03/13/2020 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SJR13 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 76 | TELECONFERENCED | |
| += | SJR 13 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 13, 2020
1:31 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Peter Micciche, Vice Chair
Senator Shelley Hughes
Senator Lora Reinbold (via teleconference)
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Public Defender Agency
Samantha Cherot - Anchorage
- CONFIRMATION ADVANCED
Board of Governors of the Alaska Bar
William Granger - Anchorage
- CONFIRMATION ADVANCED
Alaska State Commission for Human Rights
Jamie Allard - Eagle River
- CONFIRMATION ADVANCED
Alaska Police Standards Council
Daniel Weatherly - Anchor Point
- CONFIRMATION ADVANCED
SENATE JOINT RESOLUTION NO. 13
Proposing an amendment to the Constitution of the State of
Alaska relating to abortion.
- HEARD & HELD
SENATE BILL NO. 76
"An Act repealing the Workers' Compensation Appeals Commission;
relating to decisions and orders of the Workers' Compensation
Appeals Commission; relating to superior court jurisdiction over
appeals from Alaska Workers' Compensation Board decisions;
repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of
Appellate Procedure, and amending Rules 202(a), 204(a) - (c),
210(e), 601(b), 602(c) and (h), and 603(a), Alaska Rules of
Appellate Procedure; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SJR 13
SHORT TITLE: CONST. AM: PROHIBIT ABORTION/FUNDING
SPONSOR(s): SENATOR(s) HUGHES
01/21/20 (S) READ THE FIRST TIME - REFERRALS
01/21/20 (S) HSS, JUD, FIN
02/26/20 (S) HSS AT 1:30 PM BUTROVICH 205
02/26/20 (S) Heard & Held
02/26/20 (S) MINUTE(HSS)
03/06/20 (S) HSS AT 1:30 PM BUTROVICH 205
03/06/20 (S) Moved SJR 13 Out of Committee
03/06/20 (S) MINUTE(HSS)
03/09/20 (S) HSS RPT 3DP
03/09/20 (S) DP: WILSON, SHOWER, GIESSEL
03/09/20 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/09/20 (S) Heard & Held
03/09/20 (S) MINUTE(JUD)
03/11/20 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/11/20 (S) Heard & Held
03/11/20 (S) MINUTE(JUD)
03/13/20 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SAMANTHA CHEROT, Appointee
Public Defender Agency
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Public
Defender Agency.
CARY JOKIEL, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Ms. Cherot's
appointment to the Public Defender Agency.
JOHN CASHION, Attorney representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Ms. Cherot's
appointment to the Public Defender Agency.
JACK ROBINSON, Attorney representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Ms. Cherot's
appointment to the Public Defender Agency.
WILLIAM GRANGER, Appointee
Board of Governors of the Alaska Bar
Office of the Governor
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
JAMIE ALLARD, Appointee
Alaska State Commission for Human Rights
Office of the Governor
Eagle River, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska State
Commission for Human Rights.
DANIEL WEATHERLY, Appointee
Alaska Police Standards Council
Department of Public Safety
Anchor Point, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
MARGARET MCDONAGH, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
MATT DUNCAN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
CHERYL LOVEGREEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
SAVANNA SCHOESSLER, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
HAYDEN NEVILL, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
TERRISA BUKOVINAC, Founder
Pro-Life San Francisco
San Francisco, Alaska
POSITION STATEMENT: Testified in support of SJR 13.
KATHY TAYLOR YOKEL, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
MOIRA PYHALA, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
DIANA REDWOOD, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
CHRISTINE ROBBINS, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SJR 13.
ANDY RICE, representing self
North Pole, Alaska
POSITION STATEMENT: Testified in support of SJR 13.
ROBYN STEVENS, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SJR 13.
DANIEL DAUGHERTY, Student
University of Alaska Fairbanks; President
Arctic Students for Life
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SJR 13.
PRINCE NWANKUDU, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SJR 13.
ACTION NARRATIVE
1:31:26 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Present at call to order
were Senators Kiehl, Hughes, and Chair Coghill. Senator Micciche
joined the meeting shortly thereafter.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Public Defender Agency
Board of Governors of the Alaska Bar
Alaska State Commission for Human Rights
Alaska Police Standards Council
1:33:11 PM
CHAIR COGHILL announced that the first order of business would
be consideration of governor appointees to boards and
commissions.
He said the first hearing is a continuation of the hearing for
Samantha Cherot to the Public Defender Agency.
1:33:37 PM
SENATOR KIEHL asked Ms. Cherot to describe her role,
interaction, and independence when answering questions that
policy makers have on policy or proposed legislation related to
the Public Defender Agency.
1:34:11 PM
SAMANTHA CHEROT, Appointee, Public Defender Agency, Department
of Administration, Anchorage, Alaska, answered that when the
legislature has questions, she does not take a position on
legislation but would speak to the impact of proposed
legislation on the agency. She said the agency also tracks bills
that it deems may have an impact on the agency, provides fiscal
notes, and provides testimony on proposed legislation.
1:34:42 PM
SENATOR KIEHL asked if impacts on the agency meant impacts on
the rights of the clients of the Public Defender Agency.
MS. CHEROT answered yes.
1:35:10 PM
SENATOR HUGHES said members were provided a document after the
last hearing that showed a hiring memo for a person mentioned
during the previous hearing had gone forward and was signed and
approved. She asked if the person was hired or if a decision was
made later not to hire her.
MS. CHEROT said that since the last hearing she reviewed the
personnel act and rules and conferred with the personnel
director and legal counsel. She said she cannot discuss the
status on that issue. She recalled her testimony indicated that
the person in question is not listed in the state employee
directory. She since learned that she could speak about
contractors, so she offered to expand on the question Senator
Reinbold asked regarding Quinlan Steiner.
1:36:44 PM
SENATOR HUGHES said she understood the constraints, but she
found her response on whether she had hired an employee
troubling because a hiring memo was made public. After the
hearing, she learned that Ms. Cherot was seeking to hire this
person. She asked if she could respond so members would have a
sense of her judgment on this matter.
MS. CHEROT answered that part of the personnel act protects the
confidentiality of personnel records, including the applicant
process and consideration of an applicant. She related her
understanding that a memo may be erroneously distributed. She
has been advised that she cannot speak to that matter. She
reiterated the process that she uses to assess applicants to
ensure attorneys that she hires have the credentials, including
assessing their qualifications, work experience, commitment to
the work, and reference checks. She explained that before any
attorney can work for the agency, the individual must undergo an
extensive moral practice examination prior to being licensed to
practice law in Alaska. Further, the Public Defender Agency
trains its attorneys to assess cases objectively and how to
provide advice to its clients. She reiterated that she would
take action if she had concerns based on an employee's conduct
in or out of the office.
SENATOR HUGHES asked about the contract for Mr. Steiner.
MS. CHEROT said Mr. Steiner is working under a short-term
contract that expires in May 2020 on post-conviction relief
matters for the agency. This position has been vacant since
October 2019. The agency has had ongoing recruitment and
retention challenges. The agency reviews every case to determine
if any conflicts of interest exist. The agency's attorneys or
contractors can handle post-conviction relief matters where
there is an ineffective assistance of counsel claim against a
current agency attorney, which would be a conflict of interest
under the professional rules of conduct or under case law. Mr.
Steiner would not handle any case of that nature. Every attorney
has an ethical obligation to represent the agency's clients
zealously and if that were compromised, given his prior role as
director, he would recuse himself. Mr. Steiner is not handling
cases in which a client has a claim against an agency attorney
or an agency attorney that he has previously supervised. She
added that those types of cases require extensive experience,
which is the background that Mr. Steiner has since he worked in
the appellate division prior to being the previous director.
1:40:44 PM
SENATOR HUGHES said she understood the difficulty in hiring and
retentions but it seemed odd to enter into a contract with
someone she was replacing. She asked whether she held
conversations with the administration about this, if she had the
ultimate hiring authority, or whether she had to obtain
authority to enter a contract.
MS. CHEROT answered that the administration was aware of the
agency's recruitment challenges. At the time the contract was
initiated she had one applicant who was not available until
August. She said there is a significant backlog of post-
conviction relief claims, which is a concern for her agency and
the court system. She said she does have independent hiring
authority, but she did notify the administration of the need to
execute a temporary contract with Mr. Steiner.
CHAIR COGHILL said he served on the Finance subcommittee for the
Department of Administration and sometimes the legislature has
authorized positions that the department cannot fill.
1:42:46 PM
SENATOR HUGHES asked if she had communication before or after
the contract was signed and if the administration had any
response or concern.
MS. CHEROT answered that she was unsure of the timing, but she
notified Deputy Commissioner Donley.
1:43:31 PM
SENATOR MICCICHE asked if it was plausible that someone could
process all the paperwork and decide not to hire the person
after the paperwork was approved.
MS. CHEROT answered yes.
CHAIR COGHILL turned to public testimony on the confirmation
hearing for Ms. Cherot, appointee to the public defender agency.
1:45:09 PM
CARY JOKIEL, representing self, Anchorage, Alaska, said she was
a lifelong Alaskan who operates a small environmental company
that provides services on the local, state and federal level.
She said she has known Ms. Cherot for over two decades and was
pleased to hear Ms. Cherot returned to Anchorage since she knew
Ms. Cherot would have an immediate positive impact on the
community. She said she served on the YMCA from 2011 to 2018 and
when Ms. Cherot joined the board in 2016, she quickly
demonstrated her commitment to the YMCA's mission to empower
women and reduce racism. She was elected as board president in
her second year. Ms. Cherot was diligent in efforts to hire a
new chief executive officer and helped to create an enthusiastic
board dynamic. She helped the board make tough decisions to help
the organization remain fiscally viable. She said she finds her
to be a strong, practical, and fair leader. She stated it was
her honor to speak on her behalf.
JOHN CASHION, Attorney, representing self, Anchorage, Alaska,
said he spent 13 years working for the Public Defender Agency
and had been in private practice for eight years. He worked with
Ms. Cherot in public and private practice, during which he found
her to be an extremely accomplished trial attorney. He said she
demonstrated a unique ability to handle complex issues and be
articulate. In terms of the public defender agency, she brings
her experience in criminal and civil law experience. He
described her as a leader who is highly respected. During his
time with the agency she worked in supervisory positions, but
she was also someone everyone could count on. She conducted
herself in a gracious manner, attuned to other people's points
of view. He said she was an effective advocate, possessing the
ability to make difficult decisions. She is an asset to the
agency and the state. He offered his highest recommendation.
1:49:09 PM
JACK ROBINSON, representing self; Attorney, Ashburn & Mason
P.C., Anchorage, Alaska, spoke in support of Ms. Cherot's
appointment. He stated that he previously served at the Public
Defender Agency, but he has worked in private practice for the
past five years. He related that Ms. Cherot worked in the
criminal trial unit for approximately three years, quickly
taking on higher-level complex cases and mentoring new
attorneys. She brought civil litigation associate experience
from California. She also worked in private practice with Mr.
Cashion's firm. He commended her ability and offered his view
that if she chose to return to private practice, she would be
sought after. She worked in the agency's civil division, working
on CINA cases. He can hardly recall anyone with the depth of
leadership and practical legal experience as Ms. Cherot.
Further, when the Alaska Judicial Commission released its bar
poll, Ms. Cherot had an incredibly high score from prosecutors,
judges and colleagues, which speaks to her temperament. He
recommended her confirmation.
1:51:46 PM
CHAIR COGHILL, after first determining no one else wished to
testify, closed public testimony on the confirmation hearing for
Ms. Cherot, appointee to the public defender agency. He asked
Ms. Cherot if she had closing comments.
1:52:02 PM
MS. CHEROT stated that good management means providing
leadership, direction, fairness, consistency, organization,
responsiveness, and commitment to the agency, which is what she
has been doing for the last six months in this role. She said
continued stability is important to the health of the agency
going forward and to the indigent Alaskans that the agency
serves. She thanked members for their time and consideration.
1:52:34 PM
CHAIR COGHILL thanked her for her willingness to serve.
1:52:48 PM
SENATOR MICCICHE commented that he had hired lots of people and
sometimes things do not work out. He recalled that she was asked
about two specific names and her response was that members could
check the employee directory for both names.
MS. CHEROT answered that was correct.
1:53:39 PM
CHAIR COGHILL turned to the confirmation hearing for Mr.
Granger, appointee to the Board of Governors of the Alaska Bar.
1:54:31 PM
WILLIAM GRANGER, Appointee, Board of Governors of the Alaska
Bar, Anchorage, Alaska, stated that he was a lifelong Alaskan
seeking reappointment. He had been a member of the Board of
Governors for about 14 years, appointed by several
administrations. His role had been to serve as the treasurer,
handling and advising its management on financial matters. The
public member serves a valuable role to provide historical and
institutional knowledge and continuity. He said he would like to
continue to serve in that role.
CHAIR COGHILL asked for his view on some things that have
improved or need improvement.
1:56:37 PM
MR. GRANGER said some of the major changes revolve around public
service and advocacy. He said the board has a robust outreach
into the community and is responsible for tests, admissions, and
background checks for a person to be admitted to the bar. The
board also conducts disciplinary matters in conjunction with the
Alaska Supreme Court and provides continuing education to
members on ethics and other topics. He said he thinks it
provides a valuable service to the bar and the public. He
offered his view that it had improved substantially over time.
CHAIR COGHILL asked about the state's cadre of attorneys and if
the state was good at weeding out bad actors.
MR. GRANGER responded that the bar was rapidly aging. He offered
his view that the bar has one of the highest testing thresholds
in the nation, such that a person has to achieve a certain score
to be admitted to the bar or practice in another jurisdiction
for a period of five years in order to obtain reciprocity. He
maintained that Alaska's standards are reasonably high. The
Court is responsive to recommended discipline. He said the
program keeps the bar clean and honest and Alaska should be
proud of it.
1:59:44 PM
SENATOR HUGHES asked if the public member has an opportunity to
serve on any committees.
MR. GRANGER answered that there are three public members who are
all very active. He said he had never been denied an opportunity
to serve on a committee.
2:00:48 PM
SENATOR HUGHES asked him to describe the committee areas that
have been his focus.
MR. GRANGER replied his background was in finance, so most of
his active involvement was on financial and economic management
matters for the organization, although he does participate in
some of the social committees.
2:01:31 PM
SENATOR HUGHES referred to the Bar Association's list of
committees, which she read: the Bar Rag, Alaska Rules of
Professional Conduct, Continuing Legal Education, Discipline
Divisions and Hearing Committee, Ethics, Fair and Impartial
Courts, Fee Arbitration Panel, Historians, Law Examiners, Law
Related Education, Lawyer's Assistant, Lawyer's Fund for Client
Protection, Mediation Panels, Pro Bono Service, Scholarships and
Tutors. She commented that none of those appear to be directly
related to those matters.
2:02:14 PM
MR. GRANGER answered that those might be standing committees. He
meets regularly with the chief financial officer, the executive
director, and the board president concerning budgetary concerns
and approving the budget. He said he also participates in
various determinations of capital level and investment policies.
Those might not manifest in standing committees that appear on
the website.
SENATOR HUGHES suggested that the committee list she read might
relate to the membership at large. She said it makes sense that
with his banking background he is helping the board stay on
track. She suggested that the Alaska Bar Association might
improve the website listing by providing information on the
board of governors.
MR. GRANGER agreed to do so.
2:04:30 PM
CHAIR COGHILL turned to the confirmation hearing for Jamie
Allard, Appointee to the Alaska State Commission for Human
Rights.
2:04:47 PM
JAMIE ALLARD, Appointee, Alaska State Commission for Human
Rights, Office of the Governor, Eagle River, Alaska, stated that
her father came to the U.S. from Chile and became a citizen in
1962. He started as a janitor and put himself through college.
He eventually became a nuclear division director for General
Electric in San Francisco, California. He died at the age of 33
so she was raised by a single mother. At an early age she
recognized the importance of education to her future. She
competed in the Junior Olympics as a track and field athlete.
After high school, she joined the U.S. Army as a transportation
specialist. She learned vocational training, communication, and
leadership training. She served as an Army Sergeant and later
worked for the U.S. State Department in the former Soviet Union
promoting democracy. As a civilian State Department employee,
she had the flexibility to plan around her husband's deployment.
She worked for the Department of Veteran's Affairs, Social
Security Administration, and the Department of Defense. She
recently resigned from the Alaska Department of Military and
Veterans Affairs and is in her third year of college at Norwich
University working toward a degree in national security studies.
She said she is a disabled veteran and she would be proud to
serve on the commission.
2:08:31 PM
CHAIR COGHILL thanked her for her service.
2:08:46 PM
SENATOR KIEHL said he appreciated her service. He asked what
role she sees for the commission.
MS. ALLARD responded that the commission has taken steps to save
money and it has a diverse group of commissioners. She said she
brings a veteran's perspective and her own experience of being
discriminated against as a female.
2:10:01 PM
SENATOR KIEHL pointed out that veterans are not one of the
classes protected by the human rights statutes. He asked if it
should be a protected class.
MS. ALLARD answered that it should be at the federal level. She
said her disability is covered because she is deaf, but she did
not think that the Alaska State Commission for Human Rights
should cover veterans.
2:11:19 PM
SENATOR HUGHES thanked her for her willingness to serve.
2:11:36 PM
CHAIR COGHILL thanked her for her willingness to serve.
MS. ALLARD responded that the commissioners are volunteers who
will do their best.
2:12:19 PM
CHAIR COGHILL turned to the confirmation hearing for Mr. Daniel
Weatherly, Appointee to the Alaska Police Standards Council.
2:12:43 PM
DANIEL WEATHERLY, Appointee, Alaska Police Standards Council,
Department of Public Safety, Anchor Point, Alaska, stated his
interest in serving is because he previously served as a trooper
in several small communities in Alaska. He said he has over
2,000 hours of training and an advanced police certificate and
is a certified instructor. He noted that he has attended one
quarterly meeting, serving in the position for communities of
2,500 people and under. He came to Alaska with the U.S. Coast
Guard in Ketchikan. He spent four years with the Ketchikan Fire
Department as an emergency medical technician and firefighter.
He also worked as a seasonal park ranger. He served in the
Alaska State Troopers at the academy in Sitka, in Valdez,
Anchorage, Kotzebue, and Homer and in several other positions
after his trooper service.
2:17:43 PM
CHAIR COGHILL thanked him for his service.
2:18:41 PM
MR. WEATHERLY thanked the committee for the opportunity to
testify.
2:19:21 PM
CHAIR COGHILL, after first determining that no one wished to
testify, closed public testimony on the confirmation hearings.
2:19:41 PM
SENATOR REINBOLD (via teleconference) asked to make a motion to
not forward the name of Samantha Cherot.
CHAIR COGHILL advised Senator Reinbold that she could not make a
motion on this matter online, but her position was noted.
2:20:31 PM
CHAIR COGHILL stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Public Defender Agency
Samantha Cherot - Anchorage
Board of Governors of the Alaska Bar
William Granger - Anchorage
Alaska State Commission for Human Rights
Jamie Allard - Eagle River
Alaska Police Standards Council
Daniel Weatherly - Anchor Point
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.
2:21:29 PM
At-ease.
2:23:35 PM
CHAIR COGHILL reconvened the meeting.
2:23:44 PM
SENATOR MICCICHE said he researched the matter related to
confirmation hearings since he had at times not wanted to
forward a name. He said he would like to make it clear to the
public because someone circulated an email asking people to
block a nominee. He explained that the committee does not have a
procedure to do so. The appointments are forwarded to a joint
session for consideration. He read AS 39.05.080(2)(B) that says,
"the legislature shall, before the end of the regular session in
which the appointments are presented, in joint session
assembled, act on the appointments by confirming or declining to
confirm by a majority vote of all of the members the
appointments presented."
He explained that the action on confirmations occurs on the
floor in joint session, not in committee.
CHAIR COGHILL acknowledged that there was some disagreement, but
the committee brought forth the issues.
SJR 13-CONST. AM: PROHIBIT ABORTION/FUNDING
2:25:00 PM
CHAIR COGHILL announced the consideration of SENATE JOINT
RESOLUTION NO. 13, Proposing an amendment to the Constitution of
the State of Alaska relating to abortion.
[CHAIR COGHILL opened public testimony on SJR 13.]
2:26:32 PM
MARGARET MCDONAGH, representing self, Anchorage, Alaska, said
she is a lifelong Alaskan who believes SJR 13 violates the right
to privacy guaranteed in the Constitution of the State of
Alaska. She views someone's health care decisions, including
reproductive health care, as private decisions. She urged
members not to move SJR 13 from committee.
2:27:18 PM
MATT DUNCAN, representing self, Anchorage, Alaska, spoke in
opposition to SJR 13. He offered his view that charities care
for the unwanted children of the world. He suggested that people
will testify that they want abortion banned, yet they do not
want to care for the people who are not wanted. He referred to a
book, The Tipping Point by Malcolm Gladwell, to substantiate his
belief that legalized abortion leads to less crime. He offered
his belief that a woman's right to make her own decisions is her
right.
2:29:55 PM
CHERYL LOVEGREEN, representing self, Anchorage, Alaska, stated
that SJR 13 would amend the Constitution of the State of Alaska
and remove Alaskans' right to privacy and the right to safe and
legal abortions. It would force women and teenage girls to
endure pregnancies resulting from rape or incest. She pointed
out that Alaska has high rates of sexual assault. She cited a
recent poll that indicates that nearly 8 of 10 Alaskans are
opposed to the legislature banning abortion. She urged members
to vote it down.
2:31:05 PM
SENATOR HUGHES clarified that this resolution does not ban
abortion or remove a woman's rights or force someone who has
been raped to seek an illegal abortion. Instead, SJR 13 would
allow the legislature and Alaskans through an initiative process
to decide if there are any parameters regarding abortion that
the state would like to set, just as other states have done. She
asked testifiers to read SJR 13. She reiterated that it would
allow the legislature to set the policy rather than the
judiciary.
2:32:34 PM
SENATOR KIEHL explained that the sponsor was correct on the
direct effect of SJR 13, but it would permit those restrictions
and many more.
CHAIR COGHILL acknowledged that would be part of the committee
discussion with the cloud of the Alaska Supreme Court's
decisions impacting the issue.
2:33:05 PM
SAVANNA SCHOESSLER, representing self, Soldotna, Alaska,
expressed her frustration of not being able to testify at an
earlier hearing. She said she is a lifelong Alaskan who opposes
SJR 13. She disagreed with the sponsor's earlier comments
because it leaves woman's health care decisions in the
government's realm instead of with women. This includes forced
births, which does not have a place in civilized society. She is
opposed to government intervention and to changing the
Constitution of the State of Alaska. She offered her view that a
member is being paid by an anti-abortion organization.
2:35:36 PM
SENATOR MICCICHE asked the Chair to prohibit accusations during
public testimony, which is unfair, unjustified, and should not
occur. He welcomed hearing opinions during public testimony, but
he was not willing to be personally maligned.
CHAIR COGHILL cautioned testifiers against making personal
accusations and to limit their comments to the resolution. He
acknowledged that this issue elicits strong opinions.
2:36:32 PM
HAYDEN NEVILL, representing self, Fairbanks, Alaska, stated that
he understands the language in SJR 13. He said he loves Alaska
because he values its natural beauty, but he also values
Alaskans' right to privacy and the right for individuals to make
their own decisions. In fact, the right to privacy is so valued
that it is included in the Constitution of the State of Alaska.
He offered his belief that the courts have correctly interpreted
that the right to privacy includes the right to access abortion.
A woman's decision surrounding abortion is intensely personal
but is none of his business or the business of lawmakers, he
said. He urged members not to undermine Alaskans' right to
privacy because of one issue.
2:38:24 PM
TERRISA BUKOVINAC, Founder, Pro-Life San Francisco, San
Francisco, Alaska, spoke in support of SJR 13. She said she is a
feminist, and an activist in several arenas. This organization
is dedicated to resisting the influence of abortion in her
community. She said SJR 13 is crucial to achieve equal
representation for all Alaskans. She said that as a fulltime
activist she has worked on similar legislation that does not
criminalize abortion but keeps the door open to regulation. She
indicated she has heard people's beliefs that resolutions of
this type will be used to ban abortion. She agreed that some
people do, just as some want to ban all birth control. She
informed members that hundreds of research projects rely on
fetal tissue that is provided by 18-24 weeks old fetuses. It
concerns her because fetuses over 22 weeks have a very high rate
of survival and because of the methods used for late term
abortions. She cited a poll that showed that 72 percent of
Democrats want abortion more restricted and regulated.
2:42:00 PM
KATHY TAYLOR YOKEL, representing self, Fairbanks, Alaska, spoke
against SJR 13 and in support of the right to privacy. She
pointed out that that birth control is not 100 percent effective
and then related her family's experiences related to abortions
and to the medical risk of pregnancy.
CHAIR COGHILL held public testimony open and encouraged the
public to submit written testimony to
senate.judiciary@akleg.gov.
2:44:31 PM
MOIRA PYHALA, representing self, Soldotna, Alaska, said she is a
lifelong Alaskan. She remarked that Alaska has the highest
incidence of sexual assault in the nation. She stated that she
was a victim of sexual assault as a 15-year old, which
fortunately did not result in a pregnancy. She offered her view
that she would not have graduated from college if she had become
pregnant. She did not believe SJR 13 would end abortion, but
that it would end safe and legal abortions. She said she
considers health care to include abortion. She urged Senator
Micciche to help provide access to health care rather than to
undermine health care decisions that women in his district make
and urged the legislature to address important issues, including
the high incidence of sexual assault in Alaska.
CHAIR COGHILL reminded members to stay focused on SJR 13.
2:47:37 PM
DIANA REDWOOD, representing self, Anchorage, Alaska, spoke in
opposition to amending the Constitution of the State of Alaska
through SJR 13. She said this resolution seems to weaken the
privacy protections and reproductive health in the state. She
referred to SJR 13, which states it is to protect human life,
but access to family planning, including abortion, is also an
economic issue. When abortions are limited, it increases women's
chances to experience poverty, unemployment, and dependence on
public assistance programs. She urged members not to pass SJR 13
from committee.
2:49:11 PM
CHRISTINE ROBBINS, representing self, Fairbanks, Alaska, spoke
in support to SJR 13. She said this will put power back to the
people and restore balance in the legislative, executive, and
judicial branches of government. She offered her view that less
than one percent of abortions are medically necessary. She
offered her view that supporting abortion is a violation of
conscience for most Alaskans and Americans. She stated that she
works in various ministries and many people do want the
unwanted. She objected to public funding of abortion. She did
not consider abortions as health care. She offered her view that
the issue is not about privacy but about having abortion paid
for by someone else.
2:51:11 PM
ANDY RICE, representing self, North Pole, Alaska, spoke in
support of SJR 13, to place the matter on the ballot. She
offered her view that each life matters. She spoke in opposition
to having tax dollars spent on abortions and opined that all the
lives that have been lost is a travesty to society.
2:52:29 PM
At ease.
2:53:24 PM
CHAIR COGHILL reconvened the meeting.
2:53:30 PM
ROBYN STEVENS, representing self, Juneau, Alaska, said she has
been lucky to have consistent access to birth control, medically
accurate sex education, and healthy relations. Many women are
not lucky. She said she understands what SJR 13 does. It has
been upheld over and over that people have the right to self-
determination and cannot be forced to donate blood to another
person, yet she would be denied bodily autonomy. She said the
defining feature of slavery was to take away people's rights.
She offered her view that forced pregnancy is being executed by
the most barbaric factions in the modern world and listed as a
human rights violation by the United Nations. The U.S. has the
highest risk of maternal mortality in the developed world. She
suggested that the focus should be to provide the best chance
for every wanted child instead of forcing vulnerable women into
potentially life-threatening situations.
2:55:40 PM
DANIEL DAUGHERTY, Student, University of Alaska Fairbanks;
President, Arctic Students for Life, Fairbanks, Alaska, spoke in
support of SJR 13. He said he has not heard people define
abortion in today's testimony, but it is the ending of a human
life. He found it disturbing that people ignore that definition,
but instead talk about taking away women's rights. This
resolution would allow legislature to regulate the ending of a
human life.
2:58:29 PM
PRINCE NWANKUDU, representing self, Anchorage, Alaska, spoke in
support of SJR 13. He said the issue at stake is a human life.
He said protecting the child in the womb is a moral obligation
to ensure medical abortion is regulated. He did not view the
resolution as banning abortion, but to make sure that people do
not have an abortion as a right, which is contradictory to
federal laws. He said many pro-life people are champions of
adoptions. He urged members to let Alaskans decide this issue
via a ballot initiative.
3:00:33 PM
CHAIR COGHILL encouraged people to submit written testimony to
senate.judiciary@akleg.gov. He said public testimony will be
held open.
SJR 13 was held in committee.
3:01:40 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:01 p.m.
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