03/06/2024 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB166 | |
| Confirmation Hearing(s) Public Defender Commission on Judicial Conduct | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 166 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 6, 2024
1:32 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Cathy Giessel
Senator Löki Tobin
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 166
"An Act establishing the Alaska mental health and psychedelic
medicine task force; and providing for an effective date."
- MOVED CSSB 166(JUD) OUT OF COMMITTEE
CONFIRMATION HEARINGS(S)
PUBLIC DEFENDER
Terrence Haas - Anchorage
- CONFIRMATION ADVANCED
COMMISSION ON JUDICIAL CONDUCT
Robert Sheldon - Talkeetna
- CONFIRMATION ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: SB 166
SHORT TITLE: MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
SPONSOR(s): SENATOR(s) DUNBAR
01/16/24 (S) PREFILE RELEASED 1/8/24
01/16/24 (S) READ THE FIRST TIME - REFERRALS
01/16/24 (S) L&C, JUD
02/05/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/05/24 (S) Heard & Held
02/05/24 (S) MINUTE(L&C)
02/16/24 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/16/24 (S) Moved CSSB 166(L&C) Out of Committee
02/16/24 (S) MINUTE(L&C)
02/19/24 (S) L&C RPT CS 2DP 1NR NEW TITLE
02/19/24 (S) NR: BJORKMAN
02/19/24 (S) DP: DUNBAR, BISHOP
02/26/24 (S) JUD AT 1:30 PM BUTROVICH 205
02/26/24 (S) Heard & Held
02/26/24 (S) MINUTE(JUD)
03/06/24 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
TERRENCE HAAS, Appointee
Public Defender
Anchorage, Alaska
POSITION STATEMENT: Testified as the governors appointee to
Public Defender.
ROBERT SHELDON, Appointee
Commission on Judicial Conduct
Talkeetna, Alaska
POSITION STATEMENT: Testified as the governor's appointee to the
Commission on Judicial Conduct.
HOLLY LEE, representing self
Talkeetna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Robert Sheldon to the Commission on Judicial Conduct.
ED MARTIN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified on the appointment of governor
appointee Robert Sheldon to the Commission on Judicial Conduct.
ACTION NARRATIVE
1:32:21 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:32 p.m. Present at the call to order were
Senators Kiehl, Giessel, Tobin, Kaufman, and Chair Claman.
SB 166-MENTAL HEALTH/PSYCHEDELIC MED. TASK FORCE
[CSSB 166(L&C) was before the committee.]
1:32:59 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 166
"An Act establishing the Alaska mental health and psychedelic
medicine task force; and providing for an effective date."
CHAIR CLAMAN said this is the second hearing of SB 166 in the
Senate Judiciary Committee. The intention is to hear an
amendment.
CHAIR CLAMAN solicited a motion.
1:33:15 PM
SENATOR TOBIN moved to adopt Amendment 1, work order 33-
LS1062\P.1.
[Original punctuation provided.]
33-LS1062\P.1
Bergerud
2/26/24
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR TOBIN
TO: CSSB 166(L&C)
Page 2, line 1, following "crisis":
Insert ", as well as in treating chronic and
terminal illness and in end-of-life care"
1:33:17 PM
CHAIR CLAMAN objected for purposes of discussion.
1:33:23 PM
SENATOR TOBIN explained that there is a growing body of research
into the use of psychedelics and palliative treatments for end-
of-life care. The National Institute of Health (NIH) indicates
Washington, Hawaii, Texas, Nevada, Minnesota, Indiana,
Connecticut, and Maryland have each established a task force to
study the medical use of psychedelics. These states are
exploring the effects of psychedelics on post-traumatic stress
disorder (PTSD), depression, long COVID, and inflammatory
disorders. She emphasized that Amendment 1 does not minimize the
importance of Alaska's mental health crisis. Rather, it is meant
to broaden the task forces scope to include assessing the
potential health care benefits of treating chronic and terminal
illness, as well as end-of-life care.
SENATOR TOBIN shared a story a constituent relayed. The
constituents colleague, who suffered from a traumatic brain
injury, had used psychedelics to disrupt the progression of his
condition and now has a clean bill of health. She said that
psychedelics hold possibilities and voiced hope that Amendment 1
would expand the scope of the task force.
1:34:55 PM
CHAIR CLAMAN invited committee questions on Amendment 1 and
asked whether the sponsor had any objections to it.
1:35:02 PM
SENATOR DUNBAR replied that it is a good amendment.
1:35:14 PM
CHAIR CLAMAN removed his objection. Finding no further
objection, Amendment 1 was adopted.
CHAIR CLAMAN invited the bill sponsor to make final comments.
1:35:27 PM
SENATOR DUNBAR thanked the committee for its consideration. He
stated that while psychedelics are a novel and sometimes
sensationalized form of medicine, this legislation is ultimately
about Federal Drug Administration (FDA) testing and establishing
a regulatory framework. SB 166 prepares Alaska should the
federal government legalize psychedelics for medical use.
1:35:58 PM
CHAIR CLAMAN found no further discussion and solicited the will
of the committee.
1:36:02 PM
SENATOR KIEHL moved to report CSSB 166(L&C), work order 33-
1062\P, as amended, from committee with individual
recommendations and attached zero fiscal note(s).
1:36:20 PM
CHAIR CLAMAN found no objection and CSSB 166(JUD) was reported
from the Senate Judiciary Standing Committee.
^CONFIRMATION HEARING(S) PUBLIC DEFENDER COMMISSION ON JUDICIAL
CONDUCT
CONFIRMATION HEARING(S)
PUBLIC DEFENDER
COMMISSION ON JUDICIAL CONDUCT
1:36:44 PM
CHAIR CLAMAN announced consideration of governor appointee
Terrence Haas as Public Defender and governor appointee Robert
Sheldon to the Commission on Judicial Conduct.
1:37:03 PM
CHAIR CLAMAN opened public testimony on governor appointee
Terrence Haas as Public Defender. He invited Mr. Haas to state
his name for the record and proceed with his testimony.
1:37:29 PM
TERRENCE HAAS, Appointee, Public Defender, Anchorage, Alaska,
testified as the governors appointee to Public Defender. He
stated that he left a position with the Chief Justice of the
Rhode Island Supreme Court approximately 15 years ago, moved to
Alaska, and has lived and built his career in Bethel ever since.
He began as a public defender in Bethel, working in the trenches
for about five years before being promoted to office supervisor,
a role he held for another five years. He then served on the
Superior Court bench in Bethel for five years prior to this
appointment.
MR. HAAS shared that people often ask why he would leave the
bench to return to the Public Defender Agency. He explained that
the short answer is his strong passion for the role the public
defender plays in the criminal justice system. He noted that,
post-pandemic and in the current labor market, there is an
extraordinary need for leadership at the Public Defender Agency.
The agency is short a few lawyers and has about one hundred
lawyers working statewide. He expressed his belief that these
attorneys are among the hardest working and most capable in
Alaska, and possibly in the country, in the field of criminal
law. However, they are in need of leadership and support. He saw
that need clearly from his perspective on the bench. While the
career move may appear unusual, he said that given his personal
passion, the decision makes a great deal of sense.
1:39:33 PM
CHAIR CLAMAN asked about his thoughts on relocating from Bethel,
where he had lived 15 years, to Anchorage.
MR. HAAS responded that when he first moved from the large city
of Providence, Rhode Island, Anchorage would have seemed like a
small town. Now, however, Anchorage feels like the bright lights
and the big city. He said it is something of a culture shock and
a notable change. At the same time, he acknowledged that 15
years in Bethel is a long time, and he looks forward to the
opportunity to expand out.
1:40:24 PM
SENATOR KAUFMAN expressed appreciation for the opportunity to
speak with an appointee in person during the meeting.
MR. HAAS replied that it has been nice to travel to offices and
see everyone in person post-COVID.
1:41:00 PM
CHAIR CLAMAN thanked Mr. Haas for his testimony and announced
consideration of governor appointee Robert Sheldon to the
Commission on Judicial Conduct. He invited Mr. Sheldon to state
his name for the record and proceed with his testimony.
1:41:28 PM
ROBERT SHELDON, Appointee, Commission on Judicial Conduct,
Talkeetna, Alaska, testified as the governor's appointee to the
Commission on Judicial Conduct. He stated that he is a third-
generation Alaskan, continuing a family legacy of more than 90
years of public service in Alaska. He noted that he is currently
the only village-based or rural-based public member serving on
the Commission. He briefly described his work in high-latitude
companies in remote and austere areas of Alaska, Canada,
Iceland, Greenland, and mainland Scandinavia. He has served on
boards, commissions, and councils under each of the past five
Alaskan governors since 2004. The upcoming term will mark his
fifth appointment to the Commission.
MR. SHELDON explained that the Commission investigates
allegations of judicial misconduct and ethical impropriety. He
noted that most complaints are either unsubstantiated or fall
outside the Commission's jurisdiction. He said that his
educational interest and work in finance and economics intersect
with the judiciary system. He emphasized that the rule of law is
essential to the orderly function of an economy, and also
influences Alaska's cost of capital. He stated that Alaska is
currently priced more like an expensive emerging market than a
developed economy. He expressed hope that sustained confidence
in the judiciary could, over time, contribute to a reduction in
the Alaska's cost of capital.
1:42:55 PM
MR. SHELDON said that serving on the Commission on Judicial
Conduct has been an extremely satisfying experience. He
emphasized the importance of maintaining continuity of service
and institutional knowledge among Commission members, as well as
maintaining a rural voice on the Commission. He explained that
judge and attorney representatives are often unable to serve
more than one four-year term, making the role of public members
vital in preserving long-term knowledge and consistency.
MR. SHELDON said that he wanted to continue serving on the
Commission. He can recall only one other rural-based public
member during his 16-year tenure on the Commission. He further
stated his understanding that very few rural-based public
members served on the Commission prior to his time. He and the
executive director worked on this issue and were successful in
bringing on an additional rural-based member through significant
lobbying and outreach.
MR. SHELDON said that public service is about serving the people
not oneself. He mentioned the unique pressure faced by rural
public members, who must represent both the general public and
the rural perspective. He said that rural views are often
underrepresented on boards and commissions. He observed that
tensions sometimes arise within the Commission when differing
viewpoints emerge between public members and the six law-trained
members who make up the majority of the nine-member Commission.
1:44:32 PM
MR. SHELDON said it is imperative for the Commission to not only
hear and consider the rural voice but also incorporate it into
its deliberations and decisions. He said, for that reason, it is
an honor and pleasure to serve on the Commission.
1:44:53 PM
CHAIR CLAMAN sought confirmation that he had served 16 years on
the Commission and asked about the number of terms he had
completed.
MR. SHELDON replied that he had just concluded his fourth term,
and this is now his fifth. He emphasized the importance of
continuity in Commission membership, noting that the Commission
is experiencing tremendous turnover. He explained that the
Commission relies not only on documented records but also on
institutional memory. He and the executive director are able to
assist newer members by providing historical context about past
events and judges because they have the institutional knowledge.
1:45:38 PM
CHAIR CLAMAN sought confirmation that appointments are for four-
year terms.
MR. SHELDON replied yes.
1:45:46 PM
SENATOR KIEHL sought clarification regarding the Commission's
recordkeeping practices, specifically what types of information
are deliberately excluded from records.
MR. SHELDON responded with an example involving the Federal
Bureau of Investigation (FBI), which once attempted to subpoena
records. He explained that the Commission does not retain the
type of records the FBI was seeking. Complaint records can be
misleading to those unfamiliar with the Commission's processes.
He reiterated that most complaints are either unsubstantiated or
outside the Commission's jurisdiction. He said that this is why
it is important for Commission members to recognize patterns,
even non-jurisdictional patterns. Members are able to recall
this information as needed, and this informal system has helped
the Commission carry out its duties.
1:47:02 PM
SENATOR KIEHL sought clarification about the type of written
history the Commission does not retain.
MR. SHELDON replied that the Commission does not retain a
written history of the exact complaint about the judge.
SENATOR KIEHL said he would ponder that.
1:47:39 PM
SENATOR KIEHL expressed appreciation for the length and
continuity of his service. He harkened back to a time when the
Commission had been through a difficult time with contentious
meetings. He asked for a description of how the Commission
functions now, its flow, and the ability of members to work
together.
MR. SHELDON replied that the Commission has an open session and
a closed session. He inferred that the question referred to a
simple disagreement that took place during an open session,
available to the public. He explained that the discord was a
minor disagreement and was resolved quickly after the meeting.
He expressed delight to report that the nine members of the
Commission frequently have great, personal conversations before
and after meetings. He reiterated that contentious moments are
brief and tend to quickly resolve because members want to
proceed in a manner that best serves Alaskans.
1:49:31 PM
SENATOR KIEHL asked about other agenda items the Commission
intends to address.
MR. SHELDON replied that the Commission recently considered
amendments to the Code of Judicial Conduct canons; members were
fairly aligned on the changes. The panel, which includes the
Alaska Supreme Court Justice, took the changes under advisement.
Otherwise, the Commission is current with its work. He credited
Executive Director Marla Greenstein for keeping the Commission
on task.
1:51:06 PM
CHAIR CLAMAN sought clarification about the process for amending
the canons, asking if the Commission recommends changes and the
Supreme Court decides whether to adopt them.
MR. SHELDON replied that the canons are a national overlay,
which are amendable to align interests across jurisdictions. He
said that the U.S. Supreme Court just adopted many of the
canons. He expressed his belief that the Alaska Chief Justice
presides over an independent, decision-making panel. He
explained that Executive Director Marla Greenberg was a member
of that panel, which informed the Commission of the proposed
changes and invited its feedback. He said the Commission offered
no significant recommendations.
1:52:50 PM
CHAIR CLAMAN said public testimony is limited to two minutes on
the appointments of Terrence Haas, Public Defender, and Robert
Sheldon, Commission on Judicial Conduct.
1:53:25 PM
HOLLY LEE, representing self, Talkeetna, Alaska, testified in
opposition to the appointment of Robert Sheldon to the
Commission on Judicial Conduct. She stated that, according to
the Alaska Council on Judicial Conduct website, his term is
listed as expiring on March 1, 2028. She did not expect to see
his name under consideration again so soon. She reported that
she had sent all legislators documentary evidence on Mr.
Sheldon. The evidence showed rule violations and a conflict of
interest in a private, pyramid, equity firm during his previous
term. She identified herself as Mr. Sheldons older sister and
spoke about family and personal concerns regarding his
character.
1:55:48 PM
ED MARTIN, representing self, Kenai, Alaska, testified on the
appointment of governor appointee Robert Sheldon to the
Commission on Judicial Conduct. He said that he had attended
Commission meetings over the past year due to concerns about
public official bonding. He stated that the Alaska Court System
requires all state public officials to be bonded. He asserted
that the Commission intended to exclude him from its January
meeting. He informed every legislator about a statute requiring
public official bonds and argued that a $500,000 deductible
insurance policy is not a substitute for proper bonding. He
intends to bring the matter before a Grand Jury if the
Commission fails to secure bonding. He reported that Executive
Director Marla Greenstein said the statutory requirement does
not apply to the Commission. He listed various government
personnel that are subject to bonding requirements. He said that
Ms. Greenstein and Mr. Sheldon are joined at the hip and that he
has served too long on the Commission.
1:58:22 PM
CHAIR CLAMAN closed public testimony on the governor's
appointees.
1:58:28 PM
CHAIR CLAMAN found no further comments from committee members
and solicited a motion.
1:58:36 PM
SENATOR KIEHL stated that [in accordance with AS 39.05.080,] the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Public Defender
Terrence Haas - Anchorage
Commission on Judicial Conduct
Robert Sheldon - Talkeetna
SENATOR KIEHL reminded members that signing the report(s)
regarding the appointments 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.
1:59:03 PM
CHAIR CLAMAN announced the committee would forward the names to
Joint Session.
1:59:14 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 1:59 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Public Defender Appointment- Terrence Haas Resume 3.6.2024.pdf |
SJUD 3/6/2024 1:30:00 PM |
|
| Commission on Judicial Conduct Appointment- Robert Sheldon Judicial Conduct Resume 3.6.2024.pdf |
SJUD 3/6/2024 1:30:00 PM |
|
| SB 166 Amendment 2.26.2024.pdf |
SJUD 3/6/2024 1:30:00 PM |
SB 166 |