Legislature(2013 - 2014)CAPITOL 120
03/14/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HJR18 | |
| HJR33 | |
| HB127 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 127 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HJR 18 | TELECONFERENCED | |
| += | HB 205 | TELECONFERENCED | |
| += | HJR 33 | TELECONFERENCED | |
HJR 33-CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL
1:57:18 PM
CHAIR KELLER announced that the last order of business would be
HJR 33, "Proposing amendments to the Constitution of the State
of Alaska to increase the number of members on the judicial
council and relating to the initial terms of new members
appointed to the judicial council." [Before the committee is
CSHJR 33, Version 28-LS1509\U, Wallace, 3/3/14.]
1:58:11 PM
CHAIR KELLER opened public testimony.
1:58:18 PM
JOHN TODD stated he fully concurs with the language of HJR 33
but it does not go far enough to address other serious issues in
the legal system. He related his own experience with a court
violating its own laws as set out in the Alaska Rules of
[Professional] Conduct, specifically Rule 11. He stated support
for HJR 33. He then highlighted a statement from Mike Huckabee
in which he referred to the judicial system as immoral, and
noted that U.S. Senator Lisa Murkowski had rather derogatory
comments about the legal system at the national level. The
current process is one of selecting lawyers to be considered for
judgeships with input from fellow lawyers who will defend their
own regardless of the facts, he opined. This legislation goes a
long way toward correcting a flawed process.
2:03:58 PM
CHAIR KELLER closed public testimony.
2:04:40 PM
The committee took a brief at-ease.
2:04:59 PM
CHAIR KELLER pointed out that the next committee of referral for
HJR 33 is the House Finance Committee and there is a companion
[resolution] to HJR 33 in the Senate that is headed to the House
Finance Committee. He then noted his preference for moving HJR
33 out of the House Judiciary Standing Committee today.
REPRESENTATIVE GRUENBERG suggested that the House or Senate
version of HJR 33 [be assigned] to the House Judiciary Standing
Committee rather than "punting" it to another committee,
otherwise this committee will not have an opportunity to review
the Senate's revisions.
CHAIR KELLER assured the committee that the Senate Judiciary
Standing Committee is giving the resolution a thorough vetting
as is the House Judiciary Standing Committee. The two versions
will come together in the [House] Finance Committee, he
explained.
2:07:05 PM
REPRESENTATIVE LYNN moved to report CSHJR 33, Version 28-
LS1509\U, Wallace, 3/3/14, out of committee with individual
recommendations and the accompanying fiscal notes.
2:07:44 PM
REPRESENTATIVE GRUENBERG objected, noting that his questioning
and statements on the record speak for themselves. He then
opined that members of this committee should have an opportunity
to weigh in on potential Senate Judiciary Standing Committee
changes. This is an Alaska State Constitutional amendment
dealing with the judiciary and not an Alaska State
Constitutional amendment dealing with the financial process in
this institution. He related his impression that people are
anxious to pass the bill, yet it is too important to rush
through. He opined that the House Judiciary Standing Committee
has a responsibility and if the committee does not exercise that
responsibility on an issue like this, then members can hardly
complain at what happens in the rest of the process. The
committee cannot endorse HJR 33 if the committee has not vetted
it themselves and this is something to be taken seriously, he
opined.
2:09:22 PM
CHAIR KELLER offered that the committee agrees that HJR 33 is a
very important and serious matter as it proposes a vote to go
before the people, particularly on this topic. Therefore, he
surmised that Representative Gruenberg did not mean to say that
the House Judiciary Standing Committee hasn't given HJR 33 a
thorough vetting.
REPRESENTATIVE GRUENBERG noted his agreement that the House
Judiciary Standing Committee has had opportunities [to vet HJR
33], but pointed out he does not know where the companion to HJR
33 is in the Senate and whether it is identical to Version U
that is before this committee. If the Senate's resolution is
identical he said he would feel more comfortable. However,
there are unknowns in terms of what the companion bill will be
if it passes the Senate. He reiterated that the judicial system
works well, the system of selecting judges works well, and the
Alaska State Constitution is relatively new.
2:11:15 PM
CHAIR KELLER interrupted Representative Gruenberg and asked that
he speak to his objection as his comments are clearly on the
record by prior testimony and discussion. He said he does not
want the committee to get into a debate.
REPRESENTATIVE GRUENBERG responded that he thought this was the
time to debate HJR 33.
CHAIR KELLER related that HJR 33 has been debated and currently
there is a motion to move HJR 33. He reminded Representative
Gruenberg of his objection and that he should be speaking to his
objection to moving HJR 33 out of committee.
REPRESENTATIVE GRUENBERG, noting that he is not arguing with
Chair Keller, related his understanding that this is the time to
debate the main issue on the content of HJR 33 and whether it
should move out of committee.
2:12:19 PM
The committee took a brief at-ease.
2:13:12 PM
CHAIR KELLER explained that when legislation is before the
committee for debate the legislation is first before the
committee for presentation during which questions can be asked
and members can interact with the sponsor and hear from various
witnesses who call in to testify. After questions are answered,
the legislation is then moved before the committee for
discussion. He explained that in this case, when he closed
public testimony and said the resolution is before the committee
for discussion, instead of discussion there was a motion to move
the resolution out of committee to which Representative
Gruenberg objected. Therefore, the question before the
committee is whether or not HJR 33 should move from committee.
2:14:32 PM
The committee took a brief at-ease.
2:15:34 PM
CHAIR KELLER then requested that Representative Gruenberg speak
to a procedural motion to move the resolution out of committee,
but not to go beyond that. In further response to
Representative Gruenberg, Chair Keller clarified that a non-
debatable procedural motion is before the committee and he will
call the roll. He then requested the roll call vote be taken.
A roll call vote was taken. Representatives LeDoux, Lynn,
Pruitt, and Keller voted in favor of reporting CSHJR 33, Version
28-LS1509\U, Wallace, 3/3/14, from committee. Representative
Gruenberg voted against it. Therefore, CSHJR 33(JUD) was
reported from the House Judiciary Standing Committee by a vote
of 4-1.
2:17:45 PM
The committee took an at-ease from 2:17 p.m. to 2:29 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR 18 Proposed Amendment A.5.pdf |
HJUD 3/14/2014 1:00:00 PM |
HJR 18 |
| HJR 18 Proposed Amendment A.3.pdf |
HJUD 3/14/2014 1:00:00 PM |
HJR 18 |
| CSHB 127 (STA) Proposed Amendment E.3.pdf |
HJUD 3/14/2014 1:00:00 PM |
HB 127 |