Legislature(2015 - 2016)BUTROVICH 205
02/19/2015 09:00 AM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SJR3 | |
| SJR7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 3 | TELECONFERENCED | |
| *+ | SJR 7 | TELECONFERENCED | |
SJR 3-CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL
9:02:52 AM
CHAIR STOLTZE announced the consideration of SJR 3.
9:03:24 AM
SENATOR PETE KELLY, Alaska State Legislature, sponsor of SJR 3,
related that the resolution has been in process for two years
and there has been a lot of discussion on it.
CHAIR STOLTZE asked for an explanation of the bill.
SENATOR KELLY proclaimed that there is a problem with the Alaska
Constitution regarding the way members are selected for the
Judicial Council. Currently, the Judicial Council selects
nominees that are forwarded to the Governor and acts as a
gatekeeper for the third branch of Alaska's government. There
are problems in that the Constitution requires that the
selection is made with consideration for regional representation
and there are only six members on the Council. The Constitution
also requires three of the members to be attorneys.
CHAIR STOLTZE asked how the attorneys are selected.
SENATOR KELLY explained that they are selected by the Alaska Bar
Association, not by the people, the legislature, nor the
Governor. He said the individuals on the Bar are sincere and do
their homework, but there is no input from the public. Most
attorneys come from large cities, not rural Alaska, therefore
the representation is limited.
He related that there are also three public members on the
Council. Over time, only two public members have come from rural
Alaska.
9:08:13 AM
SENATOR KELLY detailed that the other problem with the Council
is that with a six-person Council, ties are possible, and the
tie breaker is the Chief Justice of the Alaska Supreme Court. He
said the names are forwarded to the Governor for selection, with
most ties going in favor of the attorneys. He called choosing to
not forward a name on to the Governor disturbing and aggressive
gatekeeping. He provided an example.
9:13:15 AM
SENATOR KELLY read from Vic Fischer's book regarding the
Missouri Plan, saying that the selection process withdraws the
control of the Judicial Branch away from the people and places
it under an organized Bar. He continued to say that no state
constitution has gone so far in placing a branch of government
beyond the reach of Democratic controls. He noted that the
Constitutional Convention members were warned by their own
consultants when they were examining the Missouri Plan in order
to create a Judicial Branch. He concluded that attorneys have
created their own judicial system and are able to control it via
tie votes being decided by the Chief Justice.
9:15:15 AM
SENATOR KELLY stated that another problem is there is no
confirmation hearing process. He termed Alaska an "elitist
state" in this matter. A third problem is that the provision in
the State Constitution regarding representation is not
attainable. The Chief Justice is also put in a predicament of
voting for the next potential Supreme Court member.
9:18:45 AM
SENATOR KELLY stressed that all other Boards must go through the
confirmation process, but the Judicial Council regulates their
own organization. He summarized that SJR 3 adds three additional
public members, requires confirmation, and removes the Supreme
Court Justice from having to vote when there are ties.
9:20:39 AM
HEATHER SHADDUCK, Staff, Senator Pete Kelly, Alaska State
Legislature, presented information related to SJR 3. She noted
on page 2, line 2, of the resolution it states that the Judicial
Council shall act by a majority vote of the quorum of at least
seven members and according to the rules which it adopts. She
explained that, currently, four out of the six members make a
quorum. The resolution sets the quorum at seven to allow both
attorneys and public members to have a say.
CHAIR STOLTZE said he has invited members of the Supreme Court
to testify.
9:23:26 AM
CHAIR STOLTZE held SJR 3 in committee.
SENATOR MCGUIRE joined the committee meeting.