Legislature(2021 - 2022)GRUENBERG 120
04/07/2021 01:00 PM House JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Commission on Judicial Conduct | |
| HB155 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 57 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 155 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 7, 2021
1:17 p.m.
DRAFT
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Liz Snyder, Vice Chair (via Teams)
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Christopher Kurka
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Commission on Judicial Conduct
Todd Fletcher - Anchorage
Donald McClintock III - Anchorage
Robert Sheldon - Anchorage
Karla Taylor-Welch - Fairbanks
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 155
"An Act relating to court-appointed visitors and experts;
relating to the powers and duties of the office of public
advocacy; relating to the powers and duties of the Alaska Court
System; and providing for an effective date."
- MOVED HB 155 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 155
SHORT TITLE: COURT SYSTEM PROVIDE VISITORS & EXPERTS
SPONSOR(s): REPRESENTATIVE(s) TUCK
03/29/21 (H) READ THE FIRST TIME - REFERRALS
03/29/21 (H) JUD, FIN
04/05/21 (H) JUD AT 1:00 PM GRUENBERG 120
04/05/21 (H) Heard & Held
04/05/21 (H) MINUTE(JUD)
04/07/21 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
TODD FLETCHER, Appointee
Commission on Judicial Conduct
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
DONALD MCCLINTOCK III, Appointee
Commission on Judicial Conduct
Anchorage, 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.
KARLA TAYLOR-WELCH, Appointee
Commission on Judicial Conduct
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
JAMES STINSON, Director
Office of Public Advocacy
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered a question during the hearing on
HB 155.
ACTION NARRATIVE
1:17:28 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:17 p.m. Representatives Drummond, Kreiss-
Tompkins, Eastman, Snyder (via Teams), and Claman were present
at the call to order. Representatives Vance and Kurka arrived
as the meeting was in progress.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Commission on Judicial Conduct
Commission on Judicial Conduct
1:18:11 PM
CHAIR CLAMAN announced that the first order of business would be
the Confirmation Hearing for consideration of the governor's
appointees to the Commission on Judicial Conduct.
1:18:42 PM
CHAIR CLAMAN opened public testimony on the confirmation
hearing.
1:19:08 PM
TODD FLETCHER, Appointee, Commission on Judicial Conduct, stated
that he is one of the citizen members on the Commission of
Judicial Conduct. He offered his personal and occupational
history, as provided in his resume [included in the committee
package], and he imparted that he has enjoyed his time working
with the attorneys and judges on the commission. In response to
Chair Claman, he said, "I have been on the commission, but this
is my first ... appointment, I think because of ... the COVID
situation."
1:20:35 PM
MR. FLETCHER, in response to a question from Representative
Eastman, said he had reached out to discover how he could give
back to community, and this position was one that was available.
He stated the importance of the judicial system and said he felt
he could be a good public member.
1:21:22 PM
MR. FLETCHER, in response to Representative Drummond, clarified
he has been serving a year and a half, and the commission meets
quarterly; therefore, he has been involved in six or seven
meetings.
1:22:07 PM
CHAIR CLAMAN noted that Mr. Fletcher had been appointed
originally on May 21, 2019, and the term to which he is being
appointed will expire on March 1, 2023.
1:22:19 PM
MR. FLETCHER, in response to a follow-up question from
Representative Drummond, said in his time on the commission thus
far, he estimates he has taken part in 10-20 reviews of judicial
conduct per meeting.
1:23:20 PM
MR. FLETCHER, in response to Representative Eastman, said there
really have not been any types of judicial conduct of particular
concern; many complaints revolve around someone not being happy
with a judge's decision. He explained that the manner of
looking at the complaint allows the commission to determine
whether an ethics [violation] took place. He opined that having
three public members, three attorneys, and three judges allows
the commission members to work well together in addressing
specifics from all different perspectives. In response to a
question about the scope of the commission, Mr. Fletcher said,
"I think our commissioner ends up basically addressing the
situation to see if there is a[n] ethics violation or one that
could possibly be, and then it's brought before us ...." He
described a comprehensive analysis wherein those on the
commission work with transcripts and audio when considering how
things were handled. To another question from Representative
Eastman, he confirmed that he does not currently have any
personal or professional relationships with members of the
judiciary that would be looked on as a conflict of interest.
1:26:51 PM
CHAIR CLAMAN noted for the committee that the next appointee,
Donald McClintock, was first appointed on March 1, 2017, and
that term expired on March 1, 2021; he then was appointed March
1, 2021, for a term that will expire March 1, 2025.
1:27:21 PM
DONALD MCCLINTOCK III, Appointee, Commission on Judicial
Conduct, stated his belief in the importance of the commission's
role to both protect the public and uphold the integrity of the
judicial branch as a valued institution, and he expressed his
appreciation for the chance to contribute to that mission. He
said he is an attorney at law, and he hopes his years of
experience can be of value on the commission. He concurred with
Mr. Fletcher's remark concerning the value of working with
attorney, judicial, and public members on the commission. He
said he appreciates the chance to serve another term.
1:29:00 PM
REPRESENTATIVE EASTMAN asked Mr. McClintock if he had any
personal or professional relationships with any of the members
of the judiciary he may be reviewing that could be a conflict of
interest.
MR. MCCLINTOCK answered that the only conflict of interest is
his friendship with Judge William Morse, and records will show
that he has recused himself from any matters involving Judge
Morse.
1:29:59 PM
REPRESENTATIVE VANCE noted Mr. McClintock's resume listed his
involvement with Justice Not Politics Alaska (JNPA), and she
asked him to elaborate.
1:30:19 PM
MR. MCCLINTOCK replied that JNPA is committed to educating the
public on the unique Alaska process for selection and retention
of judges.
1:31:33 PM
MR. MCCLINTOCK, in response to Representative Eastman, shared
that he had applied once for a position on the Alaska Supreme
Court but was not advanced for consideration to the governor.
1:32:34 PM
CHAIR CLAMAN noted that the next appointee, Robert Sheldon, was
appointed to the Commission on Judicial Conduct on January 29,
2008, for a term that expired a couple months later; he was
reappointed for a series of terms on March 1, 2008, 2012, 2016,
and 2020. The 2020 term is scheduled to expire on March 1,
2024.
1:33:18 PM
ROBERT SHELDON, Appointee, Commission on Judicial Conduct,
offered his biographical information, as shown on his resume
[included in the committee packet]. He said he is a public
member of the commission. He said fortunately most of the
complaints received by the commission are either unsubstantiated
or non-jurisdictional in nature. He said there have been a
maximum of 75 in a given year. He said his background in
economics extends to interconnections with the judiciary branch.
He maintained that Rule of Law is critical to an orderly
functioning of an economy. He noted that Alaska is priced as if
it is "an expensive emerging economy rather than a developed
economy." He expressed his hope that "through a continued
ensuring of confidence in the judiciary ... Alaska's cost in
capital should come down over time." He said serving on the
commission has been a satisfying experience. He emphasized how
important it is that the commission have "orderly continuity of
service," as well as institutional knowledge retention among its
members. He said for a variety of reasons, judge and attorney
representatives on the commission frequently are unable to serve
for more than one, four-year period; public members "help bridge
long-term continuity and knowledge." He said he hopes to be a
part of that [continuity], and he expressed appreciation for the
committee's consideration of his appointment.
1:35:20 PM
REPRESENTATIVE EASTMAN asked Mr. Sheldon whether he thinks a
broader or narrower scope would benefit the Commission on
Judicial Conduct.
MR. SHELDON responded that the vast majority of cases are
dismissed. The makeup of the commissioner is conducive to
effective deliberation. He stated his belief that both the
quality and capability of the commission are sufficient. To
Representative Eastman's question regarding conflict of
interest, he said he does not have any professional or personal
relationships with judiciary that would be a conflict of
interest.
CHAIR CLAMAN thanked Mr. Sheldon for his years of service on the
commission.
1:37:34 PM
CHAIR CLAMAN noted the next appointee, Karla Taylor-Welch, first
served on the Commission on Judicial Conduct beginning March 1,
2016, for a term that expired March 1, 2020; she was then
appointed on April 1, 2020, for a term that will expire on March
1, 2024.
1:37:57 PM
KARLA TAYLOR-WELCH, Appointee, Commission on Judicial Conduct,
noted that she is an attorney member on the commission. She
shared her biographical information from her resume [included in
the committee packet]. She said she thinks her experience with
litigation helps in her service on the commission because she
saw the various personalities that judges face. She said she
decided she could serve another term and now has "a really good
handle on how the commission works." She emphasized her belief
in the constitution and the role of the judiciary as an
independent branch of the government, and she said it is
important for the judiciary branch to remain unbiased and free
of unethical activity, and the commission serves to determine
whether or not a judge's conduct was ethical. She indicated
that the work of the commission ensures the confidence of the
people of Alaska in their judicial system. She concluded that
it is an honor and privilege to serve the people of Alaska in
this way.
1:41:18 PM
REPRESENTATIVE EASTMAN noted that Ms. Taylor-Welch has a
background in family law. He mentioned child in need of aid
(CINA - pronounced like "China") and inquired how many of the
complaints she deals with relate to family law issues.
1:41:46 PM
MS. TAYLOR-WELCH answered that where she has seen complaint
related to family law is within the realm of divorce and
custody, where the person who does not prevail often feels like
he/she was not treated fairly. She clarified that the
complaints, in general, are in civil and family law.
1:43:28 PM
CHAIR CLAMAN, [having opened public testimony at the beginning
of the confirmation hearing], closed public testimony after
ascertaining there was no one further who wished to testify. He
invited final comments from committee members.
1:44:04 PM
REPRESENTATIVE DRUMMOND expressed she was impressed with the
level of commitment and trust the appointees bring to her and
how they represented themselves.
1:44:24 PM
REPRESENTATIVE EASTMAN expressed appreciation for the nominees,
and he said he would do further research and invite input from
his constituents before making a decision.
1:44:44 PM
CHAIR CLAMAN said he appreciated the service of all the
attendees who had served previously and reflected that Mr.
Fletcher seemed to be enjoying the year and a half he had spent
on the commission thus far as a valuable way to serve the
community.
1:45:06 PM
REPRESENTATIVE SNYDER stated that the House Judiciary Standing
Committee has reviewed the qualifications of the governor's
appointees and recommends that the following names be forward to
a joint session for consideration: Todd Fletcher, Donald
McClintock III, Robert Sheldon, and Karla Taylor-Welch to the
Commission on Judicial Conduct. She said this does not reflect
intent by any of the members to vote for or against these
individuals during any further sessions for the purposes of
confirmation.
1:45:39 PM
CHAIR CLAMAN announced that the names of Todd Fletcher, Donald
McClintock III, Robert Sheldon, and Karla Taylor-Welch to the
Commission on Judicial Conduct would be forwarded to the joint
session.
HB 155-COURT SYSTEM PROVIDE VISITORS & EXPERTS
1:45:50 PM
CHAIR CLAMAN announced that the final order of business would be
HOUSE BILL NO. 155, "An Act relating to court-appointed visitors
and experts; relating to the powers and duties of the office of
public advocacy; relating to the powers and duties of the Alaska
Court System; and providing for an effective date."
1:46:25 PM
CHAIR CLAMAN reminded members that at a prior hearing on HB 155,
a question had been asked of Doug Wooliver as to how many cases
were filed each year under [AS 47.30.839], which pertains to
court ordered administration of medication. He reported that
last year there were a total of 63 cases: 50 in Anchorage; 5 in
Fairbanks; 5 in Juneau; and 3 in Palmer. He said he looked at
the conservatorship-related statute - conservatorship being
managed by the court system - and listed were a number of items
that need to be put in a report. He observed there is no
similar recording requirements that are in the guardianship
provision. He questioned if there is a reason for that.
1:48:10 PM
JAMES STINSON, Director, Office of Public Advocacy, Department
of Administration, answered that since 1984, "it has essentially
not been needed to be stated." He explained that court visitors
are doing the same thing, whether it's a conservatorship case or
a guardianship case; they are giving an independent
investigative report to the court. He continued:
At the point the court takes administration of this
program over, I imagine they could set their own
administrative requirements or ... give guidance into
what they need in a report, because ultimately a judge
is having to make a finding on whether or not a
certain threshold is met for somebody to get a
conservatorship or to get a guardianship in either
case, so there has to be sufficient evidence of that,
and the court visitor ... report is sort of one of
those important pieces of evidence where they can
collect ... medical evidence and other things that can
give a court the ability to make that decision.
MR. STINSON concluded that he does not think it is necessary for
the guardianship statute to mirror the conservatorship statute.
He added, "I imagine it'll continue to be the same."
1:49:28 PM
CHAIR CLAMAN invited final comments from committee members.
1:49:39 PM
REPRESENTATIVE DRUMMOND said HB 155 "sounds like a smart move"
and she has no problem supporting it.
1:49:52 PM
REPRESENTATIVE EASTMAN mentioned the two fiscal notes and
questioned why, if one department gains a service the other one
loses, the cost would not remain consistent. He observed the
amount would increase.
1:51:09 PM
CHAIR CLAMAN noted for the record that Representative Snyder
would be voting via Teams.
1:51:22 PM
REPRESENTATIVE SNYDER moved to report HB 155 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 155 was reported out of the
House Judiciary Standing Committee.
1:52:46 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:53 p.m.