Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/06/2019 01:30 PM Senate JUDICIARY
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| Audio | Topic |
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| Start | |
| Confirmation Hearing(s): | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 34 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 6, 2019
1:32 p.m.
MEMBERS PRESENT
Senator Shelley Hughes, Chair
Senator Lora Reinbold, Vice Chair
Senator Mike Shower
Senator Peter Micciche
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Judicial Council
David Parker - Wasilla
CONFIRMATION ADVANCED
Board of Governors of the Alaska Bar
Jedidiah Cox - Anchorage
CONFIRMATION ADVANCED
Alaska Commission on Judicial Conduct
Trevor Shaw - Ketchikan
CONFIRMATION ADVANCED
Violent Crimes Compensation Board
John Francis - Wasilla
CONFIRMATION ADVANCED
SENATE BILL NO. 34
"An Act relating to probation; relating to a program allowing
probationers to earn credits for complying with the conditions
of probation; relating to early termination of probation;
relating to parole; relating to a program allowing parolees to
earn credits for complying with the conditions of parole;
relating to early termination of parole; relating to eligibility
for discretionary parole; relating to good time; and providing
for an effective date."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
DAVE PARKER, Appointee
Alaska Judicial Council
Alaska Court System
Wasilla, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
JEDEDIAH COX, Appointee
Board of Governors of the Alaska Bar
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
TREVOR SHAW, Appointee
Alaska Commission on Judicial Conduct
Alaska Court System
Ketchikan, Alaska
POSITION STATEMENT: Testified as appointee to the Commission on
Judicial Conduct.
JOHN FRANCIS, Appointee
Violent Crimes Compensation Board (VCCB)
Department of Administration
Wasilla, Alaska
POSITION STATEMENT: Testified as appointee to the Violent Crimes
Compensation Board.
JEFF LANDFIELD, representing self
The Alaska Landmine
Anchorage, Alaska
POSITION STATEMENT: Testified against testimony given by Mr.
Shaw during the confirmation hearing regarding Trevor Shaw,
appointee to the Violent Crimes Compensation Board.
ACTION NARRATIVE
1:32:21 PM
CHAIR SHELLEY HUGHES called the Senate Judiciary Standing
Committee meeting to order at 1:32 p.m. Present at the call to
order were Senators Reinbold, Shower, and Chair Hughes. Senators
Kiehl and Micciche joined shortly thereafter.
CHAIR HUGHES made opening remarks.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
Alaska Judicial Council
Board of Governors of the Alaska Bar
Commission on Judicial Conduct
Violent Crimes Compensation Board
1:33:15 PM
CHAIR HUGHES announced that the first order of business would be
Confirmation Hearings for appointees to the Alaska Judicial
Council, Board of Governors, Alaska Bar Association, Commission
on Judicial Conduct, and the Violent Crimes Compensation Board.
1:34:45 PM
CHAIR HUGHES began with the confirmation hearing for Dave
Parker, appointee to the Alaska Judicial Council. She reviewed
the mission of the Alaska Judicial Council, which is to screen
and nominate judicial applicants, evaluate the performance of
judges and make evaluation information and recommendations
available to the voters, and conduct studies and make
recommendations to improve the administration of justice.
1:35:42 PM
DAVE PARKER, Appointee, Alaska Judicial Council, Alaska Court
System, Wasilla, stated he has served for 18 years at the
Anchorage Police Department (APD), primarily as a detective
working on the crimes against children and on sexual assault
cases. He was responsible for the restart of the SART [Sexual
Assault Response Team] with the Department of Health and Social
Services (DHSS). He oversaw the crimes against children unit and
helped develop a multi-disciplinary center in conjunction with
the Municipality of Anchorage and Providence Hospital. As a
lieutenant, he oversaw crimes against children, sexual assault,
cybercrimes, and vice units. He also served as the public
information officer for the Anchorage Police Department (APD).
During his time at APD, he served on the STAR [Stand Together
Against Rape (STAR)] board, the Victims for Justice Board, and
on other boards. He said that he has had significant contact
with the judiciary. In 2013, after retiring from APD, he was
appointed by Governor Parnell to serve on the Alaska Judicial
Council (AJC). He has served on the AJC for the last six years
under three different Alaska Supreme Court chief justices,
including Dana Fabe, Craig Stowers, and Joel Bolger. He
characterized the work of the council as extremely important. He
is committed to ensuring that Alaska has a fair and capable
judiciary that follows the law.
1:38:26 PM
SENATOR SHOWER asked whether Alaska Judicial Council (AJC)
members should recuse themselves from commenting on proposed
legislation, given the separation of powers between the
executive, legislative, and judicial branches, especially if it
would affect the judiciary.
MR. PARKER responded that he has been thoroughly impressed with
the slate of candidate that the Alaska Judicial Council has
considered. He has found candidates to be very hesitant to speak
on ongoing legislation or legislation that has passed. Rather,
these candidates have explained how specific legislation will
affect the judiciary. He reiterated that most of the candidates
are very careful not to cross that line and recognize the
separation of powers.
1:40:15 PM
CHAIR HUGHES said she appreciated his service and willingness to
continue to serve. She remarked on his depth and breadth of
experience. She asked whether he would explain how his
experience has helped him in his role.
MR. PARKER said justice must be tempered with mercy. He and his
wife were teachers in Washington but went to Yemen in the 1970s.
When he returned to the U.S., he became an associate pastor and
studied at Western Seminary in Portland. He earned a master's
degree, then traveled to France, and later the Ivory Coast. He
said his travels have given him experience interacting with
other cultures and people with a different point of view. It has
made it possible for him to have a vast range of experiences
that have enriched his life, he said.
CHAIR HUGHES remarked that he has been a pastor and a law
enforcement officer. She asked the reason for his desire to
serve in law enforcement.
MR. PARKER answered that he likes to help people see the error
of their ways, so it seemed as though he was moved to that
direction. He said that he applied for a post to Anchorage,
hoping to serve as a chaplain. Instead, he gravitated to crimes
against children and became a specialist in the field. He
characterized his role as a good pathway to help people solve
problems.
1:44:20 PM
SENATOR SHOWER turned to the topic of accusations in the press
that judicial activism occurs. He said that two of the three
branches of government, [the executive branch and the
legislative branch,] are accountable to the people since members
are elected by the people. However, the judiciary does not have
the same process since judges are not elected. He asked whether
he would be willing to ask judicial applicants the hard
questions about the difference between judicial activism and
interpreting the Constitution of the State of Alaska. He
emphasized the importance to do so since the Alaska Judicial
Council provides a "cross check" for the public.
MR. PARKER responded that the separation of powers is guaranteed
by the Constitution of the State of Alaska. He agreed that the
judiciary should not cross that line nor should the executive or
legislative branches of government. He is attuned to those
concerns and emphasized the need to have judges who follow the
law but do not make the law. He acknowledged that people are
frustrated when they think that federal or state judges are
doing so and hoped that the council [Alaska Judicial Council]
would impress this upon judicial candidates. In addition, the
AJC also reviews and evaluates the performance of judges and
recommends retention or non-retention. He characterized this
process as an important cross check. He indicated that the
framers of the Constitution of the State of Alaska were forward
thinking by placing it in the constitution. He acknowledged that
much of the job entails reviewing what law enforcement officers,
probation officers, jurors, and attorneys state about the
performance of individual judges. He characterized that process
as providing another cross check, which the AJC takes seriously.
1:47:46 PM
CHAIR HUGHES turned to the confirmation hearing for Jedediah
Cox, appointee to the Board of Governors of the Alaska Bar. She
reviewed the composition of the Board of Governors of the Alaska
Bar and gave an overview of the Alaska Bar Association. She said
that the Alaska Bar Association has over 4,000 members. The
Alaska Bar is governed by a Board of Governors with nine
attorneys elected by the membership and three public members
appointed by the governor. The Alaska Bar is responsible to the
Alaska Supreme Court for the admission and discipline process.
The Alaska Bar also provides continuing legal education and
other member services.
[The Board of Governors is made up of 12 members, three of whom
are non-attorneys appointed by the governor and subject to
legislative confirmation. The remaining nine seats are filled by
the Alaska Bar Association (ABA). Two of the members appointed
by the ABA are required to be from Alaska's 1st judicial
district, four from Alaska's 3rd judicial district, and another
two from the 2nd or 4th judicial districts. The final member of
the board can be from anywhere in the state.]
[The board governs the Alaska Bar Association, administers the
bar exam, approves and recommends rules concerning the practice
of law in Alaska to the [Alaska] Supreme Court, provides
disciplinary action for the ABA, and provides continuing legal
education and membership services.]
1:48:25 PM
JEDEDIAH COX, Appointee, Board of Governors of the Alaska Bar,
Anchorage, stated he is humbled to be considered for the public
seat. He volunteered for this board because of the
responsibility to remain faithful to the ideals of Alaska's
predecessors, including self-sacrifice and public service for
the common good. He offered his belief that his experience makes
him a great candidate for the board. He has served as an
educator for ten years in the public and private sectors. The
community work he did for the University of Montana, serving on
its Academic Standards Review Committee and the State of
Montana, Office of the Commission of Higher Education, General
Education Committee, and as a professor allowed him to work on
state policy and university bylaws, and to review academic
performance. He offered his belief that he brings forward the
values of honesty, hard work, courage, fairness, tolerance,
patriotism, and a willingness to listen and learn.
1:49:55 PM
SENATOR KIEHL related that the Board of Governors of the Alaska
Bar sets continuing education requirements for attorneys. He
asked if he had suggestions on any improvements on initial or
ongoing educational requirements for the legal profession.
MR. COX responded that it takes time to review and consider
curriculum since curriculum evaluation is complex. He said it
took three years for Montana to revise its general education
curriculum. The process would require discussions among all of
the stakeholders, including universities, the Alaska Bar
association, student bodies, and the public, he said.
SENATOR KIEHL agreed a thorough review is important. He asked
him to explain his general approach.
MR. COX related that Alaska falls within the standards for most
of the other states and it has a uniform bar exam. He offered
his belief that Alaska's reciprocity agreement is quite
reasonable. He pointed out that Alaska does not have any law
school, so its applicants have graduated from law schools in
other states.
1:52:31 PM
SENATOR MICCICHE said he noticed Mr. Cox currently serves as a
local community specialist at the Division of Community and
Regional Affairs. He asked whether a state employee can serve on
a state board.
MR. COX said he would research it and report back to the
committee.
SENATOR MICCICHE said he would like to know. He recalled that
legislators cannot serve in some capacities [on boards and
commissions] unless it is considered a duty of the legislature.
He was unsure if that restriction also extended to state
employees.
CHAIR HUGHES asked if there was a problem with him serving,
whether he would withdraw his name or if he would resign from
his state job. She acknowledged he may need more time to
consider.
MR. COX agreed he would need more time to make that decision. He
offered his belief that serving as a local government specialist
was a positive. In his job, he is assigned to 53 communities, he
said. Recently, he was able to pass on Federal Emergency
Management Agency (FEMA) information and work with the Alaska
Bar Association to provide pro bono legal services for low-
income survivors of the November 30, 2018 earthquake.
1:55:07 PM
SENATOR SHOWER asked for his view of the separation of powers,
given that the state gives power to the judicial system and the
level of accountability he would use to ensure that the third
branch of government holds itself to the highest standards.
MR. COX responded that he is interested in disciplinary action.
He said he has always been insistent that people follow the
rules. He said that it is important to ensure that guidelines
are followed for any infraction of rules. He agreed that the
separation of powers exists for a reason and needs to be
strictly followed.
SENATOR SHOWER asked the record to reflect whether he was
willing to ask judicial applicants hard questions and hold them
accountable.
MR. COX agreed he is willing to do so. He related his experience
in South Korea to help modernize the education system. During
his time in Montana, he was the lone student member for the
University of Montana and was successful in asserting his
position against adopting proposed general education curriculum
requirements.
1:58:43 PM
CHAIR HUGHES asked for further clarification on his experience
with the Vietnam Banking Academy and to explain the acronym.
MR. COX said that the Vietnam Banking Academy, "ITP" referred to
the International Training Program. He said he served as the
English lecturer and he also provided some business instruction
to students.
CHAIR HUGHES thanked him for his willingness to serve.
1:59:38 PM
CHAIR HUGHES turned to the confirmation hearing for Trevor Shaw,
appointee to the Alaska Commission on Judicial Conduct. She
reviewed the Alaska Commission on Judicial Conduct, stating it
was created by amendment to the Constitution of the State of
Alaska in 1968. The commission is comprised of three judges,
three attorneys who have practiced law in the state for at least
ten years, and three members of the public. This commission
addresses problems of judicial conduct and disability.
Complaints alleging judicial misconduct can be filed by any
person, she said.
2:00:24 PM
TREVOR SHAW, Appointee, Alaska Commission on Judicial Conduct,
Alaska Court System, Ketchikan, said that he hopes to bring a
perspective to the commission, especially since the commission
was constituted to incorporate diverse perspectives into the
judicial conduct review process. This intent was memorialized in
Article IV, Section X of the Constitution of the State of
Alaska. He said as the public member, he hoped to provide a
positive contribution to the collective decision-making process
with his qualifications and skills.
2:01:44 PM
MR. SHAW said that he first served as a volunteer for the
Ketchikan Youth Court Program throughout his high school and
later was employed as the assistant to the executive director.
He explained that youth courts are a restorative justice program
that allow minors who have been convicted of minor crimes, such
as a minor-consuming alcohol, driving without a license, or
violation of curfew cases to be handled by the youth court.
Cases are referred by district court or local police departments
through agreements, he said. Participants appear before a panel
of judges of their peers. The attorneys are high school
volunteers who have gone through a training process that results
in a "mock" bar exam. Juveniles receive their sentencing, based
on a matrix outlined with mitigating and aggravating factors,
which ultimately results in restitution, such as letters to the
victims. Once they complete their sentences, participants
receive a suspended imposition of sentence (SIS). After
successful completion, the charges do not show up on their
records, he said. He said he served throughout high school and
later served two terms as the president of the Youth Court Bar
Association. He also served as the co-president of the United
Youth Courts of Alaska and the co-host for the Annual Youth
Court Conference.
2:04:00 PM
MR. SHAW said that as a high school senior, he was elected to
the [Ketchikan Gateway Borough School District, Board of
Education] (school board). In 2015, Governor Walker appointed
him to a three-year term on the Alaska Juvenile Justice Advisory
Committee, which he completed last year. In 2016, he was elected
as the president of the [Ketchikan Gateway Borough School
District] Ketchikan School Board and he served until 2018. He
said that the youth court and the school board have quasi-
judicial functions. The youth court serves as an auxiliary to
the judiciary to help youth receive a SIS [Suspended Imposition
of Sentence]. The school board has quasi-judicial functions in
terms of student disciplinary actions, but it also relates to
employees. He worked in the private sector, with experience in
public relations, project management, regulatory and compliance
management, and finance and accounting. He currently works as
the administrative manager and director of government affairs
for the Ward Cove Group, a conglomerate of companies responsible
for revitalization of the Ketchikan Pulp Mill industrial site.
He is also a partner in a small private holding company [Connect
Solutions, LLC] that provides management and public relations
consulting services. From his experience in the public and
private sector, he said he believes that he will bring to the
table a thoughtful, well-rounded open-minded approach to the
decision-making process.
MR. SHAW said that he did not have any agenda. The procedures
and process of the [Alaska Commission on Judicial Conduct
Commission] are well designed and established. He said this
includes ensuring public trust in the process and that rules are
being followed and upheld. The rules are the Alaska Judicial
Code of Conduct, the Alaska statutes and the Constitution of the
State of Alaska. Through that process, the commission ensures
public trust in the process by displaying consistency and
continuity in the enforcement of rules. Ultimately, between the
appointment of judges and the first-retention election, the
commission serves as the first line of defense.
He said that the commission's work is the checks and balances on
the structure and separation of power in the state. He said that
he believes the commission fills its role well and as the public
member he would hope to maintain consistency and continuity in
the commission's proceedings. He would work to guarantee that
rules are being followed and that the Judicial Code of Conduct,
Alaska law, and the Constitution of the State of Alaska are
strictly adhered to in order to preserve the public trust. He
said that the pursuit of public service, law, and justice is one
of his lifelong passions.
2:08:20 PM
CHAIR HUGHES thanked him for his willingness to serve. She said
his resume indicates his interest in public service and trust.
She said she would like to offer him an opportunity to ensure
that the public can continue to trust him. She said that the
media has circulated reasons for him stepping down from the
school board related to his parents' pastor. She said she wanted
to give him an opportunity to set the record straight.
2:09:20 PM
MR. SHAW asked to first discuss another accusation that has been
made. He said some complaints were made that during the time he
was school board president he would cut off citizens who were
trying to address the board. He said that years of video footage
would confirm that this statement is not accurate. On the
contrary, other board members criticized him for not attempting
to "rein in citizen remarks." During some busy meetings he would
establish time limits and he sometimes ask testifiers to limit
their testimony to the topic at hand. He emphasized that he
never cut anyone off from speaking and wanted to clear this up
since the public trust is important.
MR. SHAW turned to the accusation Chair Hughes mentioned. He
said that in 2018, while he was still a member of the school
board, a recall petition was filed on the grounds of a
procedural error, alleging that he violated board bylaws by not
allowing a student member of the board to speak when he sought
to be recognized. The [Ketchikan Gateway [Borough] clerk
certified the petition. That certification process has a "low
bar" and includes a presumption that all allegations are to be
taken as true, he said. It then remains the purview of the
voters in a recall election to determine if the allegations are
true.
2:10:58 PM
MR. SHAW said that in June 2018, at the time the recall petition
was being circulated for signatures, a long-time, well-respected
pastor in Ketchikan who was also the long-time culinary arts
teacher [at the Ketchikan High School] was arrested for sexual
abuse of a minor. Some of this abuse allegedly took place in the
high school, he said. The teacher, [Doug Edwards], had recently
retired from his teaching position.
MR. SHAW indicated that [Mr. Edwards] was his childhood pastor.
His parents and siblings still attended his church at the time
of the arrest. He said that [Pastor Edwards] officiated at his
wedding. The accusation being leveled against him is that he was
aware of [Mr. Edwards'] criminal behavior and allowed the abuse
to occur. A number of the petitioners claimed to have actual
proof that he knew of the abhorrent acts of [Mr. Edwards]. The
narrative allowed proponents of the recall to gather enough
signatures to put the recall petition on the ballot. Now those
same individuals, as well as certain media outlets, are saying
that those allegations are the reasons the recall was brought
forward, and that he was "forced off of the school board." He
categorically and unequivocally denied these accusations as
"outright falsehoods." He said he learned of these atrocious
acts in the same manner as the rest of the public when [Mr.
Edwards] was arrested and the charges were announced.
He characterized this as a betrayal to him and his family since
[Mr. Edwards] was his childhood pastor and officiated at his
wedding. To add bitterness to that betrayal, he learned that
[Mr. Edwards'] victims were close family friends. He said that
no evidence exists that he had any knowledge of his behaviors or
participated in a coverup, just rumors and innuendos.
2:12:45 PM
MR. SHAW acknowledged that he stepped down from the school board
before the recall ballot. At the time, the school board had just
initiated its own internal investigation regarding [Mr. Edward].
The criminal investigation was ongoing, and the intensity of the
situation was at its height. He had a fiduciary duty to the
board, a pledge to confidentiality to the school district, a
commitment to the privacy for the sake of the victims, and the
personal aspects of how this revelation severely impacted his
immediate family and close friends. He said he was not willing
to defend himself against a convoluted recall process since it
was not right for the victims, the school district, or his
family. He ultimately resigned from the board for those very
reasons, which ended the process to put the recall on the
ballot.
MR. SHAW maintained that there was no salacious scandal,
backroom deal, coverup, or impropriety that caused him to resign
from the board. He attested that it was the right thing to do
for the community. He acknowledged substantial feelings exist in
the community. He was not going to let any "political
consideration" affect that, he said. He quoted the late former
U.S. Senator Ted Stevens, "To hell with politics; do what's
right for Alaska." He said that people matter most in every
situation. That was his mindset when he was first elected to
office, during the tragedy, and is still his mindset in the
manner he approaches public service today. "People matter most,"
he said. He said he tries to look back and learn lessons in
life, no matter how bad a situation might be or how people try
to spin it. He said that in those situations it is "the fact
that you don't know the truth until you do." In a role like that
on the commission it is important to not have any predetermined
notions and consider each situation on its own merits and facts.
Not every accusation is true and there are always two sides to
the story. He said the job is not to make assumptions but to
learn the truth. He appreciated the opportunity to clear this
up. He said that his life is an open book and he emphasized that
members would get straight answers from him. In closing he
reiterated that he denies every allegation and he hoped his
testimony provides insight into how the incident and process
unfolded.
2:16:04 PM
At-ease.
2:16:13 PM
CHAIR HUGHES reconvened the meeting.
2:16:20 PM
SENATOR SHOWER recalled he mentioned the low bar for the recall.
He asked him to address how far apart the allegations were and
if there was more happening with the allegations in terms of
personal relationships.
2:17:43 PM
MR. SHAW said that he was not the only board member to have a
recall petition filed. By the time his recall petition and two
other recall petitions were put before the [Ketchikan Gateway
Borough (KGB)] clerk for review, the district and school board
had been in contentious negotiations with the local teachers'
union. The other two recall petitions alleged that two school
board members failed to negotiate on behalf of the school
district. However, the KGB clerk dismissed those allegations on
the grounds that negotiations are discretionary matters before
the school board and were not subject to grounds for recall.
He recapped issues at the school board that led to recall
petitions against him, along with two other board members. As
board president, he followed the consensus of the board in
taking a conservative approach to negotiations, based in part on
the unpredictable state finances. That led to a prolonged
negotiation process that led to the recall petitions. He
elaborated on the internal school board considerations,
concluding that a tentative agreement never came before the
board for consideration. He characterized the process as one
that "kind of exploded."
SENATOR SHOWER reiterated his interest in the timeframe between
events and if they were simultaneous or months apart.
MR. SHAW said he was unsure when the petition was filed and
certified and when [Mr. Edwards] was arrested. The timeframe to
collect signatures is limited by statute, so he thought it was
simultaneous.
2:21:22 PM
SENATOR REINBOLD said the high school [teacher] quit just a few
days before his arrest. She said that [Mr. Edwards was
convicted] and was sentenced to 18 years, with 12 years
suspended, and six years to serve. She said that a recall is a
"big deal." She characterized it as "a big red flag" with
regards to the whole issue. She said that she has received
numerous letters of concern. She asked whether he fully heard
the students' complaints and addressed them.
MR. SHAW cautioned against associating the two events. He said
that the recall against him related to a student who wanted to
speak with respect to an appointment of a school board member to
fill a vacancy and had nothing to do with the allegations
against Pastor [Doug Edwards] and his arrest.
SENATOR REINBOLD asked whether he had any complaints against Mr.
Edwards while he served on the school board. She further asked
whether any students brought concerns to him and if so, what he
did with the complaints.
MR. SHAW answered that no complaints were ever brought to him by
a student, parent, or staff regarding Mr. Edwards' conduct. He
reiterated that he found out when Mr. Edward was arrested.
2:24:12 PM
SENATOR REINBOLD said several of the letters expressed concern
that he does not bring anything to the table. She said that the
Commission on Judicial Conduct is a pretty serious commission.
She asked him to highlight his qualifications. She said it has
given her pause to read all of the letters from his community
that state, "Please do not confirm Trevor Shaw's appointment."
MR. SHAW said that his perspective is something he can bring to
the commission. He pointed out that the commission has
designated seats for the public, judges, and attorneys. He said
that his entire adult life has consisted of public service and
he is very proud of his accomplishments during his time on the
school board. He recapped that his service included serving on
the [Ketchikan Gateway Borough School District] Board of
Education (Ketchikan School Board), the Juvenile Justice
Advisory Committee, and the youth courts. He has a private
sector background and has spent time volunteering in nonprofit
charitable organizations. That he is a millennial gives him a
valuable perspective as a younger Alaskan who has public and
private sector experience, including as a small business owner,
as well as having been part of the Alaska Criminal Justice
System, he said.
He said that has always been part of the conversation when he
talked to Governor Dunleavy and the administration about his
appointment. He said that it is important to have a long-term
future-minded approach. It has always been his pursuit to ensure
that [the public] has trust in the process. He said that during
his time at the school board, even to his own detriment, he
protected the interests of the school board and maintained
confidentiality to be sure the public involvement was uncensored
and unobstructed to ensure that information was being heard and
considered in the decision-making process. With respect to
letters opposing his confirmation from people, he also thought
that] there were letters from local attorneys, tribal councils,
and other people were able to look at his background [and not
just focus on] the tense situational circumstance. He maintained
that the allegations [against him] were not true.
MR. SHAW said that being someone who has been falsely accused
provides him with the mindset of never taking a situation for
granted or judging a book by its cover. Instead, his approach
[on the commission] would be to look at the details, the people
involved, and the facts, and determine what really happened. He
asked committee members to take that mindset when talking to
their colleagues [about his confirmation]. He offered to provide
as many details as needed to alleviate some of those concerns
regarding [Mr. Edwards'] arrest. He emphasized that he had no
knowledge of [Mr. Edwards'] conduct. He asked members to take
his testimony into consideration when looking at these letters.
2:30:31 PM
SENATOR REINBOLD said she has reservations, that there are too
many red flags. She said she will be considering what he said
but she will be digging deeper. She said she thinks this is an
important board since it will be reviewing judicial conduct.
2:31:04 PM
SENATOR KIEHL asked about how things proceeded within the
[Ketchikan Gateway Borough] School District (KGBSD) when he
served on the board. He asked whether he was involved in the
school board or KGBSD's investigation of Mr. Edwards.
MR. SHAW answered yes. He said after Mr. Edwards' arrest a
confidential complaint was filed against members of the KGBSD
administration alleging that the district knew of Mr. Edwards'
behavior and did not follow policies or procedures. At the time
he was the president of the [KSBSD] school board and had
policies and procedures and bylaws to follow. The school board
went through that process, including having a third-party
contractor to conduct the investigation. He characterized that
process as being very complicated. Since the victims were
minors, he related that confidentiality and privacy was
important. He said he disclosed to the KSBSD school board that
he personally knew the victims so the board could determine if
any conflict of interest existed. He said, "On the opposing
side, there were those who thought that Mr. Edwards and I had a
personal relationship, which we did not." Ultimately, once the
timelines were met for initiating an investigation, he turned it
over to the Vice-President of the KSBSD school board to continue
the oversight of the investigation, he said.
2:33:57 PM
SENATOR KIEHL asked whether he had a personal or professional
relationship with the third-party investigator outside of the
school board context.
MR. SHAW answered that he did not. The KSBSD school board
directed him to pursue a third-party investigator by contacting
the Association of Alaska School Boards (AASB). The AASB
recommended a law firm. However, one of the partners had
previously done work for the school district. The board had
concerns about the perception and wanted to have a third-party
investigator that did not have any pre-existing relationship
with the board. The board finalized the third-party investigator
and finalized hiring an attorney recommended by the KGBSD after
he resigned from the board.
2:35:37 PM
SENATOR KIEHL said Mr. Shaw has talked about bringing out the
truth and have the full process, but he also talked about not
going through the recall process to educate the voters. As the
committee considers the Alaska Judicial Conduct Commission's
role in finding the truth and upholding the integrity of the
judiciary, he wondered how he would reconcile it.
MR. SHAW said his commitment to the school board is one he would
have to the Alaska Judicial Conduct Commission, which is to
protect and ensure the interest of the commission. He said that
in considering his resignation, he did so because he did not
think he could do the school board, the school district, the
community, or his family justice since he had fiduciary
obligations to the district. He said one consideration was
concern that the school district's investigation could impact
the criminal investigation. He said, "I looked at that and said,
'I don't want to have a conversation with the voters that is not
going to be beneficial to solving this process.'" He said he
weighed whether it was more beneficial to fight the recall or to
allow the process to move forward. He determined it would not be
beneficial to the board to see the recall process through to the
end.
He said that the difference is that the commission is not an
elected position. He said that he is working through the
legislative confirmation process to ensure he meets his
obligation to the commission, if confirmed.
2:38:43 PM
SENATOR MICCICHE said he researched the Ketchikan Gateway School
Board investigation. He said that it appears he served on the
board for all seven incidents. As a parent, he is struggling to
understand how [Mr. Edwards] made it through report number two
without losing his job. He said that some of the details are
disturbing that were largely ignored. The first incident, report
number one in 2013, was not a student in his classroom. He said
that as a parent and a policy maker, the teacher should have
been removed that day from his service and never allowed inside
of an Alaska school again. As the reports and investigations
continued, he said he wondered how many additional young people
were victimized by the KGB School District and school board
ignoring the repeated occurrences that happened in seven
different incidents. He asked what policies were being created
by the KGBSD School Board while he was president to intervene in
this situation.
MR. SHAW responded that when the [KGBSD] school board initiated
its investigation, the board found it devastating. The first the
KGBSD school board had heard of any misconduct by Mr. Edwards
was when he was arrested. He related the board questioned when
it had happened, how long the misconduct had been occurring, and
if any additional incidents had occurred. Ultimately, he said it
was due to a breakdown in the information the administration
provided to the board about Mr. Edwards' conduct. The board
further wondered what was in his personnel file. The board
created an ad hoc committee to review all policies and fix the
problem, even though the report said that the overall policy was
followed. He said the abuse occurred and the board did not ever
want that conduct to happen again and has continued to work to
tighten up policies and procedures.
2:42:27 PM
SENATOR MICCICHE said that even after incident seven, Mr.
Edwards was going to continue to work until the end of the
school year. He said the answer he was hoping to hear would be
that the [KGBSD School Board] created a system so people could
anonymously complain to the school board; and that a review that
included interviews with students and staff was made to
determine if other ongoing issues existed.
He said, "I don't know you Mr. Shaw, and I hope this doesn't
sound unfairly negative. I'm looking at a report that is very
disturbing. I have four daughters. How can we expect you to
adequately provide processes to evaluate judicial conduct when
we look at this failure and the intervention of obvious conduct
issues at the Ketchikan Gateway Borough School District?"
MR. SHAW responded that did happen. The school board brought in
a contract Dean of Students, a former administrator, to work
outside the chain of command and work with people who had
complaints, including establishing a process for anonymous
complaints. He acknowledged that there was a definite breakdown
in communication. He said that some people sent reports to the
KGBSD board through this process. He reiterated his views on the
Alaska Judicial Conduct Commission public complaint process, and
the importance of confidentiality. He further reiterated the
process the school board tried to take to prevent future abuse
and maintain public trust.
SENATOR MICCICHE said that was all he had.
2:46:46 PM
SENATOR REINBOLD said she believes she may have previously
stated incorrectly Mr. Edwards' sentence. She clarified for the
record that Mr. Edwards had six charges filed against him that
were combined into one class B felony. He was sentenced to 18
years with 12 suspended. He may be released after four years
with good time.
2:47:28 PM
SENATOR KIEHL related that Mr. Shaw talked about his quasi-
judicial experience and the duty of the Alaska Judicial Conduct
Commission to ensure that judges are complying with the
Constitution of the State of Alaska, the statutes and the Code
of Judicial Conduct. He asked him to provide insight on what
level of failing to comply with the statutes warrants what
action by the commission; for example, with respect to
recommending action by the commission, such as reprimanding a
judge, suspending, or removing a judge.
MR. SHAW said it would be on a case-by-case basis. He said that
the statutes often will translate into the code of judicial
conduct. For example, if a judge is charged with a crime, it
would violate the code of judicial conduct and the Alaska
statutes. He said it would depend on the situation and
ultimately statutory changes that ultimately lead to updates to
the code of judicial conduct.
2:49:28 PM
SENATOR SHOWER recognized that Senators Micciche and Reinbold
had questions. He asked whether any organized opposition or any
outside groups [led the recall petition.]
MR. SHAW said he would respond in writing to Senators Micciche
and Reinbold to answer their questions and provide written
testimony. He said the recall petition stemmed from contentious
union representation. People testified in opposition to the
negotiating posture of the district and his leadership clearly
followed the trend. As soon as Mr. Edwards' arrest occurred,
they transitioned from talking about negotiations to making
allegations, rumors, and gossip. Many of the folks have sent
emails and have provided information to the [Alaska] Landmine
political blog and the Midnight Sun on social media. He said it
is a concerted effort and goes back to the tense union
negotiations and the posture that the school board directed him
the administration, and negotiators to take, he said. He alluded
to other rumors that led to other tactics.
2:53:31 PM
CHAIR HUGHES said that after union negotiations happened that
things seemed to ramp up against him. She asked what the outcome
was that he is alluding to that people were against.
MR. SHAW said that all of the board members who opposed the
negotiations stepped down or lost re-election. He said that
after the last municipal election, the contract was ratified
once the new board was seated.
CHAIR HUGHES asked whether the outcome of the union negotiations
had to do with teachers' salaries, that not receiving raises was
the root of some of the opposition.
MR. SHAW recalled that the negotiations [under consideration]
were conservative raises over a three-year period. He offered
his belief that was the root concern.
2:55:20 PM
SENATOR MICCICHE said that he is a conservative Republican who
evaluates things on face value. He hoped the attacks were not
based on those issues. He expressed concern about the unknown
number of young people who were victimized because of the
inaction of the school board led by Mr. Shaw. He acknowledged
that the legislature sees [political tactics] every day.
Whatever else happened, his concern is this specific issue, he
said.
2:56:14 PM
CHAIR HUGHES agreed, remarking that it was alarming how long
something went on in her school district. She said it is
important to get to the bottom of things.
2:57:04 PM
CHAIR HUGHES announced the confirmation hearing for John
Francis, appointee to the Violent Crimes Compensation Board
(VCCB). She reviewed the VCCB's mission. The Violent Crimes
Compensation Board was established to help mitigate financial
losses that are the direct result of violent crimes that occur
to Alaskans and visitors to Alaska. In addition, the board helps
to foster victim advocacy and services and promotes victim
recovery.
2:57:35 PM
JOHN FRANCIS, Appointee, Violent Crimes Compensation Board
(VCCB), Department of Administration, Wasilla, stated that he
moved to Alaska in 1999 after rediscovering his high school
sweetheart. He has three adult children and five adult
grandchildren who continue to live in Alaska. He is a member of
the United Protestant Church in Palmer and has owned Mat-Su
Computer Medics in Wasilla since 2002. He is the founding
administrator for the social media anti-crime groups "Stolen in
Alaska" and "Mat Valley Crime Discussion." He said he started
these groups because there was no easy source to easily verify
if a computer brought in for password resets were stolen. He
said the [Alaska State Troopers] advised him that if he called
in the serial number that they might get back to him on stolen
information within a week. The Facebook group was a means for
people to discuss and post stolen items. The groups help inform
the public about local criminals. As the groups evolved and
grew, victims of violent crimes reached out to him. Many of the
victims did not feel comfortable speaking publicly about the
effect violent crimes has had on their lives. He is frustrated
that there is little he could do other than provide support, he
said. He has been able to help some because of his network of
acquaintances in law enforcement, the legal system, and in the
political arena.
He said he wants to serve on this board. He is passionate about
helping people especially those struggling to recover from
violence against them or a loved one. Violent crimes affect the
entire family, he said. He is compassionate, but he has a great
instinct from managing over 200 employees and thousands of
customers and parenting. He said he can sort out the truth and
who is embellishing on situations. He thanked the committee and
said he would like to be a part of helping people who have been
victims of unspeakable crimes.
2:59:55 PM
SENATOR REINBOLD said she has several concerns. She asked
whether he has had paranormal experiences. She mentioned she had
seen articles in news sources on him. She said that is a red
flag for her.
MR. FRANCIS said in 1982 a man died in his hands when he was in
the U.S. Coast Guard in Michigan. He said it forever changed his
life. He and his wife started a small group to investigate
paranormal locations, such as graveyards. They were not a "crazy
group" like ones on television. They used scientific methods,
including voice recorders to attempt to capture voices. He said
that they have had some decent results. He has been on three
episodes of a television program "Alaska Haunting" on
Destination America. He said that the group has been inactive
for three or four years.
SENATOR REINBOLD asked him to describe his experience. She
specifically asked whether he saw a body come through him when
the man died in his arms.
MR. FRANCIS answered no. He characterized as more of a spiritual
experience.
SENATOR REINBOLD asked whether he has any connection to Ghost
Tours of Anchorage.
MR. FRANCIS answered no.
SENATOR REINBOLD asked whether he could elaborate on Alaska
Ghost Hunters. She further asked him to provide details about
the 4th Avenue Theatre in Anchorage.
MR. FRANCIS said there is a list of supposedly haunted places
that is posted on the website but most of the activity that is
reported is nothing he [and his wife] have experienced.
3:03:21 PM
SENATOR REINBOLD pressed him for more details. She said this
issue is a serious concern because he is applying to serve on
the Violent Crimes Compensation Board. She asked whether he
believes he can talk to the dead and if he sees spirits. She
said that many of her constituents have expressed concern. She
asked him to elaborate on whether he does investigations for fun
or if he believes this is real.
MR. FRANCIS answered no. He explained the investigative process
his group uses. He said that they go into people's homes who are
experiencing "so called" paranormal activity. They set up
microphones and videorecorders in each room with each doorway in
clear view. They review the evidence as part of their
investigation. Often time someone will hear a voice in one room
so they will check the other recorders. In nearly all instances,
the sounds are explainable. The sound might come from a tire
squealing at a stop sign, but it sounds like a child's voice. He
said that being able to identify the source of the sounds and
tell homeowners that what they hear is not paranormal puts their
minds at ease.
3:04:55 PM
SENATOR REINBOLD asked whether he believes in paranormal
activities and if so, if he could describe them.
MR. FRANCIS answered that he believes that there is a Jesus
Christ and that he did rise from the dead.
SENATOR REINBOLD asked whether he believes in haunted locations.
MR. FRANCIS answered yes. He said that he also believes that
when some people die that they choose to stay behind. For
example, they may "see the light" but are afraid of being
judged.
SENATOR REINBOLD said that this board is the Violent Crimes
Compensation Commission. She said she has researched his
activities and she offered her belief that this is the wrong
board for him. She said she will be a "no" vote.
3:06:13 PM
SENATOR KIEHL said that this board deals with victims of crime.
He asked whether he has a criminal history.
MR. FRANCIS said when he was in high school that he became
involved with the wrong people. However, he got himself away
from those people by moving away forty years ago.
SENATOR KIEHL asked whether any of the crimes included a violent
element.
MR. FRANCIS responded absolutely not.
SENATOR KIEHL said the board also deals with compensation, often
with insured losses. He asked whether any crimes involved an
element of insurance.
MR. FRANCIS answered that he was involved in insurance fraud. In
response to Senator Kiehl, he explained that in 1982 or 1983 a
friend stored belongings at his house. His friend arranged to
have the items stolen while Mr. Francis was at work and then
filed an insurance claim against it.
3:08:09 PM
CHAIR HUGHES asked whether he was ever a victim of a crime and
if that led to him starting a Facebook group. She further asked
him to identify how many members are on his Facebook groups.
MR. FRANCIS said the memberships for both Facebook pages totals
about 20,000. He said he was a victim of a burglary just prior
to moving to Alaska. He said that he put some things up for sale
on Craigslist and someone got his address and cleaned him out.
He said that his ex-wife was molested by her stepfather, which
he learned about after his marriage. He said he feels very
deeply about those types of crimes.
3:09:31 PM
SENATOR MICCICHE asked for further clarification on his criminal
activity. He recalled that he talked about "a bad crowd" and
some things being removed from a house. He asked for further
clarification on his participation.
MR. FRANCIS said that there were two crimes. The first one was a
burglary. He helped the "bad apple" in his crowd rob his
neighbor's house. The second crime was an insurance fraud that
took place in a mobile home he owned. These crimes were about a
year apart, he said.
3:10:33 PM
CHAIR HUGHES opened public testimony on the confirmation
hearings for the candidates.
3:10:58 PM
JEFF LANDFIELD, representing self, Anchorage, said he was not
planning on testifying but after Mr. Shaw referenced his
website, "The Alaska Landmine," he wanted to clarify that he was
not contacted by any union members about his behavior or what
happened. KRBD in Ketchikan widely reported about it. He said
that on July 30th Mr. Shaw initially tried to hire the same firm
in Anchorage that was already representing the [Ketchikan
Gateway Borough] school district. At the August 8th KGBSD
meeting, he refused to recuse himself from the investigation and
only did so after parents made it very clear it was
inappropriate. He urged members to watch the video recording
that will show Mr. Shaw was very rude to them. He reiterated
that no one approached him, that there was not any union
vendetta. He said that it was widely reported in the Ketchikan
media and he did a story on it. He said he wanted to clarify
that based on the comment Mr. Shaw made.
3:12:35 PM
CHAIR HUGHES closed public testimony on the confirmation
hearings for appointees to the Alaska Judicial Council, the
Board of Governors of the Alaska Bar, the Alaska Commission on
Judicial Conduct, the Violent Crimes Compensation Board.
3:12:43 PM
CHAIR HUGHES stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the following appointments be forwarded to a joint
session for consideration:
Alaska Judicial Council
David Parker - Wasilla
Board of Governors of the Alaska Bar
Jedidiah Cox - Anchorage
Alaska Commission on Judicial Conduct
Trevor Shaw - Ketchikan
Violent Crimes Compensation Board
John Francis - Wasilla
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
3:13:13 PM
CHAIR HUGHES reviewed upcoming committee announcements.
3:14:02 PM
At-ease.
3:15:03 PM
CHAIR HUGHES reconvened the committee meeting.
3:15:35 PM
There being no further business to come before the committee,
Chair Hughes adjourned the Senate Judiciary Standing Committee
meeting at 3:15 p.m.