Legislature(2021 - 2022)BUTROVICH 205
01/28/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SJR19 | |
| SB129 | |
| HB3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 19 | TELECONFERENCED | |
| += | SB 129 | TELECONFERENCED | |
| += | HB 3 | TELECONFERENCED | |
| *+ | HB 155 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 129-ELECTION PAMPHLET INFORMATION RE: JUDGES
1:47:07 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO.
129, "An Act relating to information on judicial officers
provided in election pamphlets."
[The committee previously heard SB 129 on 5/5/21.]
1:47:27 PM
SENATOR MYERS, speaking as the sponsor, stated that the
committee heard SB 129 last year. He asked his staff to present
the bill.
1:47:51 PM
THERESA WOLSTAD, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor, stated
that based on input from the initial hearing and working with
the Alaska Judicial Council, the sponsor developed a committee
substitute (CS) for SB 129, Version O, [not yet before the
committee as a working document].
1:48:38 PM
MS. WOLSTAD refreshed the committees recall of SB 129,
paraphrasing the sponsor statement. It read as follows:
[Original punctuation provided]:
The framers of the Alaska Constitution established a
three-part judicial merit selection retention system.
Version O focuses on the third phase of that system.
The Judicial Council conducts extensive performance
evaluations, interviews, public hearings, and surveys
to assess judicial integrity, diligence, impartiality,
legal ability, and administrative skills. Given the
wealth of public information collected by the Judicial
Council, it is the goal of this proposed legislation
to increase the information readily available to the
public to foster informed and knowledgeable voters in
terms of judicial retention elections.
The judicial retention election provides the
electorate critical information to make informed
decisions regarding judicial retention. This will
provide accountability of judicial officers as well as
strength public trust.
CHAIR HOLLAND asked Ms. Wolstad to explain the changes from the
original language in Version B of SB 129 to Version O, [not yet
before the committee].
1:49:59 PM
MS. WOLSTAD paraphrased the changes from SB 129 Version B to
Version O.
[Original punctuation provided.]
Section 1 Adds a new section to AS 15.58.030(g).
Material filed by a candidate for election pamphlet.
New section broadens information that may be filed by
a person seeking retention in office as a justice or
judge. Clarifies information that may be filed by a
person seeking retention in office as a justice or
judge and establishes a 300-word limit.
• Adds information regarding residency of the
justice or judge.
• Adds information regarding military service of
the justice or judge.
• Adds information regarding professional
activities of the justice or judge, including
public outreach and administrative activities.
• Adds any additional information that the justice
or judge would like to publish to support the
justice or judge's candidacy.
1:50:56 PM
Section 2: AS 15.58.050. Information and
recommendations on judicial officers.
Section is amended to distinguishes information
requirements for justices and judges that are subject
to retention election for the first time and
individuals seeking continued retention.
Information requirements for judges seeking continued
retention.
• Added information requirements.
• (A) Statement describing the professional philosophy
not exceeding 150 words.
• (E) Rating of justice or judge by law enforcement
officers, attorneys, court employees, jurors.
• (F) Number of decisions that were appealed and the
rate at which the decisions of the justice or judge
were affirmed."
• (G) a description of any public disciplinary
proceedings against the justice or judge.
• (H) Self-assessment evaluating the individual's
judicial performance, not to exceed 250 words.
1:51:53 PM
MS. WOLSTAD continued to paraphrase the changes from SB 129 to
Version O.
• Amended information requirements include:
• Amend (A), "law school from which the justice or judge
graduated" to (B) "a description of the judicial,
legal, or other education."
• Amend (B), "primary practices areas of the justice or
judge before appointment" to (C) "description of
professional business experience and positions in the
preceding 10 years."
• Amend (G) "organizations in which the justice or judge
is a current member" to (D) "a list of service
organization with which the justice or judge is
affiliated."
• Removed information requirements included pro bono work.
• Remove (D), pro bono work has been removed for
justices or judges.
1:52:50 PM
• Information requirements for justices seeking continued
retention.
• Information required includes material described for a
judge that is subject to a retention election except
the number of decisions that were appealed and the
rate at which the decisions that were affirmed.
• Information requirements for justice or judge standing for
retention for the first time.
• Amended and merged (E) "elected offices held by the
justice or judge" and (F) "political party offices
held by justices or judge" to (A) "previous political
and governmental positions held, including any
political office held."
• Amends (B) "the primary practice areas of the justice
or judge before appointment, including the percentage
of the justice's or judge's pre-appointment career
spent as a trial lawyer" to (B) "the justice's or
judge's primary practice areas before appointment,
including the approximate percentage of the justice's
or judge's pre-appointment career spent as a trial
lawyer."
• Amend (H) "clients and employers of members of the
justices' or judge's household" to "types of clients
the justice or judge represented before appointment"
MS. WOLSTAD observed that there was a significant difference
between the original of SB 129 and Version O.
1:54:46 PM
At ease
1:55:08 PM
CHAIR HOLLAND reconvened the meeting and opened public testimony
on SB 129.
1:55:58 PM
DAVID IGNELL, representing self, Juneau, Alaska, stated that he
started the website "Powered by Justice." He offered his view
that Alaska Natives are underrepresented in Alaska's
administrative and judicial branches. In the past 18 months, he
has tried to get the Alaska Judicial Council (AJC) to expand the
scope of judicial evaluations for the same reasons the committee
mentioned. The AJC currently solicits responses to their survey
from police officers and social services workers. He recommended
that the AJC survey the 230 federally-recognized tribes and
publish their responses on judges, but the council declined. It
troubles him that Alaska Natives represent 40 percent of the
prison population. The AJC heard testimony in November 2020 from
an Alaskan Native woman who testified that she would like to see
more people who look like her when she walks into a courtroom.
The council did not address her concern. When he is in Hoonah,
where he owns a home, he hears the resentment from residents. In
closing, he said he would like Alaska Native voices to be heard.
1:59:28 PM
SENATOR HOLLAND found no one else wished to testify, and closed
public testimony on SB 129.
2:00:01 PM
SENATOR HUGHES asked why the bill title no longer contained the
language "election pamphlet." She wondered if Legislative Legal
Services was online to respond.
[Legislative Legal services was not online.]
2:00:27 PM
SENATOR MYERS answered he was unsure why Legislative Legal
drafters removed that language. He stated that the bill
addresses the judicial retention elections and additional
biographical information that should be included in the election
pamphlet.
SENATOR HUGHES surmised that the phrase wasnt needed because
Sections 1 and 2 related to judicial candidate information were
tied to the requirements for the election pamphlet. She asked if
that was an accurate statement.
2:01:33 PM
SENATOR MYERS agreed that was effectively the case. The statute
generally addresses information in the election pamphlet. It
covers legislative candidates, ballot initiatives, and judges
seeking judicial retention. Section 1 would codify what the
Division of Election already asks judges. Since the language
reads "may" and not "shall," judicial candidates do not have to
submit photographs or a short biographical statement for the
election pamphlet. Section 2 relates to the Alaska Judicial
Council's (AJC) information provided to the Division of
Elections. SB 129 would require information from the AJC.
2:03:17 PM
SENATOR SHOWER commented that the Alaska Constitutional
Convention consisted of 55 delegates: 49 men and six women, with
one Alaska Native. He stated that underrepresentation of Alaska
Native is also present in the Village Police Safety Officer
program (VPSO). He spoke in support of having more Alaska Native
representation in Alaska. He viewed the bill's focus on the
judicial branch as an effort to provide a better balance.
2:05:36 PM
SENATOR HUGHES referenced Section 2 and asked why the bill
limits biographical information on judges to 10 rather than 20
years.
2:05:53 PM
SENATOR MYERS answered that the original draft of the bill did
not have a time limit. After holding discussions with the AJC
and the Alaska Court System, it seemed that after a judge served
in office for a significant time, their law school or work
experience did not appear relevant. The point was to give voters
relevant information, so it did not seem to matter what happened
30 years ago.
2:07:21 PM
At ease
2:08:18 PM
CHAIR HOLLAND reconvened the meeting.
2:08:21 PM
SENATOR HUGHES expressed concern that the biographical
information and work experience section would be left blank for
those judges with lengthy service. It may give the impression
that these judges had no professional service.
2:09:14 PM
SENATOR SHOWER made a motion to adopt the committee substitute
(CS) for SB 129, work order 32-LS0751\O, as the working
document.
CHAIR HOLLAND heard no objection, and Version O was adopted.
CHAIR HOLLAND turned to invited testimony.
2:10:28 PM
At ease
2:10:43 PM
CHAIR HOLLAND reconvened the meeting.
2:11:02 PM
SENATOR SHOWER asked if the Alaska Court System or the Division
of Elections could state their position on the bill.
2:11:45 PM
SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council,
Alaska Court System, Anchorage, Alaska, via Teams, stated that
the Alaska Judicial Council (AJC) does not have a position on SB
129.
2:12:08 PM
MICHAELA THOMPSON, Administrative Operations Manager, Division
of Elections, Anchorage, Alaska, via teleconference, responded
that the Division of Elections does not have a position on SB
129. The division would continue to implement the statutes
related to publishing the election pamphlet.
2:12:34 PM
SENATOR HUGHES asked whether the election pamphlet would have a
category heading left blank if judges with 15 years of service
did not list their biographical experience on their application.
She pointed out that legislative candidates could decide to skip
a question. She recalled that the question would appear in the
election pamphlet as a category, but it would be left blank. If
so, the voter may think the judicial candidate lacked work
experience.
MS. THOMPSON answered that the heading would not appear if the
judicial candidate did not answer a question, in part, as a
space-saving measure the division uses since the election
pamphlet is lengthy.
2:13:49 PM
SENATOR HUGHES asked if headings for legislative candidates were
included and left blank.
MS. THOMPSON answered no. She stated that some candidates do not
follow the election pamphlet format but submit a biographical
statement instead. In those instances, the division would
publish the candidates' statements.
2:14:30 PM
CHAIR HOLLAND held SB 129 in committee.