03/22/2019 01:30 PM House JUDICIARY

        HB  49-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                    
                                                                                                                                
1:47:34 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  49  "An   Act  relating  to  criminal  law  and                                                               
procedure;  relating   to  controlled  substances;   relating  to                                                               
probation;  relating  to  sentencing;   relating  to  reports  of                                                               
involuntary  commitment;   amending  Rule  6,  Alaska   Rules  of                                                               
Criminal Procedure; and providing for an effective date."                                                                       
                                                                                                                                
CHAIR  CLAMAN   read  from   the  following   prepared  statement                                                               
[original punctuation provided].                                                                                                
                                                                                                                                
     Before we take up HB 49, I'd like to share my concerns                                                                     
     about two topics:                                                                                                          
                                                                                                                                
     First,  I   was  troubled  to  learn   that  yesterday,                                                                    
     Governor Dunleavy  refused to  fill an  Alaska Superior                                                                    
     Court  vacancy  in Palmer  as  required  by the  Alaska                                                                    
     Constitution and  state law.  Article IV, Section  5 of                                                                    
     the  Alaska Constitution  states:  "The governor  shall                                                                    
     fill any vacancy in an  office of supreme court justice                                                                    
     or superior  court judge  by appointing  one of  two or                                                                    
     more  persons  nominated   by  the  judicial  council."                                                                    
     Alaska  Statute  22.15.170.  requires the  Governor  to                                                                    
     select a judge from that list within 45 days.                                                                              
                                                                                                                                
     The oath that  I take to serve in  this office requires                                                                    
     that I swear to uphold  "the Constitution of the United                                                                    
     States and  the Constitution  of the State  of Alaska."                                                                    
     The Governor took the same oath to serve as Governor.                                                                      
     The authors  of Alaska's Constitution believed  that it                                                                    
     was  important to  have judges  who were  honest, fair,                                                                    
     impartial,  intelligent,  experienced in  applying  the                                                                    
     law, and  committed to  following the  rule of  law. To                                                                    
     achieve this,  framers of our  Constitution established                                                                    
     a  merit selection  system for  choosing  judges and  a                                                                    
     retention  election system  for  retaining them.  Merit                                                                    
     selection  ensures that  the Council  has conducted  an                                                                    
     apolitical evaluation  of the  applicant's professional                                                                    
     qualifications  and  every  judge  is  among  the  most                                                                    
     qualified for that position.                                                                                               
                                                                                                                                
     By  refusing  to  select from  the  list  of  qualified                                                                    
     candidates  nominated  by  the  Judicial  Council,  the                                                                    
     Governor is failing to  uphold the Alaska Constitution.                                                                    
     The  Governor's  inaction  in unprecedented  in  Alaska                                                                    
     history.  Both  Gov.  Hickel and  Gov.  Murkowski  were                                                                    
     sometimes  unhappy with  nominations from  the Judicial                                                                    
     Council. But  each time, despite  their dissatisfaction                                                                    
     with the  choices before them, they  respected the Rule                                                                    
     of  Law  by  appointing  a judge  within  45  days,  as                                                                    
     required  by  law.  Governor  Dunleavy  has  failed  to                                                                    
     follow the Rule of Law.                                                                                                    
                                                                                                                                
     Second,   I  am   troubled  by   the  news   of  travel                                                                    
     restrictions  placed  on  Quinlan Steiner,  the  Public                                                                    
     Defender. We recently learned at  a House State Affairs                                                                    
     Committee    hearing,    that   the    Department    of                                                                    
     Administration forwarded  Mr. Steiner's  travel request                                                                    
     to the  Governor's office and  the Governor's  Chief of                                                                    
     Staff  denied  all  travel for  the  remainder  of  the                                                                    
     legislative session.                                                                                                       
                                                                                                                                
     There appears to  be no precedent in  Alaska history in                                                                    
     which the Governor authorized  prosecutors to travel to                                                                    
     Juneau to testify on crime  bills, but refused the same                                                                    
     courtesy and privilege to the Public Defender.                                                                             
                                                                                                                                
     Having the  perspective of both  the Department  of Law                                                                    
     and  the  Public  Defender  when  reviewing  any  bills                                                                    
     related to public safety is  crucial. And my experience                                                                    
     in  the capitol  has shown  me, again  and again,  that                                                                    
     [appearing in person] is an advantage.                                                                                     
                                                                                                                                
CHAIR CLAMAN interjected and said,   I am reminded of a very                                                                    
experienced prosecutor who  once said to me that  one of the                                                                    
best parts  about the American  system of justice  is almost                                                                    
everyone who  is convicted is  guilty, and thats  a  part of                                                                    
having a two-sided perspective.                                                                                                 
                                                                                                                                
CHAIR CLAMAN continued reading from his prepared statement                                                                      
[original punctuation provided]:                                                                                                
                                                                                                                                
     Because  I  am firmly  committed  to  a fair  and  open                                                                    
     process  with  a  level field,  we  will  continue  our                                                                    
     hearing on House Bill 49 on Monday.                                                                                        
                                                                                                                                
     Moving  forward,  all  Anchorage-based staff  with  the                                                                    
     Administration  providing   testimony  on   any  public                                                                    
     safety bills  will only  be heard  telephonically until                                                                    
     the  Governor's office  decides to  approve the  Public                                                                    
     Defender's travel [to Juneau].                                                                                             
                                                                                                                                
[HB 49 was held over.]