Legislature(2013 - 2014)CAPITOL 120
03/14/2014 01:00 PM House JUDICIARY
Audio | Topic |
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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 |
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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 |