Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/10/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 10, 2016
1:38 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Peter Micciche
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Board of Governors of the Alaska Bar
Adam Trombley -Anchorage
CONFIRMATION ADVANCED
Commission on Judicial Conduct
Amy Gurton-Mead - Juneau
Robert Sheldon - Anchorage
Karla Taylor-Welch - Fairbanks
CONFIRMATIONS ADVANCED
Alaska Judicial Council
Loretta Bullard - Nome
CONFIRMATION ADVANCED
Regulatory Commission of Alaska
Rebecca Pauli - Anchorage
CONFIRMATION ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
ADAM TROMBLEY, Appointee
Board of Governors of the Alaska Bar
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
LORETTA BULLARD
Appointee
Alaska Judicial Council
Nome, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
KARLA TAYLOR-WELCH Appointee
Commission on Judicial Conduct
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
ROBERT SHELDON, Appointee
Commission on Judicial Conduct
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
AMY GURTON-MEAD, Appointee
Commission on Judicial Conduct
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
REBECCA PAULI
Appointee
Regulatory Commission of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Regulatory
Commission of Alaska.
ACTION NARRATIVE
1:38:58 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:38 p.m. Present at the call to
order were Senators Costello, Wielechowski, Coghill, and Chair
McGuire.
^Confirmation Hearings
Confirmation Hearings
1:39:09 PM
CHAIR MCGUIRE announced the business before the committee is to
hear Governor nominations to boards and commissions. She
clarified that the committee previously approved Skip Cook.
Board of Governors of the Alaska Bar
1:39:47 PM
CHAIR MCGUIRE recognized Adam Trombley and asked him to tell the
committee why he wishes to serve on the Board of Governors of
the Alaska Bar.
1:40:15 PM
ADAM TROMBLEY, Appointee, Board of Governors of the Alaska Bar,
said he has served on the board for three years and he finds the
disciplinary component most enjoyable. He would like to continue
for the next three years focusing on the objective of the board,
which is to increase justice for everyone.
1:41:10 PM
SENATOR COSTELLO said she is pleased that he wants to continue
to serve and feels fortunate that the Alaskans who serve on
boards and commissions are so talented. She added that Mr.
Trombley is a constituent and she believes that continuity on
the board is important.
CHAIR MCGUIRE thanked Mr. Trombley for being willing to serve.
Alaska Judicial Council
1:42:01 PM
CHAIR MCGUIRE recognized Loretta Bullard and asked her why she
wishes to serve on the Alaska Judicial Council.
1:42:16 PM
LORETTA BULLARD, Appointee, Alaska Judicial Council, said she
resides in Nome and was encouraged to put her name forward. She
brings a rural voice to the council and has the time to serve in
this capacity now that she's retired. She said this work is
important because judges are critical in maintaining the
public's confidence in the Alaska judicial system.
1:43:35 PM
SENATOR COGHILL thanked Ms. Bullard for being willing to serve
and offered his belief that she will bring an important voice to
the council. He read her resume and appreciates the previous
work she's done.
CHAIR MCGUIRE echoed the comments and stressed the importance of
having geographic and gender diversity on boards and
commissions. She wished her luck moving forward in the process.
Commission on Judicial Conduct
1:44:41 PM
CHAIR MCGUIRE recognized Karla Taylor-Welch and asked her why
she wishes to serve on the Commission on Judicial Conduct.
1:45:16 PM
KARLA TAYLOR-WELCH Appointee, Commission on Judicial Conduct,
related that she resides in Fairbanks and is a third generation
Alaskan. Her grandfather was a member of the Constitutional
Convention and her father was a lawyer. She was asked to put her
name forward and decided that this would be another way to
contribute to the state.
1:46:40 PM
SENATOR COGHILL thanked Ms. Taylor-Welch for her willingness to
serve. He commented that she brings a depth and variety of
experience.
CHAIR MCGUIRE expressed appreciation for her willingness to
serve and wished her luck in the process.
1:47:13 PM
CHAIR MCGUIRE recognized Robert Sheldon and asked him to tell
the committee why he is interested in serving on the Commission
on Judicial Conduct and why he feels qualified.
1:47:28 PM
ROBERT SHELDON, Appointee, Commission on Judicial Conduct, said
he is a third generation Alaskan and is following in his
family's example of public service. He currently is engaged in
finance endeavors across the Arctic states, including Alaska. He
has served on several boards, commissions and councils in Alaska
and this will be his third term on this one. He explained that
the commission investigates alleged judicial misconduct and
ethics improprieties and he feels confident that his education,
work and interest in finance and economics interconnect with the
judiciary.
He said that serving the previous two terms has been both
humbling and satisfying. It's also become clear that it's
important for the commission to have continuity of service among
its members. The judge and attorney representatives frequently
are unable to serve for more than one four-year period so the
public members help bring long-term continuity. He hopes to
continue to be part of that.
1:49:22 PM
CHAIR MCGUIRE commented that Mr. Sheldon might be underutilized
if he doesn't serve on other boards and commissions in the
future. She mentioned AIDEA and observed that his background in
economic development is almost unparalleled. She looks forward
to his service on this commission and in other capacities. She
wished him luck in the process.
1:50:02 PM
CHAIR MCGUIRE recognized Amy Gurton-Mead and asked her to tell
the committee why she wants to serve and why she is qualified.
1:50:27 PM
AMY GURTON-MEAD, Appointee, Commission on Judicial Conduct,
stated that she is the city attorney for Juneau She related that
she started her career as a judicial clerk for a superior court
judge in Ketchikan, was a prosecutor for two years and in
private practice for 12 years, primarily as a civil litigator.
She started public sector work in 2010 and became the city
attorney in 2013.
She said this would be her second term on the conduct commission
which she believes provides a critical function in fostering
public confidence and trust in the judiciary. This is the only
method for a person to be heard when they have appeared before
the court and feel the proceeding was unfair. She relayed that
there were a number of difficult issues during the last term and
it was very challenging. She would be honored to continue.
1:51:27 PM
CHAIR MCGUIRE thanked Ms. Gurton-Mead for being willing to serve
and described her position as city attorney as "quite an
accomplishment." She expressed appreciation for the commission's
work in the past, particularly in the area where a judge may not
respond equally to women and men in the court process. She said
this has been a rising issue in the third judicial district and
finally there will be a second female superior court judge on
the bench. All the divorce and custody cases go through that
bench and she's been approached many times over the years by
women who felt they have not been treated fairly. She flagged
that as an issue to continue to look for.
MS. GURTON-MEAD acknowledged the comment.
1:53:07 PM
SENATOR COGHILL warned that the workload might go up with the
downward pressure on the budget.
MS. GURTON-MEAD said she'd keep that in mind.
CHAIR MCGUIRE thanked Ms. Gurton-Mead and wished her well in the
process.
Regulatory Commission of Alaska
1:54:09 PM
CHAIR MCGUIRE recognized Rebecca Pauli as a new appointee on the
Regulatory Commission of Alaska (RCA) and noted that she refers
to the RCA as a mini Supreme Court. She asked what she thinks
about that statement, how her background qualifies her for this
service, and why she's interested in serving.
1:55:09 PM
REBECCA PAULI, Appointee, Regulatory Commission of Alaska,
Anchorage, Alaska, said her interest in serving stems from the
unique skillset she brings to the commission. While in private
practice she represented both rural and urban utilities, and she
has administrative law experience having served as an
adjudicator.
She said she doesn't think of the RCA as a mini Supreme Court so
much as a court that has a huge impact on the state. The RCA is
the entity that oversees the workings of the utilities, sets
prices and influences the shape of the infrastructure. It looks
at utilities in rural areas to ensure a sufficient rate of
return to upgrade equipment to become more efficient. While
there is always an option to appeal, the ramifications of the
decisions that the RCA makes are huge and as far-reaching as the
state itself, she said.
1:57:31 PM
CHAIR MCGUIRE asked for examples of an urban opinion and a rural
opinion that she feels charted unprecedented territory in
Alaska.
MS. PAULI said that at this early stage she's better prepared to
speak to rulings in the 1990s when she was in private practice.
She noted that in both instances the ruling was in her favor so
they were brilliant. She related that her first case before the
RCA dealt with a rural village that was trying to use the
electrical rate as a matter of social engineering. The
washateria, which everyone used, was picking up more of the cost
of service than individual ratepayers. It was an interesting
decision because the regulations prescribed a demand step-based
rate structure. Those with the highest demand paid more but what
was needed was a postage stamp, flat rate across the board.
Getting that through allowed the washateria to remain open and
spread the cost among everyone in the village that used the
facility. She described it as a good decision.
MS. PAULI cited the RCA decision that allowed ALEC to purchase
PTI and ATU in order to form ACS as an example of an urban
opinion that charted new territory in Alaska. It was a huge
factor in allowing competition to take place in the
telecommunication industry along the Railbelt. Previously she'd
been involved in the deregulation of telephone utilities under
the Telecom Act with rural utilities and her role in this case
was to shepherd it through so that competition could take place
in an area that was able to support it.
CHAIR MCGUIRE said her next question regards the Municipality of
Anchorage (MOA) purchase of the ConocoPhillips holdings in the
Beluga gas field, which should come before the RCA in the near
future. She reviewed Ms. Pauli's resume including her work for
the MOA and the law firm Kemppel, Huffman and Ellis that
describes work on the purchase of the Beluga River Gas Unit. She
asked her thoughts about it and if she has any conflicts that
would prevent her from ruling.
MS. PAULI replied she has no recollection of what she did on
that purchase. She said Roger Kemppel probably had her research
some legal issue, but she doesn't recall any specifics. She said
she doesn't know enough to have an opinion and her opinion
really doesn't matter. It will be the evidence that's presented
and what the statutes and regulations provide. If there are
questions of policy that the legislature has delegated to the
RCA, it would be important to implement the policy in keeping
with the statutes and regulations.
2:04:37 PM
CHAIR MCGUIRE said she hoped she would say that and she brought
it up because it's an area of interest to Anchorage residents.
She also discussed the delegated authority of the RCA, that it
is sometimes overstretches and the importance of following the
chain of lawmaking.
2:06:32 PM
SENATOR COGHILL expressed appreciation for the notion of getting
the fairest rate possible for ratepayers. He mentioned the
troublesome issue of moving electricity to the Fairbanks that
involves moving from one transmission owner to another, also
called "pancaking," and the current effort is to find a system
operator. He asked if that would be a regulatory issue or
something the legislature has to deal with.
MS. PAULI said she didn't know enough to comment, but believes
it would be a good question to ask the attorney general.
Responding to an earlier comment by the chair, she said the way
she looks at the structure between the legislature, the
executive branch and the administrative agencies is that the
statutes set the policy and the administrative agencies
implement that policy through regulation.
SENATOR COGHILL said another issue that comes up with the RCA is
timing of dockets. It's been a problem both procedurally and
practically. He asked her thoughts.
2:10:52 PM
MS. PAULI said there are always dockets that take on a life of
their own, but her procedure at the Office of Administrative
Hearings has been to actively control her cases. She doesn't
know what has been happening at the RCA, but she knows there is
an issue. Her plan is to see how things work and perhaps her
approach to handling dockets will help.
SENATOR COGHILL highlighted the problem he hears that investment
timing and the timing of rate structures don't always match. He
said electricity isn't an issue in Fairbanks but telephone is a
dynamic issue that may end up at the RCA's front door.
MS. PAULI committed to do her best and said she appreciates the
questions because she's working hard to understand what she's
walking into. She noted that Chair Patch and the commission
members have been very helpful.
2:16:40 PM
CHAIR MCGUIRE urged Ms. Pauli to use legislators as a resource.
She thanked her and wished her well in the process.
[There was no motion, but the names were forwarded to the full
body for further consideration.]
2:16:49 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 2:16 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Bar -Trombley #1.pdf |
SJUD 2/10/2016 1:30:00 PM |
|
| Judicial Conduct - Gurton-Mead #1.pdf |
SJUD 2/10/2016 1:30:00 PM |
|
| Judicial Conduct - Sheldon #1.pdf |
SJUD 2/10/2016 1:30:00 PM |
|
| Judicial Conduct - Taylor-Welch #1.pdf |
SJUD 2/10/2016 1:30:00 PM |
|
| Judicial Council - Bullard #1.pdf |
SJUD 2/10/2016 1:30:00 PM |
|
| RCA - Pauli #1.pdf |
SJUD 2/10/2016 1:30:00 PM |