02/19/1997 01:54 PM Senate JUD

             SJR 10 ELECTION OF ATTORNEY GENERAL                             
                                                                               
  TUCKERMAN BABCOCK , legislative aide to Senator Green, sponsor of            
 SJR 10, described materials included in committee members' packets.           
 Similar legislation passed the House in the mid-1980's but failed             
 by 5 votes in the Senate.  Mr. Babcock noted the Governor and                 
 Attorney General have responded to SJR 10 in the media by saying              
 the position of attorney general will be used as a stepping stone             
 and that there will be the likelihood or possibility of partisan              
 differences between the attorney general and governor.  Both of               
 those concerns are specifically addressed in SJR 10.                          
                                                                               
 Number 326                                                                    
  SENATOR PARNELL  asked Mr. Babcock to elaborate on the requirement,          
 at page 3, lines 14-16, that an attorney general not hold the                 
 office of governor or lieutenant governor until one full term has             
 intervened.  He noted the stepping stone argument can be made for             
 any office, and questioned on what policy ground that requirement             
 is being established for one office and not others.                           
                                                                               
  MR. BABCOCK  replied that provision is an effort to accommodate              
 concerns that had been raised that the attorney general's focus               
 might unduly be on becoming governor.  While that is a legitimate             
 focus for any Alaskan to have, the primary purpose in pursuing the            
 election of an attorney general is to focus his/her attention on              
 representing the people on issues of particular importance.                   
                                                                               
  SENATOR PARNELL  asked, if one presumes the worst motives, if the            
 attorney general might actually be pursuing cases the public wants            
 him or her to pursue?   MR. BABCOCK  replied public pressure could be         
 positive.  He explained Senator Green's primary concern is to                 
 establish an election for the office of the attorney general, not             
 to require a time lapse between elections.                                    
                                                                               
  SENATOR PARNELL  stated he sees the same difficulties with other             
 offices yet, as a policy matter, it is not of big enough concern to           
 require a waiting period.   MR. BABCOCK  commented the lieutenant             
 governor is elected specifically for the purpose of replacing the             
 governor, if need be.  The governor and lieutenant governor are the           
 only offices elected on a statewide basis.  Each legislator has               
 duties that encompass the scope of state responsibilities.  The               
 attorney general would be dedicated toward upholding the                      
 Constitution and laws of the state, defending the state in any                
 civil actions and prosecuting under any criminal action.  The scope           
 of the attorney general's responsibilities are more narrow than               
 those of other elected officials of the state, that justifies                 
 encouraging the attorney general to focus just on those duties.               
                                                                               
 Number 273                                                                    
                                                                               
  SENATOR PEARCE  referred to a memo dated 3/11/85 to former                   
 Representative Fritz Pettyjohn from a legislative analyst and read            
 the following:                                                                
 The major difference between Alaska's prosecutorial system and               
 that of other states is that most states have elected local                   
 prosecutors whose job it is to investigate suspected criminal                 
 conduct and to prosecute.  Thus, even with an appointed                       
 attorney general, there is always someone independent of the                  
 governor with authority to investigate and prosecute.  The                    
 authority of the attorney general to intervene in local                       
 prosecutions provides a check and balance on local                            
 prosecutors...By contrast, in Alaska, the district attorneys                  
 are all employed by the attorney general, who in turn, serves                 
 at the will of the governor.                                                  
                                                                               
  SENATOR PEARCE  asked, if a constitutional amendment passes, and the         
 attorney general becomes an elected official, whether the                     
 Legislature will have to rewrite the statutes to decide what                  
 functions would change in that office.                                        
                                                                               
  MR. BABCOCK  commented at the time that memo was written, the State          
 of Pennsylvania had recently undergone that transition.  In SJR 10,           
 Section 28 (c) describes the functions.  The first elected attorney           
 general would not take office until the end of 2002 which would               
 leave plenty of time for the Legislature to address any necessary             
 statutory changes.  The question would be on the ballot in 1998,              
 and those changes could be addressed during the next four years.              
                                                                               
 Number 222                                                                    
                                                                               
  SENATOR PEARCE  clarified the prosecutors would still be appointed,          
 but would be appointed by yet another elected official.  One would            
 assume, if there is misconduct by a state official, the attorney              
 general's staff would not be unwilling to prosecute.   MR. BABCOCK            
 confirmed that is how the system would work under SJR 10.                     
                                                                               
  CHAIRMAN TAYLOR  commented he has historically opposed this type of          
 legislation, with some exceptions, because he is concerned about              
 creating another entity that has to spend a fortune to run for                
 office and then not be able to move on from that office for a                 
 limited amount of time, although he agrees with the waiting period            
 requirement.  He created legislation two years ago to set up a                
 Constitution Defense Council which would take a middle ground                 
 approach.  That Council would act should the attorney general or              
 governor fail to defend our State's Constitution.  He believes                
 there has been a pattern, with this Administration and Attorney               
 General, to sell out the Constitution in favor of special interest            
 groups that helped put them into office.  He discussed the Attorney           
 General's decision to dismiss the tribal status and Babbitt suits             
 for political, rather than legal, purposes.  Those dismissals                 
 forfeited major organic rights of the people of the State of Alaska           
 and the cases were dropped solely to benefit a specific special               
 interest group.                                                               
                                                                               
  CHAIRMAN TAYLOR  specifically requested the Governor and/or Attorney         
 General to appear before the committee and explain why the                    
 committee should not directly elect an attorney general, since it             
 is the duty and responsibility of the Executive Branch to defend              
 both its actions and the current constitutional framework under               
 which they serve.  If, in fact, the Governor is contemplating                 
 vetoing such legislation, then the appropriate place for that                 
 debate is in the public forum of the Legislature.  If this                    
 legislation is to have any merit at all, it can only be because               
 those currently serving have misused the position to such an extent           
 that there may be no other alternative but to turn to the people to           
 decide on a direct election of that office.                                   
                                                                               
  CHAIRMAN TAYLOR  noted his intention to hold the bill for one week           
 so that the Governor and/or Attorney General's presence can be                
 requested.                                                                    
                                                                               
  MR. BABCOCK  thanked the committee for hearing the bill in such a            
 timely manner, and supported the Chairman's intention to hold the             
 bill for one week.  He reviewed testimony of former Attorney                  
 General Norm Gorsuch, who was opposed to the election of the                  
 attorney general.