Legislature(2019 - 2020)SENATE FINANCE 532
01/29/2019 03:00 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
JOINT MEETING
SENATE JUDICIARY STANDING COMMITTEE
SENATE STATE AFFAIRS STANDING COMMITTEE
January 29, 2019
3:02 p.m.
MEMBERS PRESENT
SENATE JUDICIARY
Senator Shelley Hughes, Chair
Senator Lora Reinbold, Vice Chair
Senator Mike Shower
Senator Peter Micciche
Senator Jesse Kiehl
SENATE STATE AFFAIRS
Senator Mike Shower, Chair
Senator John Coghill, Vice Chair
Senator Lora Reinbold
Senator Peter Micciche
Senator Scott Kawasaki
MEMBERS ABSENT
SENATE JUDICIARY
All members present
SENATE STATE AFFAIRS
All members present
OTHER LEGISLATORS PRESENT
Senator Chris Birch
Representative David Eastman
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Attorney General of the State of Alaska
Kevin Clarkson - Anchorage
- CONFIRMATION ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
KEVIN CLARKSON, Attorney General Designee
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the position of
Alaska Attorney General.
ALYSON CURREY, Representative
Planned Parenthood
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Kevin Clarkson as Alaska Attorney General.
BESSE ODAM, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified during the confirmation hearing
for Kevin Clarkson as Alaska Attorney General.
JERRY ALDERMAN, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Kevin Clarkson as Alaska Attorney General.
DIANE PENDERGRAST, representing herself
Anchorage, Alaska
POSITION STATEMENT Testified in opposition to the confirmation
of Kevin Clarkson as Alaska Attorney General.
ZHENIA C. PETERSON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Kevin Clarkson as Alaska Attorney General.
JEFF FELDMAN, Attorney; Professor
University of Washington Law School
Seattle, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
JOHN THORSNESS, Attorney
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
VALANNE GLOOSCHENKO, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Kevin Clarkson as Alaska Attorney General.
MATT PETERSON, Attorney
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
DEBORAH TENNYSON, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Kevin Clarkson as Alaska Attorney General.
LOREN LEMAN, Professional Engineer, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
ROBIN BRENA, Attorney; Owner
Brena Bell, & Clarkson
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
MIKE GERAGHTY, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
ERIC SANDERS, Attorney
Anchorage, Alaska
POSITION STATEMENT: Testified favorably for the confirmation of
Kevin Clarkson as Alaska Attorney General.
ROBIN SMITH, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
MIKE COONS, President
Greater Alaska Chapter of the Association of Mature American
Citizens
Palmer, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
JUDY ELEDGE, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Kevin Clarkson as Alaska Attorney General.
ACTION NARRATIVE
3:02:35 PM
CHAIR SHELLEY HUGHES called the joint meeting of the Senate
Judiciary Standing Committee and the Senate State Affairs
Standing Committee to order at 3:02 p.m. Present at the call to
order were Senators Kiehl, Micciche, Reinbold, Shower, and Chair
Hughes from the Senate Judiciary Standing Committee and Senators
Coghill, Micciche, Kawasaki, Reinbold and Chair Shower from the
Senate State Affairs Committee.
^CONFIRMATION HEARING
CONFIRMATION HEARING
Attorney General, State of Alaska
3:03:44 PM
CHAIR HUGHES stated that the business before the committee would
be the confirmation hearing for Kevin Clarkson as Attorney
General, State of Alaska. She provided the website to submit
written comments to senate.judiciary@akleg.gov.
3:04:45 PM
KEVIN CLARKSON, Attorney General Designee, Department of Law,
State of Alaska provided his personal history. He was born and
raised in Oregon where he attended law school. He speaks Spanish
and his father was a state policeman. He is married and has four
children, two children who reside in Alaska, and two children
who reside in the Lower 48. One of his children serves in the
military.
3:08:59 PM
ATTORNEY GENERAL DESIGNEE CLARKSON turned to his work
experience. He first worked for the Perkins Coie law firm and
has worked for only two law firms during his career. He felt
this demonstrates his loyalty. He has handled a wide variety and
array of legal issues with about 10 percent of his practice
related to controversial matters in his 34 years of practice.
3:10:44 PM
ATTORNEY GENERAL DESIGNEE CLARKSON said he has represented
clients ranging from individuals to Native corporations and
legislators. He has also represented the Alaska Bar Association
and has presented cases before federal and state courts
throughout Alaska, from Southeast communities to Barrow. He has
litigated cases related to tax issues, employment matters,
commercial entities, construction issues, professional
liability, business dissolutions and partnerships, as well as
cases related to oil and gas matters. He has handled complex
criminal cases, including racketeering.
ATTORNEY GENERAL DESIGNEE CLARKSON said he did not seek out this
position and instead the governor came to his home during which
time Governor Dunleavy outlined his goals and positions on
issues, including his vision on law enforcement.
3:15:25 PM
CHAIR HUGHES asked him to explain the Department of Law's (DOL)
mission per AS 44.23.020 and his priorities. She asked him to
address his sense of the public's perception on various criminal
cases that had not been prosecuted in the past few years.
ATTORNEY GENERAL DESIGNEE CLARKSON stated that he views the
Department of Law (DOL) as a fine-tuned, well running machine.
He said he did not believe the attorney general's job is to
revamp the department but to step alongside the department's
talented civil and criminal attorneys and make sure they have
the tools and resources to do their jobs well. He said by
statute the attorney general's duties are to serve as a legal
advisor to the governor and other state officers, to represent
the state in civil actions and to defend and prosecute actions
to collect revenue. He reiterated his view that the attorney
general serves as the primary legal counsel for the governor,
who is the state's chief executive officer. He understands the
duties and challenges of performing that function. With respect
to criminal cases that need to be prosecuted, he opined that
some of the issues may be addressed in the governor's crime
package that was recently rolled out. He related his
understanding that public dissatisfaction on the resolution of
certain cases exists. He specifically mentioned [an Anchorage
criminal] case involving Justin Schneider [related to felony
kidnapping and sexual assault] as one. He reiterated that some
of these issues will be addressed with the governor's proposed
crime package.
3:18:01 PM
CHAIR HUGHES acknowledged his vast experience in the legal
field. She noted an absence of a criminal law background. She
asked him to assure the public that despite his concentration on
civil cases the department will handle criminal cases in a way
that is much needed.
ATTORNEY GENERAL DESIGNEE CLARKSON answered that he could give
her that assurance. He said that in his legal experience every
case is new. He understood the job will be challenging. However,
the DOL has a talented legal team and his job is not to step in
and prosecute cases. Although he has not worked as a prosecutor,
which he acknowledged would be good experience to have, he did
not believe it is a defining credential for the attorney
general. He suggested that many other attorneys general have
been in this same position. He recapped his belief that his job
as attorney general is to function as a manager, to ensure that
the department prosecutes cases and to provide adequate funding
for prosecutors.
3:20:15 PM
SENATOR KIEHL turned to the governor's crime package and related
that many of his constituents expressed concern about the opioid
crisis. He said the Board of Pharmacy has recently advised
pharmacists who are required to fill opioid prescriptions. While
manufacturers are trying to rachet down their supplies, many
pharmacists find themselves in a difficult position, caught
between addressing the opioid crisis yet still functioning as
health care providers. He asked him for his thoughts on this
conflict.
ATTORNEY GENERAL DESIGNEE CLARKSON acknowledged tension between
legitimate medical opioid uses and the pain relief these drugs
give patients, as well as the need to be conscious of potential
addictions. He emphasized the need to hold opioid manufacturers
accountable. He mentioned a recent lawsuit was filed against
one. He summarized that it is a balance between making sure
drugs are available for legitimate uses yet holding
manufacturers responsible for the opioid epidemic they have
foisted upon us and making sure Alaska is compensated for costs
incurred because of the epidemic.
3:22:48 PM
REPRESENTATIVE EASTMAN joined the meeting.
SENATOR KAWASAKI thanked Mr. Clarkson for meeting with him. He
turned to his experience, recalling that he views the attorney
general position as being a manager and that he will prosecute
the cases that need to be prosecuted. He asked for further
clarification on what that decision tree would look like for him
as the manager deciding which cases to prosecute.
ATTORNEY GENERAL DESIGNEE CLARKSON answered that due to the
DOL's criminal division structure, most decisions will not
filter up to the attorney general. He described the process. The
district attorney decides first, but some cases may filter up to
the director John Skidmore, and some cases may filter up to the
deputy attorney general, Rob Henderson. He envisioned he would
prioritize cases and make decisions on significant policy calls.
The criminal division will always prioritize cases by
prosecuting violent crime over other crimes and felonies over
misdemeanors, he said.
3:24:15 PM
REPRESENTATIVE KAWASAKI asked for further clarification on the
decision chain. He related a scenario in which the attorney
general might find himself in a circumstance where he would like
a prosecutor to pursue a case. He asked for clarification on
when he would intervene in such a case with overwhelming
evidence that may have been overlooked.
ATTORNEY GENERAL DESIGNEE CLARKSON answered that if a district
attorney or deputy director in the criminal division decided not
to pursue a significant case, he would try to find out the
reason. If he disagreed with the decision, he might overrule it.
With respect to sexual assaults, he emphasized that he made it
clear to Deputy Attorney General Rob Henderson, and Criminal
Division Director John Skidmore his desire to be involved in
cases that they decided not to prosecute or in plea bargain
cases that did not provide full punishment.
REPRESENTATIVE KAWASAKI asked whether this is a new policy by
the administration or if this is the typical process taken by
other administrations.
ATTORNEY GENERAL DESIGNEE CLARKSON said he was unsure of
department policies made by other attorneys general or if this
is a new decision. He opined this decision seems like the right
one. He emphasized that public concern stems from significant
cases that were not pursued so he wants to be certain he is
engaged before similar decisions are made, yet he does not plan
to insert himself in every case. He cannot micromanage the
state's prosecutors; however, he expressed an interest in being
involved in significant cases, especially involving sexual
assault.
3:26:49 PM
SENATOR MICCICHE said that he is pro-life, supports parental
rights involving consent, and the Kenai Peninsula Borough's case
on its invocation policy. However, he also represents people who
do not support those things. He opined that he represents them
fairly. He asked Mr. Clarkson how he would reassure Alaskans who
do not share his personal views that he will make fair decisions
on legal matters not based on his own personal philosophy.
ATTORNEY GENERAL DESIGNEE CLARKSON said that it is not the
attorney general's job to bring any personal views to the job.
Everyone has personal views and it is not a secret that he is
pro-life, he said. His job as attorney general is to respect the
law, which he does, and to advise the governor, departments, and
sometimes the legislature on the law, he said. The law in Alaska
[related to abortion] is based on a 1997 Valley Hospital
decision that concluded that the right to an abortion is
protected by the Alaska Constitution under its privacy
provision. He said it does not matter if he likes the law or
what he wants the law to read, that once the court rules it
becomes law, unless the court decides to change it. Still,
attorneys advise clients on the law and he has participated in
cases during the time Alaska's [abortion] law was developed,
advocating for his clients. He said has a deep respect for the
judiciary and for the rule of law.
3:29:30 PM
SENATOR REINBOLD offered her belief that his confirmation is one
of the most important in the state. Alaska experienced high
crime statistics and problems with sexual assault, domestic
violence and drug problems prior to passage of Senate Bill 91.
She offered her belief that passage of two bills, Senate Bill
64, which related to bail, and Senate Bill 91, the crime bill,
has contributed to increased crime due to lowered penalties. She
listed other factors, including the recession, the opioid
epidemic, and the legalization of marijuana in Alaska and many
other things that have also contributed to increased crime. She
said that Alaska is considered to be the most dangerous state in
the nation according to some statistics. She found the Uniform
Crime [Reporting] Statistics (UCR) to be "absolutely alarming."
She said the sole responsibility falls on the state to prosecute
crime since Alaskans cannot do so themselves. Many people do not
believe the emphasis is on victim justice, rather that it is on
criminal justice. She recalled crime statistics on cases
reported in a legislative hearing that a significant number of
criminal cases are dismissed, such that 43 percent of
misdemeanors and 37 percent of felonies are dismissed. She asked
why so many cases are dismissed.
ATTORNEY GENERAL DESIGNEE CLARKSON responded she was reporting
historical statistics that predate his tenure. He offered his
belief that some cases are dismissed by prosecutorial discretion
and misdemeanors consist of a whole range of crimes. Other cases
are disposed of due to the lack of evidence necessary to prove
them. He acknowledged that while resources can be scarce, the
governor's emphasis and priority is public safety so he believes
some problems may be alleviated as a result.
3:32:16 PM
SENATOR REINBOLD said she asked to serve on the Senate Finance
subcommittee for the DOL to follow through and find out why this
is happening. She related people in her district identified
their number priority is to feel safe in their schools, shopping
malls and homes. She asked him to identify the team that will
bring public safety back so Alaskans will feel safe.
ATTORNEY GENERAL DESIGNEE CLARKSON said first and foremost the
"buck stops here." The attorney general is responsible to make
sure that prosecutors perform well, and to ensure that crimes
are prosecuted timely, he said. He expressed confidence in the
Department of Law and that his staff will follow his direction.
He understands the governor's priorities and is fully in line
with the governor's priority to provide public safety. He grew
up in a law enforcement family, so he understands that
perspective. He assured her he will be the guy that will make
sure those things will happen.
3:34:13 PM
CHAIR SHOWER, speaking on behalf of someone who chose to remain
anonymous, asked in cases with overwhelming evidence of a felony
crime, if he will prosecute all offenders of crimes committed
before his appointment that are within the statute of
limitations. He explained that he did not wish to get into the
specifics, but broad changes to criminal law occurred in the
last few years that could be viewed as soft on crime and some
crimes were not prosecuted.
ATTORNEY GENERAL DESIGNEE CLARKSON answered yes. He said he
understands the question is if cases had overwhelming evidence
of a felony crime that they should be prosecuted. While he
recognized that each case and situation is different, he assured
him he would do so given sufficient resources. He said he has
only been attorney general designee for two months. He
recognized that the DOL must prioritize its scarce resources, so
he was unsure of how that would play out. He explained how the
criminal division prioritizes its cases, that violent crimes
have priority over other crimes, and felonies have priority over
misdemeanors.
SENATOR SHOWER offered his belief that the budget battle will be
contentious, but the governor's priorities are public safety so
increased funding may go towards public safety even as the state
works to reduce government spending. He asked whether he has
sufficient resources to do his job and if not, what resources
does he think he needs and areas to prioritize so he can do the
job he is being tasked to do.
ATTORNEY GENERAL DESIGNEE CLARKSON answered yes; however, when
he reviewed the budget cuts the criminal division has suffered
over the last four years, he thought the DOL has some ground to
catch up. He cautioned that he does not wish to get ahead of the
governor since he will be rolling out his budget bills soon. He
offered his willingness to hold further discussions at that time
when he has more information.
3:37:18 PM
CHAIR HUGHES said some states have an elected attorney general,
that some concern has been expressed that attorneys general in
past administrations have acted as an attorney solely to the
governor. While Alaska Statutes [AS 44.23.020] outline the
attorney general's duty to serve as the legal advisor for the
governor and other state officers, the statutes also indicate
other duties, including responsiveness to the legislature, a
duty to act in the public interest when participating as a party
in a matter that comes before the Regulatory Commission of
Alaska and to prosecute crimes, which infers an additional duty
to the public at large. She asked him to discuss how he views
his role and the balance between serving the public and
representing the governor.
ATTORNEY GENERAL DESIGNEE CLARKSON replied that the attorney
general's client is the State of Alaska and the office of the
governor, not the governor personally, and through Alaska's
elected representatives the people of Alaska. The delegates to
Alaska's Constitutional Convention overwhelmingly rejected
establishing an attorney general by [Alaska's] Constitution,
which was thoroughly debated, he said. The delegates saw how
constitutions were structured and attorneys general were
created. They chose a structure in which the attorney general is
not created by the [Alaska Constitution] but left it for later
legislatures to decide, so statutes create the attorney general.
He referred to Article III, Section 24 of the Alaska
Constitution, "Each principal department shall be under the
supervision of the governor," which includes the DOL. He offered
his belief that this means, like any other commissioner, he is
appointed by the governor, confirmed by the legislature, and
serves at the pleasure of the governor. He opined that the
delegates to Alaska's Constitutional Convention wanted a strong
executive branch and placed strong executive power in the office
of the governor. He offered his belief delegates may have
reacted to what they viewed as a weak territorial governor. He
said delegate, [George} McLaughlin was vehemently opposed to an
independently-elected attorney general. He quoted him as saying,
"I am violently opposed to the election of the attorney general.
I don't think the election of him accomplishes any purpose. You
are putting a diverse and possibly a discordant element into the
executive branch. It isn't necessary." He said delegates did not
want an attorney general who was so independent that the person
would create discord within the executive branch.
ATTORNEY GENERAL DESIGNEE CLARKSON stated that the attorney
general's job is to advise the governor and the office of the
governor on the law, so the governor can make policy decisions.
His job is to provide the governor with his best legal advice,
not to put a stop to the governor or the legislature if either
decides to run ultra vires of what the constitution requires
since that is the role of the judiciary, he said.
3:41:51 PM
CHAIR HUGHES said a number of federal lands cases are pending,
that the attorney general can pursue these cases to different
degrees, so to speak to his plans for the cases.
ATTORNEY GENERAL DESIGNEE CLARKSON said the DOL is anxiously
awaiting a U.S. Supreme Court decision in the Sturgeon [v.
Frost] case, which will provide insight going forward. He
suggested that it would be premature to outline a plan prior to
the ruling; however, that decision will impact issues related to
how land and resources are managed and controlled, Indian
Country, and whether ANSCA [Alaska Native Claims Settlement Act]
extinguished [rights]. Once issued the state will review the
decision with the ultimate goal being to protect Alaska's best
interests and Alaska's sovereignty. He emphasized that Alaska's
statehood compact is important.
3:43:14 PM
CHAIR HUGHES suggested that after the ruling, perhaps the matter
could come before the committee.
3:43:23 PM
SENATOR MICCICHE asked for the status of the Hope Center
litigation, related to [a faith-based non-profit that operates
as] the Downtown Soup Kitchen.
ATTORNEY GENERAL DESIGNEE CLARKSON described the case, stating
that he was the attorney representing the Downtown Soup Kitchen,
a shelter that provides charitable services to abused homeless
women in Anchorage, including food, showers and other services.
A complaint was filed against the Downtown Soup Kitchen by the
Anchorage Equal Rights Commission, accusing the shelter of
discriminating against a person [by denying shelter services to
a transgender woman]. He said the person initially was turned
away because the person was inebriated and had a facial cut.
Using personal funds, the executive director gave the person cab
fare to the hospital for treatment. The next day the person
arrived several hours before the shelter opened at 5:45 p.m. He
opined there was no discrimination in violation of the law, that
the case is still ongoing, but he is no longer the attorney
involved in the case.
3:45:27 PM
SENATOR MICCICHE noted his legal background and law practice
involved cases in nearly every area of law except statutory and
criminal law. He asked him to explain to Alaskans how he would
close that gap with his absence of criminal law experience.
ATTORNEY GENERAL DESIGNEE CLARKSON answered that he litigated
six civil cases under the federal Racketeer Influenced and
Corrupt Organizations Act, commonly referred to as the RICO Act.
The RICO Act creates civil and criminal liability for
individuals who conduct the appearance of enterprise through a
pattern of racketeering activities, that a pattern of
racketeering requires two acts of racketeering within two years,
for crimes including mail, wire and banking fraud, bribery,
extortion, and other crimes such as murder and arson. The RICO
Act was designed to address organized crime due the way these
individuals conduct their affairs. Although these cases were
civil cases, they involved proving criminal offenses. He does
have some degree of experience involving criminal offenses and
gained familiarity with the process necessary to prosecute
criminal cases. He shared that when he encounters something new,
he studies and learns it, which is what he has been doing for 34
years, he said.
3:47:12 PM
SENATOR KIEHL recalled that early in the previous
administration, the state lost cases related to tribal court
authority. He said that Alaska is unique in its tribal law. He
recalled him stating this area of law is still evolving. He
asked for an assessment of opportunities and potential risks of
expanding tribal sovereignty and tribal courts in Alaska.
ATTORNEY GENERAL DESIGNEE CLARKSON replied that in some ways
tribal sovereignty and tribal courts are separate issues. The
Alaska Supreme Court (ASC) has already recognized that tribes
have inherent authority to govern disputes involving children
and tribes have the right in Alaska to be involved in family
law, including child support and child custody. He said it is
efficient for the state to engage tribal communities directly in
prosecuting criminal cases. Civil diversion agreements are
efficient, effective, and important programs that the state
should continue to use in these criminal cases; however, the
state must protect the state's interests by ensuring civil
diversion agreements contain adequate waivers of sovereign
immunity.
3:49:07 PM
SENATOR KIEHL related his understanding of Mr. Clarkson's
involvement with the Alliance Defending Freedom (ADF), that he
has made complimentary statements about them and their work. He
said his constituents have expressed concerned about this, since
this organization supported criminal penalties for homosexuality
in the U.S. and abroad and defended state-sanctioned
sterilization of transgendered people. He asked him to describe
his level of continued involvement and commitment to those
issues and that group.
ATTORNEY GENERAL DESIGNEE CLARKSON acknowledged he worked with
and served on committees for the ADF. He was not aware of the
organization's support of criminal penalties for any lifestyle
choices an individual might make or any support for
sterilization. He said he would be shocked if it were true. He
characterized the ADF as a charitable non-profit organization
and public interest law firm that provides legal representation
to protect religious liberty, rights-of-conscience, defend pro-
life litigation and present the pro-life viewpoint to the
courts. He characterized it as a fine organization. He said he
previously served on the ADF's grant committee to raise funds
for volunteer lawyers. He recalled the ADF worked alongside the
ACLU [American Civil Liberties Union] to protect a Juneau
student's free speech rights, in the "Bong Hits 4 Jesus" case.
He emphasized protecting free speech rights for all students,
not just in that case, since school districts could squelch
student's free speech anytime it is inconsistent with its
educational mission. He emphasized that he and the ADF firmly
believe in free speech.
3:52:32 PM
SENATOR KIEHL specifically asked for his position on the two
aforementioned issues.
ATTORNEY GENERAL DESIGNEE CLARKSON said he would not support the
two issues.
3:52:54 PM
CHAIR HUGHES suggested some confusion with the Alliance
Defending Freedom stems from the Southern Poverty Law Center,
who condemned the ADF as a hate group; however, last November
the Washington Post reported it was an inappropriate assignment
to the group. She said the ADF is a group that protects what it
believes are liberties.
3:53:23 PM
SENATOR KAWASAKI referred to Mr. Clarkson's resume, that in
1998, he assisted the legislature in drafting the marriage
amendment, arranged testimony, and represented the legislature
on legal matters. In 2005, he worked as an intervener and as
counsel in the Defense of Marriage Coalition, the Oregon Circuit
Court and the Oregon Supreme Court on various same-sex marriage
constitutional issues. In 2007, under ACLU v. State, he
represented Catholic University of America on a marriage law
project to defend the state's employment benefits program, which
did not provide benefits to employees who were in a same-sex
marriage. He asked how he would counsel the governor if a bill
curtailed those activities. Alaska has strong protections for
abortion, he said. He further asked how he would counsel the
governor or the legislature if either wanted to limit access to
this medical procedure in Alaska.
ATTORNEY GENERAL DESIGNEE CLARKSON said he will advise the
governor on current law. Each of the cases he mentioned were
formative in developing Alaska's law, he said. In 1998, one
state, either Vermont or Massachusetts, recognized same-sex
marriage, but eventually 38 states, including Alaska passed
amendments to protect marriage as being between one man and one
woman. He said, "The law is the law." The U.S. Supreme Court's
Obergefell decision is the law of the land. That is what he
would advise the governor on marriage and abortion, he said. He
previously worked on parental consent, parental notice, and
public funding litigation. He recapped that he respects that law
and his advice as attorney general to the governor or the
legislature will reflect current law and not his personal views
on these issues.
3:56:39 PM
CHAIR SHOWER asked if he had plans to push back on federal
government overreach since the state has burdensome regulations
in its land management plans.
ATTORNEY GENERAL DESIGNEE CLARKSON said it is important to
protect Alaska's sovereignty from overreaching by the federal
government regardless of the agency, recalling that the
Environmental Protection Agency raised air quality issues in
Fairbanks. However, the state must evaluate each case
individually.
CHAIR SHOWER related his understanding that attorneys must argue
positions for their clients. He said Mr. Clarkson has made clear
his intent to follow the law, regardless of his personal
positions or ideology. He understood that despite his legal work
on behalf of clients and his personal positions on social
issues, he has every intent to follow the law, that he will
advise the governor and govern his department in accordance with
current law. He asked him if that is true.
ATTORNEY GENERAL DESIGNEE CLARKSON said yes, that is true. He
clarified that the issues for parental consent, parental notice,
and abortion were not decided until his cases were litigated. In
1997-1998, he was asked to represent the Alaska legislature to
defend the parental consent act that the legislative passed. In
fact, the legislature overrode a veto to do so, which
demonstrates the overwhelming support in the legislature for
parental consent, that about 40 states also supported parental
involvement at the time. As an attorney, his job was to defend
his client and their interest, and the legislature was well
within the bounds of constitutional law to pass parental consent
legislation. By 1998, the U.S. Supreme Court ruled in nine
separate cases that parental consent laws were fully
constitutional and permissible, with only a handful of states
ruling them unconstitutional. He did not think it would be fair
to claim the position he litigated on behalf of the state and
the legislature before the ASC was out of kilter with the
sentiment in the rest of U.S. He lost that case in a 3-2
decision. He said the ruling stands.
He said the parental consent act was stuck down, according to
the ASC, because it found a parental notice law would be less
burdensome, but an equally effective way of advancing the
state's compelling interests to protect the health of minors.
The ASC expressly said that the [Alaska] Constitution permits a
statutory scheme to advise and notify parents to allow them to
participate in their daughter's decision making with respect to
abortion and pregnancy. That constitutes the legal perspective.
It is up to the legislature and the people to decide whether to
support or pass another initiative. He said the previous
initiative passed by 60 percent. He assured members that his
advice to the governor, the legislature, and departments will be
consistent with current law and not his personal view.
4:03:22 PM
SENATOR MICCICHE asked for clarification on the status of the
discrimination complaint, recalling a separate case was filed
against him.
ATTORNEY GENERAL DESIGNEE CLARKSON said that case was dismissed.
He explained that when he represented the Hope Center in the
discrimination case, he was merely representing his client, when
filing a response asserting there had been no discrimination.
When a reporter asked him to comment on the case, he provided
the legal response and subsequently a newspaper wrote an article
based on the legal filing. The Anchorage Equal Rights Commission
(AERC) initially accused him of committing an act of
discrimination because he expressed his client's position in
ongoing litigation, but the claim was subsequently dismissed.
4:05:28 PM
CHAIR HUGHES opened public testimony for the confirmation
hearing of Kevin Clarkson as attorney general, State of Alaska.
4:06:09 PM
ALISON CURRY, Planned Parenthood, stated her opposition to Mr.
Clarkson serving as attorney general because the organization
does not trust that he is qualified to uphold Alaska's
Constitution. She said that Alaskans deserve an attorney general
who will advocate for the constitutional rights of all people
and not elevate one group's rights over all others.
During his legal career, he has elevated religious freedoms
above other basic human rights and needs. He has consistently
shown a disregard for the reproductive and sexual health of
Alaskans. He spearheaded unsuccessful lawsuits that support laws
to roll back the right to privacy for some Alaskans, that anti-
abortion laws were correctly deemed as unconstitutional by the
ASC. He also opposed equal rights for the LGBTQ {Lesbian, Gay,
Bisexual, Transgender, Queer) community, by supporting an
amendment to Alaska Constitution to ban same sex marriage. She
noted that he received the lowest rating among his colleagues
when applying for a vacant seat to the ASC. She urged the
committee to reject his nomination.
4:08:23 PM
BESSE ODAM, representing herself, stated that the job of
attorney general is no doubt a tough one, that issues must be
thought through, unbiased and just for all. She questioned
whether the appointee would be able to do so on tough issues
because he has been a partisan lawyer, representing anti-
abortion and anti-LGBTQ clients. She encouraged the committee to
research his record and reconsider this appointment.
4:09:54 PM
JERRY ALDERMAN, representing himself, said it was clear to him
that the appointee's ideology is to the right and those views
are fine in the private sector. He expressed concern that
ideology should not be part of the decision-making process or
policy process in the public sector. He said that decisions
should be based on facts, objectivity, sound reasoning and
expertise. He offered his belief that his ideology guides his
decisions. He asked members to reconsider this appointment.
4:11:43 PM
DIANE PENDERGRAST, representing herself, testified in opposition
to the appointment of Kevin Clarkson as attorney general. She
expressed concern that the attorney general designee could not
be impartial on issues related to reproductive rights and
Planned Parenthood, which are needed in Alaska. She urged
members not to support the appointment.
4:13:52 PM
CHAIR HUGHES said testimony can be submitted in writing to
senate.judiciary@akleg.gov.
4:14:09 PM
ZHENIA C. PETERSON, representing herself, testified in
opposition to Kevin Clarkson as attorney general. She expressed
concern about his ideology and cases he represented in
opposition of same sex marriage, bias against LGBTQ, and against
reproductive rights. She said access to health care is central
to her livelihood. She expressed concern that he will not look
out for the best interests of Alaska and will forward his own
personal agenda. She asked members to vote against his
nomination.
4:15:49 PM
JEFF FELDMAN, Attorney, Professor, University of Washington Law
School, stated that he has been a practicing attorney for 43
years, and has served as president of the Alaska Bar Association
for 13 years and as a member and chair of the Alaska Commission
on Judicial Conduct. He has known Mr. Clarkson for 25 years but
has primarily encountered him as an opponent. He said he was
often on opposite sides of high-profile cases related to
reproductive freedom, ballot initiatives, and redistricting.
While he does not agree with him on issues, he admires him and
counts him as a valued friend and colleague, as well as a
thoughtful, and competent lawyer. He generates extremely well-
written and well thought out legal work and his oral advocacy is
superb. He cares deeply about the rule of law and the tenets of
the judiciary. He found him to treat members of the legal
community with respect and he participates in pro bono and
public interest matters. He acknowledged previous testifiers'
concerns. He has taught constitutional courses for other lawyers
with Mr. Clarkson and found him to present his positions in a
balanced and fair-minded way. He anticipated he would do the
same as the attorney general. In closing, he said he believes
Mr. Clarkson is an excellent nominee.
4:19:22 PM
JOHN THORSNESS, Attorney, said he is a lifelong Alaskan, that he
has been a lawyer for 35 years and has known Mr. Clarkson for
about 30 years. He has worked with him and against him on legal
cases. He said, "He is one of the finest men I know." He
commended his fairness, work ethic, and his unfailingly polite
demeanor to everyone in the legal community. He demonstrates
deep humility, he said. He found him to be a credit to the legal
community, his family, himself and predicted he will be a superb
attorney general. He thanked members for the opportunity to
endorse this nomination.
4:20:49 PM
VALANNE GLOOSCHENKO, representing self, said that when Mr.
Clarkson applied for a position on the Alaska Supreme Court, he
only scored 2.7 of 5 out of all attorneys who felt he would not
be able to uphold the Alaska Constitution if he were appointed
to the ASC. She felt that score indicates he is not qualified to
be attorney general. She pointed out that he was involved in an
issue to bar qualified sex educators from Alaska's public
schools despite overwhelming support.
4:22:28 PM
At-ease.
4:22:39 PM
CHAIR HUGHES reconvened the meeting.
4:23:17 PM
MATT PETERSON, representing self, said he is an attorney and he
has known Mr. Clarkson for 10-15 years. He has been involved in
a number of cases as co-counsel or opposing attorneys. He
currently works as a mediator and has observed his interactions
with his clients. He characterized his experience as broad, that
he is highly competent in assessing facts, the legal structure,
and he exercises good judgment when applying the law. He is very
professional and would be an excellent leader at the DOL. He
strongly supported him for attorney general due to his
background, judgment and ethics.
4:25:19 PM
DEBORAH TENNYSON, representing self, stated she is testifying
against the confirmation of Mr. Clarkson as attorney general.
She expressed concern for his apparent mission to use his
profession to fight for his particular view on religious freedom
in Alaska. She said his active involvement as an ally attorney
for the Alliance Defending Freedom group in support of their
obsession in fighting women's reproductive rights and the
freedom of Alaskans to love and marry people of their choice is
pretty disturbing. That group finds him to be a leading luminary
in the fight for religious freedom in Alaska. She did not think
an attorney general should come to the position with a personal
history of volunteering with any group that attacks the rights
of citizens. She offered her belief that his appointment would
be terribly divisive and hurt all of Alaska. She urged members
to vote against the appointment.
4:27:02 PM
LOREN LEMAN, representing himself, as a lifelong Alaskan, former
legislator and Lt. Governor, stated his support for Mr. Clarkson
as attorney general. He said he appreciated Mr. Feldman's
testimony and that he has great respect for him even though he
does not agree with him on some issues. His support demonstrates
respect for the law and the manner in how one conducts himself
can cross the political spectrum. He offered his belief that
Governor Dunleavey made a very good choice in pursuing Mr.
Clarkson to serve Alaska. He has known him for 30 years and
during the past 24 years he has worked as legal counsel
supporting and representing Alaska on issues, including parental
consent, marriage, and on a ballot initiative on parental
involvement, which are some of the most important issues he
faced during the 18 years in elected office. He has found him to
be fair, thorough, thoughtful and smart. He respects the
constitution and the law. He conducts himself with dignity and
is humble. He encouraged members to report from committee with a
"do confirm" recommendation.
4:29:56 PM
ROBIN BRENA, Attorney; Owner, Brena Bell, & Clarkson, stated his
support for Mr. Clarkson as attorney general. He has known him
for decades and has worked with him for 24 years. No one is more
familiar with him as an attorney, the quality of his work, or
his integrity than him. He said he is a good friend. He said Mr.
Clarkson is an excellent attorney and has respect for the law.
Last year he was awarded the distinguished service award from
the Alaska Bar Association for volunteering his time on ethics
matters. He said he is a good family man, father and son. He
said Alaska would be lucky to have him enter public service as
attorney general. He remarked that he and Mr. Clarkson have
debated many issues, that he conducts himself with respect
during the dialogue on them. He said it is clear he respects the
law and other people's opinions.
4:32:01 PM
MIKE GERAGHTY stated he is an attorney who has practiced law in
Alaska for over forty years. Between 2012-14, he served as
attorney general in Alaska. He commends the governor for his
appointment of Mr. Kevin Clarkson as attorney general. He said
he usually was on opposite sides of cases, but their
relationship was professional and without malice. Besides being
an excellent attorney, he called him "a straight shooter." He
reserves that term for people like Mr. Clarkson who are direct,
honest, and humble. He brings substantial experience, ability,
and professionalism to the position and respects the law. He
said he understands Mr. Clarkson has strong personal convictions
that he has pursued over the years. He said many people have
convictions, but few invest the time and effort to actively
support those convictions. He admires that he defends his
principles and beliefs, which he finds is a virtue not a vice.
He acknowledged that they do not necessarily share the same
convictions and beliefs. However, when he takes that oath of
office, he feels confident Mr. Clarkson will put those personal
convictions aside and do his utmost to uphold the laws of the
state and Alaska's Constitution because he will take an oath to
do so. He said he endorses his candidacy in the strongest terms
and without qualifications.
4:34: 33 PM
ERIC SANDERS, Attorney, stated that he has practiced law for 43
years, and is a retired superior court judge, serving for seven
years. He has been a trial lawyer, mediator, and arbitrator. He
said politically he would identify himself as a liberal. He has
known Mr. Clarkson for about 30 years, has worked as opposing
counsel in many lawsuits. He said Mr. Clarkson appeared before
him. He has mediated and arbitrated cases Mr. Clarkson has been
involved in, and he has ruled against him. He has worked with
him on complicated lawsuits. He said he finds him to be hard
working, diligent, thorough, honest, and very ethical. He has
never experienced any bias from him. He respects the law and
people, he said. He does not believe Mr. Clarkson's personal
views will affect his ability to carry out his duties as
attorney general. He discounted the [Alaska Bar Association]
polls, noting they are anonymous, and some attorneys might want
to punish him because he is not as liberal as some lawyers. He
thinks the people testifying today who litigated cases with him
provide more meaningful feedback on his appointment. He said he
thinks that there would be unanimous support among members of
the bar for him as attorney general.
4:37:19 PM
ROBIN SMITH, representing herself, said she opposes Mr.
Clarkson's appointment. She expressed concern over his personal
views, which she found to be outside the normal viewpoint of
Alaskans and at odds with the Alaska Constitution. She
acknowledged he is entitled to his beliefs, but she was deeply
concerned about his intolerance to the LGTBQ community, that he
has worked to change the non-discrimination law in Anchorage and
is opposed to same-sex marriage. She said he has worked to deny
Jewish people from giving the invocation at KPB meetings. Alaska
has one of the highest rates of sexually-transmitted infections,
rape, and sexual assault in the U.S. yet he has worked to
restrict sex education and abortion in Alaska. She expressed
concern about the appearance of bias since the attorney general
must be able to represent all Alaskans. She expressed concern
that the people who do not share his views will not be treated
fairly. She urged members to vote against Mr. Clarkson's
nomination.
4:40:13 PM
MIKE COONS, President, Greater Alaska Chapter of the Association
of Mature American Citizens, said he fully supports Mr. Clarkson
for attorney general. After hearing today's testimony, he is
even more supportive of him. He said Article VI of the U.S.
Constitution states that no religious test shall ever be
required for qualification to any office or public trust under
the United States. He said that includes the states. He offered
his belief that Alaska needs a person of strength to serve in
the position to oversee state and federal lawsuits, and to work
with the U.S. attorneys general to prosecute federal felonies
and uphold the Alaska Constitution and not special interests. He
emphasized that Mr. Clarkson will be the state attorney general
Alaskans can be proud of who will uphold the rule of law.
4:42:26 PM
SENATOR BIRCH joined the meeting.
4:42:43 PM
JUDY ELEDGE, representing herself, said she has known Mr.
Clarkson for many years, and he is a man of integrity. She
agreed that he has strong beliefs, just as many people do. She
expressed concern that someone who defends religious freedom is
deemed unfit to serve. She strongly supports him for attorney
general. She said she looks forward to decisions being based on
U.S. law and the Alaska Constitution. She offered her belief
that he will be able to interpret the law using them.
4:43:45 PM
CHAIR HUGHES after first ascertaining no one else wished to
testify, closed public testimony.
4:44:27 PM
CHAIR HUGHES stated that this meeting has been informative. She
thanked Mr. Clarkson.
4:45:07 PM
CHAIR HUGHES stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee and Senate State Affairs
Standing Committee reviewed the following and recommends the
appointment be forwarded to a joint session for consideration:
Attorney General, State of Alaska
Kevin Clarkson - Anchorage, Alaska
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.
4:45:43 PM
CHAIR HUGHES made committee announcements.
4:46:28 PM
CHAIR SHOWERS made committee announcements.
4:47:09 PM
ATTORNEY GENERAL DESIGNEE CLARKSON asked to respond to some
comments. He stated that Mr. Sanders, a former superior court
judge, addressed the Alaska Bar Association survey very well. He
explained that about half score him fairly high and the other
half scores him fairly low. Those surveys do not reflect him as
an attorney. He referred to a Martin Dale Hubble rating that is
a peer review rating and he received the highest rating possible
on that survey. He acknowledged he has applied for judgeships
and once it triggered a vote from the chief justice, who said
no. She called him to tell him she felt he needed more
experience in family law before holding a seat on the court. He
said he did not work against sex education in schools and he was
not aware of any work he did that related to sex education in
schools.
4:50:36 PM
There being no further business to come before the committee,
Chair Hughes adjourned the joint meeting of the Senate Judiciary
Standing Committee and the Senate State Affairs Standing
Committee at 4:50 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| JUD Commissioner Attorney General LAW Clarkson #1.pdf |
SJUD 1/29/2019 3:00:00 PM SSTA 1/29/2019 3:00:00 PM |
AG Clarkson Resume ATTONREY GENERAL CLARKSON RESUME |
| SSTA Agenda Week of 1.29.19.pdf |
SSTA 1/29/2019 3:00:00 PM |
1.29.19 Agenda |