                               
Alaska Labor Relations Board.                                                                                                   
                                                                                                                                
MR. DEWITT replied  that he had already resigned,  as required by                                                               
statute and the constitution.                                                                                                   
                                                                                                                                
CHAIR  CLAMAN invited  William Granger  to provide  his testimony                                                               
for reappointment to the Board of Governors of the Alaska Bar.                                                                  
                                                                                                                                
1:46:03 PM                                                                                                                    
WILLIAM  GRANGER, Appointee,  Board  of Governors  of the  Alaska                                                               
Bar,  Office of  the Governor,  Anchorage, Alaska,  testified for                                                               
reappointment to  the Board  of Governors of  the Alaska  Bar. He                                                               
reported  serving  the  board  for   20  years.  He  enjoyed  the                                                               
rewarding and  important public service.  He stated that  most of                                                               
his tenure  involved serving  as the  treasurer and  he witnessed                                                               
the board  mature financially during  his tenure. He  shared that                                                               
he was a lifelong Alaskan and a banker by trade.                                                                                
                                                                                                                                
1:47:56 PM                                                                                                                    
CHAIR CLAMAN asked  whether public members have  a voice compared                                                               
to the attorney members.                                                                                                        
                                                                                                                                
MR.  GRANGER  opined  that  the   public  member    influence  is                                                               
prevalent.   He  stated   that  public   members'  opinions   are                                                               
considered respectfully.                                                                                                        
                                                                                                                                
1:49:43 PM                                                                                                                    
CHAIR  CLAMAN  opened  public   testimony  on  the  appointments;                                                               
finding none, he closed public testimony.                                                                                       
                                                                                                                                
1:49:48 PM                                                                                                                    
SENATOR  TOBIN   stated  that   the  Senate   Judiciary  Standing                                                               
Committee reviewed the following  and recommends the appointments                                                               
be forwarded to a joint session for consideration:                                                                              
                                                                                                                                
Alaska Judicial Council                                                                                                       
Dennis DeWitt - Juneau                                                                                                          
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                          
William Granger - Anchorage                                                                                                     
                                                                                                                                
Signing  the   reports  regarding  appointments  to   boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the  appointees;   the  nominations  are  merely                                                               
forwarded to the full legislature for confirmation or rejection.                                                                
                                                                                                                                
CHAIR CLAMAN found  no objection and stated that  the names would                                                               
be forwarded.                                                                                                                   
                                                                                                                                
        SB  61-US PRESIDENT ELECT. POPULAR VOTE COMPACT                                                                     
                                                                                                                                
1:50:24 PM                                                                                                                    
CHAIR CLAMAN  announced the consideration  of SENATE BILL  NO. 61                                                               
"An Act relating to an  interstate compact to elect the President                                                               
and  Vice-President  of the  United  States  by national  popular                                                               
vote; and  relating to the  selection of electors  for candidates                                                               
for President and Vice-President of  the United States and to the                                                               
duties of those electors."                                                                                                      
                                                                                                                                
CHAIR  CLAMAN stated  that this  is the  second hearing,  and his                                                               
office did not  receive amendments. He asked if  there were final                                                               
comments; finding none, he solicited a motion.                                                                                  
                                                                                                                                
1:50:46 PM                                                                                                                    
SENATOR  TOBIN moved  to report  SB 61,  work order  33-LS0288\B,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
1:50:57 PM                                                                                                                    
CHAIR CLAMAN found  no objection and SB 61 was  reported from the                                                               
Senate Judiciary Standing Committee.                                                                                            
                                                                                                                                
1:51:24 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Claman  adjourned the  Senate Judiciary  Standing Committee                                                               
meeting at 1:51 p.m.                                                                                                            

Document Name Date/Time Subjects
Alaska Judicial Council Appointment - Dennis Dewitt Application and Resume 4.17.2023.pdf SJUD 4/17/2023 1:30:00 PM
Board of Governors of the Alaska Bar Application - William Granger Application 4.17.2023.pdf SJUD 4/17/2023 1:30:00 PM
Board of Governors of the Alaska Bar Application - William Granger Resume 4.17.2023.pdf SJUD 4/17/2023 1:30:00 PM
SB 61 Version B 2.7.2023.PDF SJUD 3/13/2023 1:30:00 PM
SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Sponsor Statement version B 2.1.2023.pdf SJUD 3/13/2023 1:30:00 PM
SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Sectional Analysis version B 2.1.2023.pdf SJUD 3/13/2023 1:30:00 PM
SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Research - NPV One-Pager 1.3.2022.pdf SJUD 3/13/2023 1:30:00 PM
SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Supporting Document - Letters Received as of 3.13.2023.pdf SJUD 3/13/2023 1:30:00 PM
SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Supporting Testimony - Received as of 4.7.2023.pdf SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Opposing Testimony - Received as of 3.14.2023.pdf SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Additional Document - Sponsor Responses to Senate Judiciary Testimony 3.27.2023.pdf SJUD 4/17/2023 1:30:00 PM
SB 61
SB 61 Fiscal Note OOG-DOE 3.10.2023.pdf SJUD 3/13/2023 1:30:00 PM
SJUD 4/17/2023 1:30:00 PM
SB 61