Legislature(1997 - 1998)

04/30/1998 02:15 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
             HOUSE FINANCE COMMITTEE                                           
   April 30, 1998                                                              
                          2:15 P.M.                                            
                                                                               
TAPE HFC 98 - 136, Side 1.                                                     
TAPE HFC 98 - 136, Side 2.                                                     
TAPE HFC 98 - 137, Side 1.                                                     
TAPE HFC 98 - 137, Side 2.                                                     
TAPE HFC 98 - 138, Side 1.                                                     
                                                                               
CALL TO ORDER                                                                  
                                                                               
Co-Chair Therriault called the House Finance Committee                         
meeting to order at 2:15 P.M.                                                  
                                                                               
PRESENT                                                                        
                                                                               
Co-Chair Hanley   Representative Kelly                                         
Co-Chair Therriault   Representative Kohring                                   
Representative J. Davies  Representative Martin                                
Representative G. Davis  Representative Moses                                  
Representative Grussendorf Representative Mulder                               
                                                                               
Representative Foster was not present for the meeting.                         
                                                                               
ALSO PRESENT                                                                   
                                                                               
Representative John Cowdery; Kristie Tibbles, Staff,                           
Senator Drue Pearce; Jim Hornaday, Staff, Representative                       
Pete Kott; Jed Whittaker, Self, Juneau; Vic Fischer, Self,                     
Anchorage; Thomas Stewart, Retired Judge, Juneau; Bill                         
Cotton, Executive Director, Alaska Judicial Council,                           
Juneau; Stephanie Cole, Administrative Director, Alaska                        
Court System, Anchorage; Chris Stockard, Captain,                              
Department of Public Safety; Lisa Kirsch, Alaska Bar                           
Association, Juneau; Marco Pignalberi, Staff,                                  
Representative John Cowdery.                                                   
                                                                               
TESTIFIED VIA TELECONFERENCE:                                                  
                                                                               
Bruce Richter, Captain, Anchorage Police Department,                           
Anchorage; Lawrence Zager, Captain, Anchorage Police                           
Department, Anchorage; Robert Griffiths, Police Officer,                       
Anchorage Police Department, Anchorage; Keith Cordell, Vice                    
President, Anchorage Police Department Employees                               
Association, Anchorage; John Eng, Alaska Contractors                           
Association, Anchorage; Deputy Chief Welch, Fairbanks                          
Police Department, Fairbanks; Ken Jacobus, Anchorage.                          
                                                                               
SUMMARY                                                                        
                                                                               
SB 285 An Act relating to state procurement practices.                         
                                                                               
HCS CSSB 285 (FIN) was reported out of Committee                               
with a "do pass" recommendation and with zero                                  
fiscal notes by the Department of Transportation                               
and Public Facilities dated 2/26/98 and the                                    
Department of Commerce and Economic Development                                
dated 2/26/98.                                                                 
                                                                               
HB 405 An Act relating to failing to stop a vehicle when                       
directed to do so by a peace officer.                                          
                                                                               
 HB 405 was HELD in Committee for further                                      
consideration.                                                                 
                                                                               
HJR 47 Proposing amendments to the Constitution of the                         
State of Alaska relating to the nomination,                                    
selection, appointment, and public approval or                                 
rejection of justices of the supreme court and of                              
judges of courts established by the legislature                                
that have as an exclusive purpose the exercise of                              
appellate jurisdiction over judicial acts and                                  
proceedings, and requiring legislative                                         
confirmation of those justices and judges and of                               
the appointed members of the judicial council.                                 
                                                                               
CS HJR 47 (FIN) was reported out of Committee                                  
with a "no recommendation" and with a fiscal note                              
by the Office of the Governor dated 3/11/98.                                   
SENATE BILL NO. 285                                                            
                                                                               
"An Act relating to state procurement practices."                              
                                                                               
KRISTIE TIBBLES, STAFF, SENATOR DRUE PEARCE, explained the                     
changes made to the committee substitute, #0-LS1473\K,                         
Bannister, 4/30/98.  This version would allow the Alaska                       
Railroad Corporation to participate in the competitive                         
bidding process, although, projects involving signalization                    
and flagging would be done solely by the railroad.                             
                                                                               
JOHN ENG, (TESTIFIED VIA TELECONFERENCE), ALASKA                               
CONTRACTORS ASSOCIATION, ANCHORAGE, spoke in support of the                    
competitive bidding process and the legislation before the                     
Committee.                                                                     
                                                                               
Co-Chair Therriault MOVED that committee substitute 0-                         
LS1473\K, Bannister, 4/30/98, be the version before the                        
Committee.  There being NO OBJECTION, it was adopted.                          
                                                                               
Representative Martin MOVED to report HCS CS SB 285 (FIN)                      
out of Committee with individual recommendations and with                      
the accompanying fiscal notes.  There being NO OBJECTION,                      
it was so ordered.                                                             
                                                                               
HCS CSSB 285 (FIN) was reported out of Committee with a "do                    
pass" recommendation and with zero fiscal notes by the                         
Department of Transportation and Public Facilities dated                       
2/26/98 and the Department of Commerce and Economic                            
Development dated 2/26/98.                                                     
HOUSE BILL NO. 405                                                             
                                                                               
"An Act relating to failing to stop a vehicle when                             
directed to do so by a peace officer."                                         
                                                                               
JAMES HORNADAY, STAFF, REPRESENTATIVE PETE KOTT, stated                        
that HB 405 would increase penalties for drivers who do not                    
stop at the direction of a police officer.  Failure to stop                    
at the direction of a police officer is an offense in the                      
first degree, which would be a Class C felony.  Failure to                     
stop at the direction of a peace officer, a second-degree                      
offense, would occur if a person knowingly failed to stop                      
in a safe manner as soon as possible, which would be tried                     
as a Class A misdemeanor.                                                      
                                                                               
The crime of eluding a police officer is inherently                            
dangerous for pedestrians, other drivers and innocent                          
bystanders.  Mr. Hornaday summarized that by increasing the                    
penalties for this crime will help deter potentially                           
dangerous behavior and will better align the severity of                       
punishment with the severity of the crime.                                     
                                                                               
Co-Chair Therriault noted concern with the fiscal impact of                    
the legislation.                                                               
                                                                               
BRUCE RICHTER, (TESTIFIED VIA TELECONFERENCE), CAPTAIN,                        
ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, testified in                           
support of the legislation.  He commented that the                             
Anchorage Police Department is looking for a tool to be                        
better able to tract and identify drivers during illegal                       
actions.                                                                       
                                                                               
Representative Mulder asked if there was an option to                          
impose a large fine as opposed to imprisonment.  Captain                       
Richter replied, often, when police attempt to take the                        
vehicle, there is a lien in place against it.  These                           
vehicles are usually bought with borrowed money through a                      
bank.  Mr. Richter added, many of the drivers are often                        
alcohol impaired and, also, are teenagers.  Representative                     
Mulder spoke to overcrowding currently existing in the                         
State prisons system.                                                          
                                                                               
LARENCE ZAGER, (TESTIFIED VIA TELECONFERENCE), CAPTAIN,                        
ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, echoed Captain                         
Richter's support of the proposed legislation.  He pointed                     
out that the legislation has support of all police                             
officers.  The nature of driving during a chase is very                        
dangerous making this a public safety issue.  The                              
legislation will increase the crime to a felony which will                     
translate to a higher number of incarcerated people.                           
                                                                               
ROBERT GRIFFITHS, (TESTIFIED VIA TELECONFERENCE), POLICE                       
OFFICIER, ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, pointed                      
out that the tools of the proposed law will provide                            
prosecutors with an effective leverage for plea bargaining.                    
This could have a positive fiscal impact on expediting                         
cases.  He added, the goal of the legislation is to act as                     
a deterrent to those offenders considering whether to flee                     
or not.                                                                        
                                                                               
Co-Chair Therriault asked how the information would be                         
publicized if the law were passed.  Mr. Griffiths replied                      
that there is a Public Affairs section within the Anchorage                    
Police Department whose main responsibility it is to inform                    
the public of such changes to law.                                             
                                                                               
KEITH CORDELL, VICE PRESIDENT, ANCHORAGE POLICE DEPARTMENT                     
EMPLOYEES ASSOCIATION, ANCHORAGE, emphasized that this is a                    
serious concern for the Anchorage police.  Every officer                       
supports the action as the bill would act as a important                       
deterrent.                                                                     
                                                                               
Representative J. Davies asked if the "bumped up" portion                      
of the bill would address for the most part moving                             
violations and driving while intoxicated (DWI).  He asked                      
if the legislation could only address those violations                         
which are dangerous.  Police Officer Cordell replied that                      
could be possible with passage of an amendment.                                
                                                                               
CHRIS STOCKARD, CAPTAIN, DEPARTMENT OF PUBLIC SAFETY, noted                    
that the Department supports the legislation.  He estimated                    
that there  could be between 50 and 200 qualifying offenses                    
each year.  The presumption is that they would not be                          
prosecuted as felons.                                                          
                                                                               
JED WHITTAKER, SELF, JUNEAU, testified in opposition to HB
405.  He emphasized that this is poorly written "police                        
state" legislation and does not distinguish between people                     
who are pedestrians and those driving cars.  Mr. Whittaker                     
summarized that the legislation will not make the streets                      
safer.  Representative J. Davies countered that the                            
language refers to moving vehicles only.                                       
                                                                               
DEPUTY CHIEF WELCH, (TESTIFIED VIA TELECONFERENCE),                            
FAIRBANKS POLICE DEPARTMENT, FAIRBANKS, emphasized that the                    
police are looking for ways to deter people from fleeing                       
from police and vehicles.  Those people place the public                       
and officers at great risk.  He suggested that the fiscal                      
costs indicated are probably higher than the actual costs                      
would be.  He urged Committee members to support the                           
proposed legislation.                                                          
                                                                               
HB 405 was HELD in Committee for further consideration.                        
                                                                               
(Tape Change HFC 98- 136, Side 2).                                             
HOUSE JOINT RESOLUTION NO. 47                                                  
                                                                               
Proposing amendments to the Constitution of the State                          
of Alaska relating to the nomination, selection,                               
appointment, and public approval or rejection of                               
justices of the supreme court and of judges of courts                          
established by the legislature that have as an                                 
exclusive purpose the exercise of appellate                                    
jurisdiction over judicial acts and proceedings, and                           
requiring legislative confirmation of those justices                           
and judges and of the appointed members of the                                 
judicial council.                                                              
                                                                               
REPRESENTATIVE JOHN COWDERY provided testimony in support                      
of HJR 47.  He stated that the resolution would provide for                    
the legislative confirmation of judges appointed to                            
Alaska's Supreme Court and the Court of Appeals.  It would                     
also provide for legislative confirmation of all members of                    
the Judicial Council.                                                          
                                                                               
HJR 47 was crafted to apply to appointments to both the                        
Supreme Court and the Court of Appeals.  It does so by                         
adding constitutional language referencing courts or record                    
with appellate jurisdiction that is established by the                         
legislature, and would require all such appointments to be                     
presented for legislative confirmation.                                        
                                                                               
Representative Cowdery continued, an additional feature of                     
the resolution is that it would require confirmation of all                    
members of the Judicial Council.  The Council is created in                    
the Constitution, Article 4, Section 8.  It provides that                      
three public members appointed by the governor shall be                        
confirmed by the legislature.  However, it also provides                       
that three attorney members appointed by the Alaska Bar                        
Association do not have to be confirmed.  HJR 47 would                         
require that all members of the Council would be confirmed                     
by the Legislature.                                                            
                                                                               
Representative Cowdery stated that the motivation for the                      
constitutional amendment is to include the public in the                       
process of appointing judges.  The public currently has                        
less input into the judicial branch of government than in                      
either the executive or legislative branches.  By providing                    
for the legislative confirmation of judges, the public will                    
be able to participate in confirmation hearings.  Judicial                     
candidates will be able to present their philosophical                         
approach to jurisprudence.  The public will have a voice in                    
that selection.                                                                
                                                                               
In response to Representative Kelly, Representative Cowdery                    
explained that the Judicial Council was comprised of nine                      
members.  Three from the public appointed by the Governor,                     
three public members and three from the Alaska Bar                             
Association which are not confirmed.  The Chief Justice is                     
the head of the group.                                                         
                                                                               
THOMAS STEWART, RETIRED JUDICIAL JUDGE, ALASKA SUPERIOR                        
COURT, JUNEAU, noted that he had been involved in the                          
Alaska Court System since its inception in 1959 and the                        
preparation of the Alaska Constitutional Convention.  Judge                    
Steward spoke to three general categories:                                     
                                                                               
? History of the merit system for selecting judges;                            
? Concerns of the operations of the proposed                                   
measure; and                                                                   
? Manner in which constitutional amendments are                                
generally handled by the Legislature.                                          
                                                                               
Judge Stewart strongly opposed the proposed legislation and                    
urged Committee members to veto its passage.                                   
                                                                               
Representative Martin suggested that the current system is                     
"broken" because an element of trust has been diminished                       
within our State.  He noted that the current Judicial                          
Council has initiated liberal candidates and that the                          
public has no awareness of the judges who are chosen.                          
                                                                               
Judge Stewart pointed out that every judge stands for                          
election in his or her district, the first being in a                          
general election after three years in office.  He                              
emphasized that there have been judges rejected and that                       
the public does have the opportunity to support or reject                      
candidates.  Judge Stewart advised that the current process                    
does allow for correction of mistakes.  Judges are                             
responsible for executing laws as passed by the Governor                       
and Legislature.  Representative Martin voiced his                             
frustration with the Court's position on the "right to                         
privacy".                                                                      
                                                                               
(Tape Change HFC 98- 137, Side 1).                                             
                                                                               
Representative Grussendorf voiced concern with partisan                        
politics becoming involved in the judicial system with                         
passage of the resolution.  Co-Chair Therriault asked if                       
Representative Grussendorf would support Section 2 of the                      
Legislation.                                                                   
                                                                               
Representative Kelly observed that there is currently a                        
"disconnection" between the judiciary and the people.  He                      
questioned who the judicial branch is accountable too.                         
Representative Kelly stressed that the proposed legislation                    
represents the public's frustration.  He stated that the                       
judiciary branch is "out of touch" and has become an over                      
active judiciary.                                                              
                                                                               
Representative J. Davies disagreed with the                                    
characterization presented by Representative Kelly.  He                        
noted that more of his constituents have complained with                       
how "out of touch" the Legislature had become.  He claimed                     
that Representative Kelly's statements were a vast over                        
reaction.  He elaborated that the judiciary is doing its                       
job with laws as legislated.                                                   
                                                                               
Representative Kelly responded that logic disseminated by                      
the courts, often times is not sound.  He believes that the                    
Judicial System currently is in the business of making law                     
and that many judges ignore legislative intent.  He                            
suggested that the "right to privacy" now has evolved by                       
the judiciary to confer a benefit for people.  He                              
understood the "right to privacy" as the right to be left                      
alone.  Representative Kelly reiterated that the public is                     
"tired" with backward decisions made by the judiciary.                         
                                                                               
Representative Grussendorf stated that a protection of the                     
Court System is that judges are not a part of a popularity                     
contest as politicians are.  It would be harmful to have                       
judges in such a situation.  The role of legislators is to                     
be reflective of the public opinions but that is not the                       
role of judges.                                                                
                                                                               
Representative Mulder asked how often do judges stand for                      
retention.  Judge Stewart replied that on the appellate                        
level, Supreme Court justices stand for retention at the                       
first election after ten years served, although, they stand                    
for reconsideration after the first general election after                     
three years in office.  All judges selected under the merit                    
system stand for retention and that there is a performance                     
record for the voters to look at.  For the Supreme Court                       
judge, it is ten years, for the trial court judge it is six                    
years, and for the district court judge, it is four years.                     
Judge Stewart advised that in the federal system, judges                       
are appointed for a lifetime.                                                  
                                                                               
KEN JACOBUS, (TESTIFIED VIA TELECONFERENCE), ANCHORAGE,                        
stated that politics are most definitely involved in the                       
present judicial system.  These politics are being played                      
under the table.  He advised that what currently exists is                     
different from the judicial system that Judge Stewart                          
participated in.  Currently, there is a serious developing                     
crisis of confidence within the judiciary.  There is a                         
split between the judiciary and the people.                                    
                                                                               
He pointed out that at the Republican Convention in                            
Fairbanks, a resolution was amended to request people to                       
vote "no" on all judges at confirmation elections who make                     
decisions which are contrary to the Republican Party                           
platform and that resolution was passed.                                       
                                                                               
Mr. Jacobus supported the Legislature placing                                  
constitutional amendments before the people for matters,                       
which they believe are inappropriate decisions of the                          
judicial system.  He urged support for the proposed                            
legislation allowing the public to decide, declaring that                      
this would provide more and better judges for the Alaska                       
system.                                                                        
                                                                               
WILLIAM COTTON, EXECUTIVE DIRECTION, ALASKA JUDICIAL                           
COUNCIL, JUNEAU, spoke in opposition to the legislation.                       
He stated that the Council is a small, independent agency,                     
which was created by the Constitution in the Judicial                          
Branch of Government and is separate from the Court System.                    
The Council has constitutional and statutory duties in                         
different areas such as the screening of applicants and the                    
evaluation of justices on the ballot.                                          
                                                                               
Mr. Cotton emphasized that Alaska provides a more thorough                     
evaluation of judges than any other state in the world.                        
Alaska provides more information to the voters than                            
anywhere else in the world.  Before a judge appears on the                     
ballot, the Judicial Council will thoroughly survey anyone                     
who have served with that person on a personal or business                     
relationship, checking all the feedback and credit                             
information.  Additionally, there is a statewide public                        
hearing, teleconferenced, for public input.  The majority                      
of that information is available to the public.                                
                                                                               
Mr. Cotton emphasized that the current process does not pit                    
the attorney members of the Council against the non-                           
attorney members.  In the screening process, the Council                       
provides a thorough background check, providing the public                     
with honest information regarding the candidates.  Mr.                         
Cotton warned that the background of a person does not                         
necessarily determine what kind of judge they will become.                     
The current system is very good and balances the need for                      
judicial fairness and public accountability.  Mr. Cotton                       
stressed that Alaska's system is recognized and respected                      
nationally.  Mr. Cotton urged Committee members to                             
reconsider passage of the resolution.                                          
                                                                               
Co-Chair Therriault inquired the percentage of appointments                    
which come from within and outside the judiciary.  Mr.                         
Cotton replied that he did not have any statistics                             
available, although, guessed that between 10 - 20% court                       
judges move to the Superior Court.                                             
                                                                               
(Tape Change HFC 98- 137, Side 2).                                             
                                                                               
STEPHANIE COLE, ADMINISTRATIVE DIRECTOR, ALASKA COURT                          
SYSTEM, ANCHORAGE, addressed the concerns within the Court                     
System with the proposed legislation.                                          
                                                                               
1. Erosion of judicial independence and politicization of                      
the process.  She stated that the fundamental                                  
principle in our system of government is that judges                           
are impartial.  Ms. Cole pointed out that each person                          
who brings a case before an Alaska Court should feel                           
that the judge hearing the case is unbiased, fair and                          
that the judge will apply the law to the particular                            
facts of that case.                                                            
                                                                               
Ms. Cole warned that with a legislative confirmation                           
process, there is a real danger that judges will be                            
perceived as favoring the party or groups which championed                     
them through the process, a danger in which judges will be                     
perceived as having a prejudged issue based upon the                           
questioning occurring during the confirmation process which                    
would especially be a problem in highly controversial                          
cases.  Ms. Cole pointed out that in the federal system,                       
which is not a merit-based system, there have been                             
confirmation hearings which have appeared to become very                       
political.  The Court System believes that our current                         
system is preferable.                                                          
                                                                               
2. HJR 47 creates the potential for significant                                
additional delay in judicial appointments, which may                           
have an undesired effect on the applicant pool and                             
would create serious workload issues for the Court.                            
                                                                               
Ms. Cole pointed out that at this time it takes on the                         
average six months for all steps in judicial selection to                      
be completed.  Judicial absences equate to a loss of                           
judicial resources, which then equates to case delay.                          
Court operations are seriously impacted by gaps especially                     
on the appellate level.                                                        
                                                                               
3. HJR 47 would downgrade the merit selection process                          
results.  She referenced previous testimony from Mr.                           
Cotton explaining that the trend is to move towards a                          
merit selection for judges, not away from it.  In the                          
Alaska system, there is a very rigorous scrutiny of                            
applicants in which only the most qualified emerge                             
from the process and are sent to the Governor for                              
selection.  The proposed system could result in                                
working down the list to lesser-qualified candidates.                          
                                                                               
Ms. Cole reiterated that the Alaska Court System strongly                      
opposes the proposed legislation.                                              
                                                                               
Co-Chair Therriault asked how many people on the average                       
submit their name for consideration in the process.  Ms.                       
Cole replied there is a large variation depending on the                       
length of time since the last selection, the level of court                    
and the location.                                                              
                                                                               
VICTOR FISHER, SELF, FORMER MEMBER OF THE ALASKA                               
CONSTITUTIONAL CONVENTION, ANCHORAGE, spoke in opposition                      
to the legislation.  He stated that the resolution would                       
not bring public involvement into the process, but would                       
instead politicize the judicial appointment process.                           
                                                                               
The Constitutional Convention worked vigorously at                             
establishing a fair balance between the branches of State                      
government.  Mr. Fisher pointed out that HJR 47 is poorly                      
drafted and that the language is out of context with the                       
rest of the Constitution.  He recommended that the proposal                    
should be laid aside.                                                          
                                                                               
Co-Chair Therriault asked if Mr. Fisher was speaking to                        
only the confirmation of the judges.  Mr. Fisher replied                       
that he was speaking to the confirmation aspects,                              
indicating that the Judicial Council portion of the                            
legislation was the only part properly drafted.  Mr. Fisher                    
concluded that our system is not broken.                                       
                                                                               
LISA KIRSCH, APPOINTEE BY THE GOVERNORS BOARD, ALASKA BAR                      
ASSOCIATION, JUNEAU, stated that the Alaska Bar Association                    
is a mandatory association with 2200 members that are                          
active attorneys.  A 12-member board, three of which are                       
lay members, governs the bar.  The Alaska Bar Association                      
has been vested with the constitutional responsibility to                      
appoint three of the seven members of the Council.  The                        
Council is then responsible for evaluating candidates for                      
judicial appointment.  The Alaska Bar Association is                           
concerned with a number of different aspects contained in                      
HJR 47.                                                                        
                                                                               
1. The addition of the confirmation process in the                             
Legislature will politicize the process.  The primary                          
issue is that the partisan political process is                                
inappropriate in making the determinations required by                         
a court of law.  The seats are not contested along the                         
lines of partisan politics.  The concern is that the                           
legislation will turn the contest focus from                                   
performance attributes of the candidates to the                                
ability of the candidate to lobby for support.                                 
                                                                               
2. The Alaska Bar Association's concern is also for the                        
proposed process for appellate judicial appointments.                          
There is concern that this will result in a smaller                            
pool of applicants and applicants drawn only from                              
those willing or able to weather out a long and                                
continuos process.                                                             
                                                                               
Ms. Kirsch advised that our current non-partisan system is                     
what makes this judicial system such a good one.  The                          
polling process is a complicated system and is much more                       
thorough than the public checking a yes or no box in                           
support or opposition of candidates.                                           
                                                                               
In summation, Ms. Kirsch advised that the Alaska Bar                           
Association can not comprehend any difficulties that will                      
be resolved with passage of the legislation.  She suggested                    
that if it isn't broken, don't fix it.  Ms. Kirsch pointed                     
out that the judiciary's current non-partisan selection                        
process is responsible for Alaska's high quality judiciary                     
which should be retained.                                                      
                                                                               
Co-Chair Therriault asked if the Council had experienced                       
any difficulties with appointments which have been                             
confirmed.  Ms. Kirsch suggested that often the attorneys                      
who seek out the positions are the ones who have had major                     
cases, are already in the public eye, and have been subject                    
to scrutiny.  For specifics, she referred to Mr. Cotton.                       
                                                                               
Co-Chair Therriault asked Representative Cowdery how the                       
cases in which the Legislature choose not to confirm a name                    
submitted to the Governor would be addressed.                                  
Representative Cowdery replied that if the proposed                            
legislation was in place,  the concern would be alleviated.                    
                                                                               
MARCO PIGNALBERI, STAFF, REPRESENTATIVE JOHN COWDERY,                          
stated that during Governor Hickel's Administration, he                        
choose not to forward the names to the Legislature, and                        
consequently, the Council provided additional names.  Mr.                      
Pignalberi stated that it is the governor's job to make the                    
names available to the Legislature.  He stressed that this                     
legislation would require everyone to do their job.                            
                                                                               
Co-Chair Therriault questioned the timing concern with                         
filling vacated positions.  Mr. Pignalberi advised that the                    
court administrator has the ability to require judges to                       
receive a year notice before retirement.  He pointed out                       
that the legislation only speaks to eight judicial                             
positions.  Representative J. Davies advised that those are                    
the most preeminent positions in the entire Court System.                      
If those positions became politicized, it would largely                        
impact the entire system.  Representative Cowdery replied                      
that the current system is already politicized.                                
Representative Grussendorf warned of the dangers that will                     
result from the proposed legislation.                                          
                                                                               
Representative Kohring concurred with previous remarks made                    
by Representative Kelly and voiced support for the proposed                    
legislation.  He pointed out his frustration that the                          
judicial process has been ignoring the laws which the                          
Legislature has been making.                                                   
                                                                               
Representative J. Davies asked what benefit Representative                     
Cowdery believed would occur by placing judges through                         
these tests.  Representative Cowdery replied that it is the                    
right of the public to know the belief system and politics                     
of the court judges.  Representative J. Davies asked if it                     
was important that judges apply their own views on                             
decisions that they make in the Court of Law.                                  
Representative Cowdery replied that it is important for the                    
voters to know who these people are.                                           
                                                                               
Representative J. Davies emphasized that what is really                        
important is that a judge be able to set aside their own                       
view and make decisions fairly within the limits of the                        
law.  Representative Cowdery stated that elected officials                     
are elected for their viewpoints.  Representative J. Davies                    
reiterated that the standard is that the judge's view                          
should not be important.  Representative Kelly noted that                      
it has become important because the judiciary has changed.                     
They are no longer interpreters of the law, but instead,                       
they are in many cases, makers of the law.                                     
                                                                               
(Tape Change HFC 98- 138, Side 1).                                             
                                                                               
Representative Grussendorf MOVED to adopt Amendment #1.                        
[Copy on File].  He explained that the amendment would                         
specify that only the members of the Judicial Council come                     
before legislative scrutiny.  Representative Kohring                           
OBJECTED.                                                                      
                                                                               
Following discussion of the impact of the amendment, a roll                    
call vote was taken on the motion.                                             
                                                                               
IN FAVOR: Grussendorf, Kelly, Martin, Moses, J.                                
Davies, Therriualt, Hanley                                                     
OPPOSED:  Kohring, Mulder, G. Davis                                            
                                                                               
Representative Foster was not present for the vote.                            
                                                                               
The MOTION PASSED (7-3).                                                       
                                                                               
Representative Mulder MOVED to report CS HJR 47 (FIN) out                      
of Committee with individual recommendations and with the                      
accompanying fiscal note.  There being NO OBJECTION, it was                    
so ordered.                                                                    
                                                                               
CS HJR 47 (FIN) was reported out of Committee with "no                         
recommendation" and with a fiscal note by the Office of the                    
Lt. Governor dated 3/11/98.                                                    
ADJOURNMENT                                                                    
                                                                               
The meeting adjourned at 5:15 P.M.                                             
H.F.C. 14 4/30/98 p.m. .                                                       

Document Name Date/Time Subjects