Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/29/2017 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB5 | |
| Confirmation Hearings | |
| SB29 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 15 | TELECONFERENCED | |
| *+ | SB 29 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 5 | TELECONFERENCED | |
SB 5-POLITICAL CONTRIBUTION LIMITS/PROHIBITION
1:34:27 PM
CHAIR COGHILL announced the consideration of CSSB 5(STA). He
noted that this is the second hearing and there is a proposed
amendment from Senator Meyer.
1:34:49 PM
SENATOR MEYER moved Amendment 1, labeled 30-LS0112\U.2, for SB
5].
CHAIR COGHILL objected for an explanation.
1:35:15 PM
EDRA MORLEDGE, Staff, Senator Kevin Meyer, Alaska State
Legislature, explained that Amendment 1 for SB 5 addresses the
concern that the Alaska Public Offices Commission did not have
sufficient direction to determine when a political action group
is controlled by a legislator. She read the following amendment
to highlight where the changes appear:
30-LS0112\U.2
Bullard
3/29/17
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR MEYER
TO: CSSB 5(STA)
Page 1, line 1:
Delete "groups controlled by a legislator"
Insert "certain groups"
Page 1, line 7:
Delete "controlled by"
Insert "that makes expenditures or receives
contributions with the authorization or consent,
express or implied, or under the control, direct
or indirect, of a person who is"
Page 2, line 1, following "that":
Insert "makes expenditures or receives
contributions"
Page 2, line 2:
Delete "is controlled by"
Insert "with the authorization or consent,
express or implied, or under the control, direct
or indirect, of"
Page 2, line 6:
Delete "makes expenditures or receives
contributions"
Page 2, line 24:
Delete "controlled by"
Insert "that makes expenditures or receives
contributions with the authorization or consent,
express or implied, or under the control, direct
or indirect, of a person who is"
1:37:40 PM
CHAIR COGHILL listed the individuals available to answer
questions.
SENATOR MEYER requested Ms. Hebdon comment on the amendment.
1:38:35 PM
HEATHER HEBDON, Executive Director, Alaska Public Offices
Commission, Department of Administration (DOA), Anchorage,
Alaska, said she had not seen the amendment but the language
appears to come directly from the definition of a candidate
under AS 15.13.400. She said the only concern is that the
commission has previously interpreted that specific provision in
a way that would conflict with what appears to be the intent of
SB 5. "I think this bill would most likely make that clear to
exactly what 'controlled by' means, but that's our only
concern."
SENATOR MEYER asked if the definition helps or is in conflict.
MS. HEBDON replied the commission has considered matters of a
"controlled group" regarding when contribution limits and
restrictions apply to a group that is controlled by a candidate.
The most recent interpretation is that a group that makes
expenditures or receives contributions in support of the
candidate's election should be considered synonymous with the
candidate when restrictions or prohibitions apply. She added,
"It seems the intent of the bill is in conflict with that
interpretation, but I don't know that this language makes that
explicitly clear."
MS. MORLEDGE suggested the drafter comment on why he used that
language.
1:41:12 PM
ALPHEUS BULLARD, Attorney, Legislative Legal Services,
Legislative Affairs Agency, Alaska State Legislature, agreed
with Ms. Hebdon that the new language in amendment U.2 mirrors
the language in the definition of candidate in AS 15.13.400. It
also appears in the definition in relation to groups in AS
15.13.400(8). He explained that the legal interpretation that
Ms. Hebdon is talking about has to do with the interpretation of
that provision as it relates to groups controlled by a
candidate. SB 5 does not relate to groups controlled by a
candidate unless they are a candidate for the legislature or
they are a legislator. He said that interpretation will in no
way control or relate to how that language is interpreted in the
context of this bill.
CHAIR COGHILL said that helps.
SENATOR MEYER agreed.
SENATOR COSTELLO asked how this language would affect a
legislator who is a member of an organization such as the
National Education Association or the National Rifle
Association, both of which get involved in campaigns and endorse
candidates.
MR. BULLARD advised that the legislator would need to authorize
or consent or control the group otherwise their membership would
not bring them within the reach of this legislation.
SENATOR COSTELLO summarized that a person who is the head of the
Alaska chapter of the NEA would not be able to run for office
without violating this statute.
MR. BULLARD clarified that the bill does not do that. Rather, if
a legislator were to control a group such as the NEA, for
example, that group could not solicit or accept a contribution
while the legislature is sitting in regular or special session.
Nor would a lobbyist be allowed to give to that group.
1:45:17 PM
CHAIR COGHILL removed his objection; finding no further
objection, Amendment 1 was adopted. He found no public testimony
and asked Senator Meyer if he had any closing comments.
SENATOR MEYER recapped that he introduced the bill to close a
loophole in the 1996 campaign finance reforms. It was an
oversight that no one anticipated a legislator having their own
political action committee (PAC) and using it to influence other
elections. This updates the law to address that situation.
CHAIR COGHILL solicited a motion.
1:46:21 PM
SENATOR MEYER moved to report SB 5, version \U as amended, from
committee with individual recommendations and attached fiscal
note(s).
1:46:57 PM
CHAIR COGHILL announced that without objection, CSSB 5(JUD)
moves from the Senate Judiciary Standing Committee.
1:47:22 PM
At ease
^Confirmation Hearings
CONFIRMATION HEARINGS
Commission on Judicial Conduct
1:48:55 PM
CHAIR COGHILL reconvened the meeting and announced the next
order of business would be three confirmation hearings for
positions on the Commission on Judicial Conduct.
He asked Mr. McClintock to tell the committee about his interest
in serving in the bar seat on the Commission on Judicial
Conduct.
1:49:38 PM
DONALD WILLIAM MCCLINTOCK, Appointee, Commission on Judicial
Conduct, Anchorage, Alaska, said he submitted his application as
an opportunity to serve the state and do a small part in
ensuring the integrity of the judicial branch of government. He
opined that he has benefited over the years from practicing in
front of what he considers to be one of the best judicial
systems in the country. The commission plays an important role
in ensuring the integrity of the system and the public
perception is that it is not shaped by any bias or favoritism.
The commission plays an important part in ensuring that judges
adhere to the code of judicial conduct and comport themselves at
the highest level both within the courtroom and in their
personal lives. The commission also plays an important role as a
resource for judges and tends to disciplinary matters. He said
he looks forward to lending his skills in this important
endeavor.
1:53:52 PM
SENATOR MEYER stated support for Mr. McClintock who has always
been very fair and professional.
CHAIR COGHILL articulated his belief that politics is not absent
in Alaska's judicial system. He asked his perspective on whether
politics plays into the discussion regarding judicial conduct or
if the judicial code more demonstrable.
MR. MCCLINTOCK said he believes the code of judicial conduct has
clear rules and a high bar so there isn't a large gray area that
would be influenced by political views. He said one of the
canons of the code is that the administration of judicial
justice is not to be swayed by personal bias. That could include
a strong political belief that is outside the requirements of
the statutes or constitution.
CHAIR COGHILL said it appears that the candidates today would
maintain public confidence and personal integrity.
SENATOR COSTELLO highlighted the importance of appointees'
community affiliations. She noted that Mr. McClintock is a
project volunteer for Camp Fire Alaska, is involved with the
Blood Bank, and has been involved with the Mental Health Land
Trust. It's a pattern of giving back to your community. She
asked him to comment on the Oberman Writing Award he received
while he was in law school.
MR. MCCLINTOCK explained that it is a legacy grant that allows
the faculty to select the most distinguished legal paper written
during the third year of law school. Ironically, he wrote the
paper on financing health care.
CHAIR COGHILL asked if he had attended any commission meetings.
MR. MCCLINTOCK replied he had not had the opportunity.
CHAIR COGHILL requested that he keep his eyes open looking for
ways to do things better.
2:00:17 PM
CHAIR COGHILL asked Jeannine Jabaay to tell the committee about
herself and her interest in serving in the public seat of the
Judicial Conduct Commission.
2:00:45 PM
JEANNINE JABAAY, Appointee, Judicial Conduct Council, Hope,
Alaska, said she is a fourth generation Alaskan with six
children, owns two businesses, is involved in foster care and
foster adoption, and has served four years as a public member on
the Board of Barbers and Hairdressers. When she was asked to
apply for this position, she reviewed the complaints the
commission addressed the last few years and became knowledgeable
about the legal process and the Code of Judicial Conduct. She
acknowledged that she has no professional background in law and
limited experience in the courts. The latter included a
contested adoption that went before the Alaska Supreme Court and
two contractual issues regarding her construction company. She
said she is objective and is not afraid to make tough decisions
and ask hard questions. She is honored to have been appointed
and looks forward to serving and being an active participant.
CHAIR COGHILL opined that being a business owner and a mom is
eminent qualification to be a good judge of character. He asked
if she had attended any meetings.
MS. JABAAY answered no; there hasn't been a meeting since she
was appointed.
CHAIR COGHILL asked if she could accept the explanations of the
judicial conduct code and remain objective under any pressure
from the Alaska Bar Association.
MS. JABAAY said she believes she could be objective; she isn't
easily intimidated.
CHAIR COGHILL asked if she found any surprises when she studied
the methodology of the Commission on Judicial Conduct.
MS. JABAAY said she didn't realize that judges are held to such
a high standard of conduct. It is impressive. She was pleased to
see that the commission recommendations she reviewed - going
back eight years - were all upheld by the Alaska Supreme Court.
She was interested in a recent case in Nome where a judge was
repeatedly before the commission and ultimately stepped down.
"Overall, I think this is going to be a great opportunity for me
to get involved in a totally different part of Alaska."
SENATOR COSTELLO highlighted that Ms. Jabaay held the Mrs.
Alaska title in 2007. She is another appointee with a lot of
community volunteer experience.
CHAIR COGHILL asked Ms. Bahnke to tell the committee about
herself and her interest in serving on the Commission on
Judicial Conduct.
2:07:22 PM
MELANIE BAHNKE, Appointee, Commission on Judicial Conduct, Nome,
said she is a lifelong rural Alaskan, the mother of three, and
wife to Kevin Bahnke. She has a master's degree in rural
development, is the President and CEO of Kawerak, Inc., a board
member of the Alaska Federation of Natives and the Alaska
Children's Trust, and she serves on the governor's Tribal
Advisory Council.
She became interested in the judiciary through the process of
facilitating the strategic plan for the Alaska Rural Justice and
Law Enforcement Commission. She became aware of the Alaska
Commission on Judicial Conduct after a judge from Nome went
before the commission on more than one occasion and ultimately
stepped down. Prior to that, the late Judge Ben Esch served with
distinction for many years. His service sparked her interest in
providing public service. Alaska Natives are overrepresented in
the correction system but underrepresented in other areas which
helped her decide to put her name forward. She believes she can
serve without bias and be a proactive participant. She said she
attended the February meeting and feels she made the right
choice.
CHAIR COGHILL expressed appreciation for the work she has done.
He asked if she has found the Code of Judicial Conduct fairly
easy to understand.
MS. BAHNKE said she won't claim to be an expert but she does her
homework and is a good study. She voiced her commitment to do
her best. She does not take the appointment lightly.
CHAIR COGHILL thanked Ms. Bahnke for being willing to serve.
CHAIR COGHILL stated that the names of all appointees would be
forwarded in one batch.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Bahnke - Judicial Conduct.pdf |
SJUD 3/29/2017 1:30:00 PM |
|
| Jabaay - Judicial Conduct.pdf |
SJUD 3/29/2017 1:30:00 PM |
|
| McClintock - Judicial Conduct.pdf |
SJUD 3/29/2017 1:30:00 PM |
|
| SB 29 - Sectional Analysis.pdf |
SJUD 3/29/2017 1:30:00 PM |
SB 29 |
| SB 29 - Sponsor Statement.pdf |
SJUD 3/29/2017 1:30:00 PM |
SB 29 |