Legislature(2003 - 2004)

02/24/2003 01:05 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                       February 24, 2003                                                                                        
                           1:05 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Lesil McGuire, Chair                                                                                            
 Representative Tom Anderson, Vice Chair                                                                                        
 Representative Jim Holm                                                                                                        
 Representative John Coghill                                                                                                    
 Representative Ralph Samuels                                                                                                   
 Representative Les Gara                                                                                                        
 Representative Max Gruenberg                                                                                                   
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Ralph Seekins, Chair                                                                                                   
 Senator Scott Ogan, Vice Chair                                                                                                 
 Senator Gene Therriault                                                                                                        
 Senator Johnny Ellis                                                                                                           
 Senator Hollis French                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 All members present                                                                                                            
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 All members present                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Select Committee on Legislative Ethics                                                                                        
                                                                                                                                
     Dennis E. "Skip" Cook - Fairbanks                                                                                          
     Herman G. Walker, Jr. - Anchorage                                                                                          
     Shirley A. McCoy - Juneau                                                                                                  
                                                                                                                                
     - CONFIRMATIONS HEARD AND HELD [Confirmations of Mr. Cook                                                                  
       and Mr. Walker addressed again on 3/5/03]                                                                                
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TED POPELY, Majority Counsel                                                                                                    
Majority Legal Office                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Provided  comments during  the confirmation                                                               
hearings regarding the "Ron Irwin case."                                                                                        
                                                                                                                                
DENNIS E. "SKIP" COOK, Appointee                                                                                                
Select Committee on Legislative Ethics                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                               
Committee  on  Legislative  Ethics, and  responded  to  questions                                                               
regarding the "Ron Irwin case."                                                                                                 
                                                                                                                                
HERMAN G. WALKER, JR., Appointee                                                                                                
Select Committee on Legislative Ethics                                                                                          
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                               
Committee  on  Legislative  Ethics, and  responded  to  questions                                                               
regarding the "Ron Irwin case."                                                                                                 
                                                                                                                                
SHIRLEY A. McCOY, Appointee                                                                                                     
Select Committee on Legislative Ethics                                                                                          
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                               
Committee  on  Legislative  Ethics, and  responded  to  questions                                                               
regarding the "Ron Irwin case."                                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-12, SIDE A [House JUD tape]                                                                                         
Number 0001                                                                                                                     
                                                                                                                                
CHAIR LESIL  McGUIRE called  the joint meeting  of the  House and                                                             
Senate  Judiciary  Standing  Committees  to order  at  1:05  p.m.                                                               
Present at  the call to  order from the House  Judiciary Standing                                                               
Committee  were  Representatives  McGuire,  Anderson,  Holm,  and                                                               
Samuels; Representatives Coghill, Gara,  and Gruenberg arrived as                                                               
the meeting was  in progress.  Present at the  call to order from                                                               
the Senate  Judiciary Standing  Committee were  Senators Seekins,                                                               
Therriault,  Ellis,  and  French;  Senator Ogan  arrived  as  the                                                               
meeting was  in progress.   Chair McGuire  then turned  the gavel                                                               
over to Chair Seekins.                                                                                                          
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                         
                                                                                                                                
Select Committee on Legislative Ethics                                                                                        
                                                                                                                                
Number 0092                                                                                                                     
                                                                                                                                
CHAIR SEEKINS said:                                                                                                             
                                                                                                                                
     The purpose of our  meeting today is joint confirmation                                                                    
     hearings ...  and ... we  have several people  on line,                                                                    
     and so  I know  that Herman  Walker is  going to  be on                                                                    
     line, but  ... is not yet  with us.  So  I thought we'd                                                                    
     start out  by just giving him  some time.  And  I think                                                                    
     Ted Popely,  majority counsel --  are you on  line with                                                                    
     us, right now, Ted?                                                                                                        
                                                                                                                                
Number 0100                                                                                                                     
                                                                                                                                
TED  POPELY,  Majority  Counsel, Majority  Legal  Office,  Alaska                                                               
State Legislature, indicated that he was on line.                                                                               
                                                                                                                                
CHAIR SEEKINS  said, "Ted,  ... if  you would  introduce yourself                                                               
and provide  what testimony  you have for  us this  morning, we'd                                                               
appreciate it.                                                                                                                  
                                                                                                                                
MR. POPELY said:                                                                                                                
                                                                                                                                
     Mr.  Chairman,  my  name's  Ted  Popely;  I'm  majority                                                                    
     counsel  for the  House and  the Senate.   I  guess I'm                                                                    
     here  primarily  to answer  any  questions  that I  can                                                                    
     about my recent interaction  with the [Select Committee                                                                    
     on Legislative  Ethics] more than  I am to testify.   I                                                                    
     was asked to  be available for questions in  that I was                                                                    
     party  to  the  ... [Select  Committee  on  Legislative                                                                    
     Ethics's]  recent  deliberations   regarding  the  "Ron                                                                    
     Irwin case."   He  was the  Senate press  secretary who                                                                    
     was recently  convicted of an ethics  violation after a                                                                    
     full public  hearing up here  in Anchorage.  And  I was                                                                    
     originally asked  by the majority  to represent  Ron as                                                                    
     counsel  in his  hearing.   I did  so for  a period  of                                                                    
     time, and then,  for a variety of  reasons, withdrew my                                                                    
     representation  of him,  and  participated  just as  an                                                                    
     observer in his public hearing.                                                                                            
                                                                                                                                
     I think  it was a  two-day hearing, after which  he was                                                                    
     convicted,  found probable  cause -  I'm not  sure what                                                                    
     ...   terminology   ...   the  [Select   Committee   on                                                                    
     Legislative Ethics]  uses -  but he  was found  to have                                                                    
     violated  the statutes  on  certain ethical  procedures                                                                    
     relating  to  his  job,  and   had  an  opportunity  to                                                                    
     participate  in the  process  to  some limited  extent.                                                                    
     And  I  understand that  the  several  members of  that                                                                    
     committee  are up  for confirmation,  and there  may be                                                                    
     some areas  that come up  that if  I can assist  in any                                                                    
     way  [by]  relaying  some  of  my  observations  as  an                                                                    
     attorney who assisted  in the process, I'd  be happy to                                                                    
     do that.                                                                                                                   
                                                                                                                                
CHAIR  SEEKINS said,  "Okay; well,  ... we'll  hold you  on line,                                                               
then,  through the  procedures."   He indicated  that they  would                                                               
next  hear from  Dennis E.  "Skip" Cook,  but noted  that because                                                               
Herman G. Walker, Jr., has  a time constraint, the committees may                                                               
interrupt Mr.  Cook for  the purpose of  hearing from  Mr. Walker                                                               
when he becomes available via  teleconference.  He then asked Mr.                                                               
Cook to  tell the  committees why he  is "considering  doing this                                                               
job again."                                                                                                                     
                                                                                                                                
Number 0341                                                                                                                     
                                                                                                                                
DENNIS   E.  "SKIP"   COOK,   Appointee,   Select  Committee   on                                                               
Legislative Ethics, said:                                                                                                       
                                                                                                                                
     I've  been   a  member  of  the   Select  Committee  on                                                                    
     Legislative  Ethics since  1998.   So  I've served  two                                                                    
     terms and was  asked to serve again, and  am willing to                                                                    
     because I enjoy  the work and the  challenge of serving                                                                    
     on the  [Select Committee on Legislative  Ethics].  The                                                                    
     [committees],  I think,  [have] our  biographical data.                                                                    
     I  ... could  review that  briefly if  the [committees]                                                                    
     wanted to, or you could simply ask ...                                                                                     
                                                                                                                                
CHAIR SEEKINS  interjected to ask  whether any members  wished to                                                               
have  that  [biographical  information]  reviewed.    Hearing  no                                                               
response,  he suggested  that Mr.  Cook could  skip through  that                                                               
[information].                                                                                                                  
                                                                                                                                
MR. COOK continued, then, with his testimony:                                                                                   
                                                                                                                                
     I'm  from   Fairbanks;  I  was   born  and   raised  in                                                                    
     Fairbanks, and have lived there  except for a few years                                                                    
     when I lived  here in Juneau, and being  out to school.                                                                    
     I come from  a large family in Fairbanks, and  I have a                                                                    
     large  family,  myself;  I  have   7  children  and  18                                                                    
     grandchildren.   I  attended  school at  [Massachusetts                                                                    
     Institute of Technology (MIT)] and  then got a master's                                                                    
     [degree] at  Northwestern [University] and went  to law                                                                    
     school  at  Willamette  [University].   And  I've  been                                                                    
     practicing  with the  same firm  since  I graduated  in                                                                    
     1970.   Although the  firm has  changed, it's  been the                                                                    
     same;  it's now  called  Cook  Schuhmann &  Groseclose,                                                                    
     Inc., and  it was called  a lot of things  before that,                                                                    
     but we have a firm with 10 attorneys in Fairbanks.                                                                         
                                                                                                                                
     I've  been  involved in  a  lot  of activities  in  the                                                                    
     community  over the  years:   very  active  in the  Boy                                                                    
     Scouts  [of  America];  and in  my  church;  and  other                                                                    
     community endeavors  - Rotary  Club [of  Fairbanks] and                                                                    
     so  on.     The  work  of  the   [Select  Committee  on                                                                    
     Legislative  Ethics],  I  think, is  important.    It's                                                                    
     established by  the legislature, in  a sense to  keep a                                                                    
     check on the  legislature itself. ... There's  a lot of                                                                    
     detailed   questions   to   be   reviewed,   and   it's                                                                    
     challenging work,  but I've enjoyed  it and  am willing                                                                    
     to continue  if I'm  confirmed again.   I came  down in                                                                    
     person  this  time because  there  has  been a  bit  of                                                                    
     controversy   lately  about   some  things   that  have                                                                    
     happened  on  the   [Select  Committee  on  Legislative                                                                    
     Ethics], and I wanted to  be here to answer, in person,                                                                    
     if there  are any  questions that surrounded  what some                                                                    
     of the members here have heard and some have not.                                                                          
                                                                                                                                
Number 0512                                                                                                                     
                                                                                                                                
CHAIR McGUIRE said:                                                                                                             
                                                                                                                                
     Thank you, Mr. Cook, for  coming here today in person -                                                                    
     I appreciate that.   I'd like to  preface the questions                                                                    
     that  I  intend to  ask  you  today  by saying  that  I                                                                    
     appreciate your  hard work  - that  you've done  on the                                                                    
     [Select  Committee  on  Legislative  Ethics]  -  and  I                                                                    
     appreciate  the hard  work of  the others  that are  up                                                                    
     here  today   for  confirmation.     I  think   it's  a                                                                    
     tremendous sacrifice on  the part of a person  who is a                                                                    
     member  of   the  public,  to   give  up   their  other                                                                    
     livelihood  to serve  on the  ... [Select  Committee on                                                                    
     Legislative  Ethics],   so  I'd  like  to   preface  my                                                                    
     comments by saying that.                                                                                                   
                                                                                                                                
     My concerns  center mainly  around the  process itself.                                                                    
     I believe the  legislature ought to be  held to highest                                                                    
     ethical standards, and its staff  as well.  So, for me,                                                                    
     it's not a partisan issue at  all, and it makes it more                                                                    
     delicate to  bring up  the questions  I do,  because it                                                                    
     happened  to be  my [political]  party involved  in Mr.                                                                    
     Irwin's  ethical proceedings.   So  I want  to be  very                                                                    
     careful to make  sure that the record is  clear, that I                                                                    
     don't have  any reservation regarding the  verdict that                                                                    
     came  out or  any complaints  about partisan  politics.                                                                    
     My complaints go directly to the process itself.                                                                           
                                                                                                                                
     So, with that, Mr. Cook, I'd  like to ask you ..., [as]                                                                    
     someone who has  a law degree who's  looked through the                                                                    
     process, looked  through the minutes,  what you  see as                                                                    
     any flaws  in the proceedings  themselves - and  what I                                                                    
     mean  is  from complaint  filed,  all  the way  through                                                                    
     selection  of hearings  officer,  all  the way  through                                                                    
     proceedings, and  then ultimate results -  if there are                                                                    
     any  flaws that  you see  in the  process that  we have                                                                    
     currently in statute.                                                                                                      
                                                                                                                                
Number 0623                                                                                                                     
                                                                                                                                
MR. COOK responded:                                                                                                             
                                                                                                                                
     I  don't  see  a  flaw, necessarily,  as  long  as  the                                                                    
     procedures are  followed well.   I know there's  been a                                                                    
     real challenge to the idea  that counsel to the [Select                                                                    
     Committee on  Legislative Ethics]  itself, who  we look                                                                    
     to  for advice  throughout the  year in  general terms,                                                                    
     could then  be counsel in  an actual hearing.   And ...                                                                    
     that procedure  has been questioned in  the past, clear                                                                    
     back in the  "Jacko proceedings" ... a  number of years                                                                    
     ago.   And it was held  that that was alright  ... - to                                                                    
     use the same attorney -  as long as that attorney, once                                                                    
     we  went into  a specific  hearing, was  no longer  the                                                                    
     advisor  to   the  [Select  Committee   on  Legislative                                                                    
     Ethics]  but  simply  acted as  the  presenter  of  the                                                                    
     evidence  ..., and  then  [that] he  did  not have  any                                                                    
     participation, whatsoever, in  the deliberation process                                                                    
     of the  committee from  that point on.   He  was simply                                                                    
     like an attorney in court,  presenting evidence, but he                                                                    
     didn't have any part in the deliberations.                                                                                 
                                                                                                                                
     We  follow  that rather  carefully  and,  in this  past                                                                    
     "Irwin hearing,"  that was followed.   I  believe there                                                                    
     was  a  statement,  in   the  previous  hearing  before                                                                    
     [Legislative  Affairs Agency  ("LAA")] down  here, that                                                                    
     said that - or that assumed  that - he had been with us                                                                    
     when we were  deliberating.  And that's  simply not the                                                                    
     case;   there  was   no   part,   whatsoever,  in   the                                                                    
     deliberation process.   Now, if -- and  there are other                                                                    
     areas in the state, I  believe, where that processes is                                                                    
     used,   where   there's   that   same   separation   of                                                                    
     responsibilities  of an  attorney  to  step aside  from                                                                    
     being a  part of the  advisory process and  just simply                                                                    
     being  a presenter  of evidence.   And  we've tried  to                                                                    
     follow that  ... division very  carefully in  this past                                                                    
     hearing.  So  I don't see that as a  problem as long as                                                                    
     that division of responsibility is followed.                                                                               
                                                                                                                                
     Now,  there was  another  kind of  a  challenge to  the                                                                    
     [Select Committee on Legislative  Ethics's] work in ...                                                                    
     the  Irwin  case.    What   we  considered  to  be  the                                                                    
     violation  was actually  corrected by  advice from  the                                                                    
     [Select  Committee on  Legislative Ethics]  before [the                                                                    
     complaint]  ever happened.    And,  yet, the  technical                                                                    
     violation of  the statute had already  happened, and we                                                                    
     got a complaint  after the correction was  made and the                                                                    
     meeting was not held on state  premises.  Then we got a                                                                    
     complaint  that it  should  have  never been  scheduled                                                                    
     there, and so on, and  that resources should never have                                                                    
     been used.                                                                                                                 
                                                                                                                                
Number 0787                                                                                                                     
                                                                                                                                
MR. COOK continued:                                                                                                             
                                                                                                                                
     We  don't  have  a  choice   about  dealing  with  that                                                                    
     complaint.   We don't have  the luxury of  just saying,                                                                    
     "Sorry, ...  that event didn't  happen there,  so there                                                                    
     was no violation."   We had to go  through the process,                                                                    
     and we did.   We said ..., "It was  corrected - there's                                                                    
     no sanctions  necessary; end of  story."  On  the other                                                                    
     hand, the  subject of the  complaint wished to  take it                                                                    
     to  formal hearing,  in spite  of the  fact that  there                                                                    
     were no  sanctions, and then  we had to go  through the                                                                    
     formal hearing process.  So,  the degree -- I mean that                                                                    
     could be considered  a flaw, you know,  that the degree                                                                    
     of the  violation might set  into motion a  rather long                                                                    
     and involved process, a rather careful process.                                                                            
                                                                                                                                
     We went through the same  process in the sense that was                                                                    
     gone through in the Jacko  hearing, except it wasn't as                                                                    
     long a  hearing by any means.   But we still  had to go                                                                    
     through  a  public hearing  process  because  we had  a                                                                    
     complaint and  the person  who was  the subject  of the                                                                    
     complaint  insisted that  it go  to  a public  hearing.                                                                    
     But ... that  can be a protection for the  accused - or                                                                    
     ... the subject  of the complaint - as well  as for the                                                                    
     committee.                                                                                                                 
                                                                                                                                
CHAIR McGUIRE asked, "Are you aware of any point in time where                                                                  
your counsel to the [Select Committee on Legislative Ethics,                                                                    
Brent Cole,] signed pleadings for the complainant?"                                                                             
                                                                                                                                
MR. COOK queried, "Signed pleadings for the complainant?"                                                                       
                                                                                                                                
CHAIR McGUIRE said, "It's brought to my attention, and I just                                                                   
wanted to find out ..."                                                                                                         
                                                                                                                                
MR. COOK replied:                                                                                                               
                                                                                                                                
     I'm  not  aware  that  he   signed  pleadings  for  the                                                                    
     complainant; I'd  have to see what  specific document's                                                                    
     being referred  to, but  I'm not aware.   There  was --                                                                    
     oh, I'm  sorry, wait a minute,  I may be aware  of what                                                                    
     you're talking  about.  There  was a pleading  that was                                                                    
     filed, and  this was clarified  at the  public hearing,                                                                    
     where it  did say  something about he  said that  -- it                                                                    
     had   that   phrase   in  there,   "counsel   for   the                                                                    
     complainant."   And it  was apparently  inadvertent; he                                                                    
     apologized for  that at  the hearing  and made  it very                                                                    
     clear that he'd never represented the complainant.                                                                         
                                                                                                                                
Number 0925                                                                                                                     
                                                                                                                                
CHAIR McGUIRE said:                                                                                                             
                                                                                                                                
     And I guess  my concern - thank you  for answering that                                                                    
     - and I  guess my concern, you being a  lawyer, it just                                                                    
     seems to  me like at that  point in time, I  don't know                                                                    
     how  you go  back from  that, I  guess is  my question.                                                                    
     And I  wonder if you had  any solutions or if  you felt                                                                    
     like,  as   chairman  of   the  [Select   Committee  on                                                                    
     Legislative Ethics] itself --  there are several places                                                                    
     along the process where I  felt like it fell apart, and                                                                    
     I'm wondering whether  you felt like you  had the tools                                                                    
     to handle it.   This is one of the  places where I feel                                                                    
     like it fell apart:   ... Mr. Cole holding himself out,                                                                    
     at least on paper, as counsel to the complainant.                                                                          
                                                                                                                                
MR. COOK replied:                                                                                                               
                                                                                                                                
     Well,  I think  everybody on  the [Select  Committee on                                                                    
     Legislative   Ethics]   ...  and   everybody   actually                                                                    
     involved  with the  whole  process  understood that  he                                                                    
     was,  by no  means,  counsel for  the complainant.  ...                                                                    
     That was clearly, as far  as I'm concerned, inadvertent                                                                    
     error  in his  office.    But I  don't  think that  the                                                                    
     complainant ever  thought that  she was  represented by                                                                    
     him;  ... he  certainly  didn't,  the committee  didn't                                                                    
     think that, and  I don't think that the  subject of the                                                                    
     complaint   ever   thought    that   [Mr.   Cole]   was                                                                    
     representing the complainant.                                                                                              
                                                                                                                                
     In fact,  the [Select Committee on  Legislative Ethics]                                                                    
     ...  came  down  very,  very hard  on  the  complainant                                                                    
     because   the  complainant   had   signed  her   ethics                                                                    
     complaint on television, on a  complaint form that said                                                                    
     confidential.  And so our  initial decision in the case                                                                    
     was probably harder  on the complainant than  it was on                                                                    
     the  subject of  the complaint  almost.   We were  very                                                                    
     unhappy.                                                                                                                   
                                                                                                                                
Number 1015                                                                                                                     
                                                                                                                                
CHAIR McGUIRE noted that the committee is in the process of                                                                     
drafting a bill that will look at a new method of approaching                                                                   
ethics [violation] hearings.  She elaborated:                                                                                   
                                                                                                                                
     It's my belief that  they're quasi-criminal and rise to                                                                    
     a higher level ... of  standards and due process, then,                                                                    
     than  the other  administrative hearings  that are  out                                                                    
     there.   And, so, as  I work  through that bill  and my                                                                    
     committee works  through that bill, we'd  be interested                                                                    
     in  any  more  suggestions  that  you  have  about  the                                                                    
     process.   But just  one final  [concern] that  I have,                                                                    
     while   you're   here,   is    with   regard   to   the                                                                    
     confidentiality. ... One  of the things ...  we want to                                                                    
     be  very  careful  about   in  these  ethics  committee                                                                    
     hearings, in my  opinion, is that they are  not used as                                                                    
     political arenas.                                                                                                          
                                                                                                                                
     I think  that's very  important because of  the impact,                                                                    
     not just in the short term  but in the long term, for a                                                                    
     person who is convicted of  an ethical violation.  As I                                                                    
     said  at  the   outset,  I  think  your   job  is  very                                                                    
     important; we  have to be  held to the  highest ethical                                                                    
     standards, but we want to  make sure that someone isn't                                                                    
     allowed  to simply  [make an  allegation] and  bring us                                                                    
     into an arena and mar our record.                                                                                          
                                                                                                                                
     My concern  is, at the  moment at which,  that evening,                                                                    
     ... the  complainant went on  Channel 2 News,  and then                                                                  
     to National Public Radio, and  it was made clear to the                                                                    
     [Select  Committee on  Legislative  Ethics].   Did  you                                                                    
     feel  that you  had any  power, as  a chairman  of that                                                                    
     committee,  to take  action?   In some  courts of  law,                                                                    
     it's a  mistrial, or other  types of  punitive measures                                                                    
     take place  [when] the complainant has  compromised the                                                                    
     integrity of  the committee  process and  the integrity                                                                    
     of  the complaint.   And  I just  wondered whether  you                                                                    
     felt  like you  had  any power  or  discretion at  your                                                                    
     hands.                                                                                                                     
                                                                                                                                
Number 1126                                                                                                                     
                                                                                                                                
MR. COOK said:                                                                                                                  
                                                                                                                                
     No, we  felt like  we didn't,  to do  more than  we did                                                                    
     with  regard  to  the  complainant.     We  don't  have                                                                    
     jurisdiction  over  the complainant.    She  was not  a                                                                    
     legislator or a legislative  employee.  She didn't fall                                                                    
     under the jurisdiction  of the Act, with  regard to us.                                                                    
     All we  could do, with  regard to her directly,  was to                                                                    
     put ...  [a] statement in  our decision that  said this                                                                    
     was highly  improper to ... breach  the confidentiality                                                                    
     by signing [the complaint form] on television.                                                                             
                                                                                                                                
     On the other  hand, our procedures and  the charge that                                                                    
     we've been  given by  the legislature  says that  if we                                                                    
     have  a complaint  that, if  valid on  its face,  would                                                                    
     constitute a  violation, then we  have to act  on that.                                                                    
     Some  people had  said, "Well,  gee,  since she  signed                                                                    
     that  in   public,  why  didn't  you   just  throw  the                                                                    
     complaint out?"   We don't have the luxury  to do that.                                                                    
     If we have  a complaint before us that,  if true, would                                                                    
     constitute a  violation, then we  have to deal  with it                                                                    
        as a committee.  And so we had to go through the                                                                        
     process on the complaint.                                                                                                  
                                                                                                                                
CHAIR  McGUIRE  asked Mr.  Cook  whether  there is  anything  the                                                               
legislature  could  do,  via legislation,  that  would  help  the                                                               
[Select Committee on Legislative  Ethics] deal with a compromised                                                               
complaint such as in the aforementioned situation.                                                                              
                                                                                                                                
MR. COOK  indicated that  only by  extending the  jurisdiction of                                                               
the [Select  Committee on  Legislative Ethics's]  authority would                                                               
it  be  able  to  deal  with  a  complainant  who  is  neither  a                                                               
legislator nor a legislative employee.                                                                                          
                                                                                                                                
CHAIR McGUIRE used the  analogy of search-and-seizure procedures:                                                               
if evidence is  obtained in violation of those  procedures, it is                                                               
not  allowed to  be used.   With  regard to  the ethics-complaint                                                               
process, even if a complaint  is true, compromising the integrity                                                               
of  the  process  ought  to render  the  complaint  invalid,  she                                                               
opined.                                                                                                                         
                                                                                                                                
MR.  COOK said  the  legislature  has to  choose  whether to  let                                                               
ethics violators go unpunished in  instances when the complainant                                                               
violates the process.   Currently, that is not an  option for the                                                               
[Select Committee on  Legislative Ethics].  He  commented that it                                                               
would  be  helpful if  the  legislature  could provide  a  better                                                               
definition for  some of the  terms used in the  statute governing                                                               
the  [Select  Committee  on  Legislative  Ethics],  for  example,                                                               
"partisan political activity."                                                                                                  
                                                                                                                                
CHAIR SEEKINS  noted that Mr. Walker  was on line, and  asked Mr.                                                               
Cook to stand by.   He asked Mr. Walker to  tell the committees a                                                               
little bit about  his background and why he is  willing to accept                                                               
an appointment to the [Select Committee on Legislative Ethics].                                                                 
                                                                                                                                
Number 1353                                                                                                                     
                                                                                                                                
HERMAN   G.  WALKER,   JR.,   Appointee,   Select  Committee   on                                                               
Legislative  Ethics,  informed  the   committee  that  he  is  an                                                               
attorney, had  moved to Alaska  in 1992/1993, has worked  for the                                                               
Office  of Public  Advocacy and  various  law firms,  and owns  a                                                               
retail business  selling bath  and body products.   He  said that                                                               
his interest in  serving on the committee stems from  a desire to                                                               
serve the state of Alaska.                                                                                                      
                                                                                                                                
SENATOR FRENCH remarked  that he and Mr. Walker  have appeared in                                                               
court together  when Mr. Walker  was a public defender.   Senator                                                               
French complimented  Mr. Walker  on his  work at  that time:   "I                                                               
thought that  you were always  well prepared, that you  were fair                                                               
to both  sides, and,  unlike some  folks on  the other  side, you                                                               
never attacked  the government needlessly."   Senator French said                                                               
he supports Mr. Walker's appointment.                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG also  complimented Mr.  Walker for  the                                                               
work  he  did as  co-counsel  in  cases involving  Representative                                                               
Gruenberg's law firm.   "I know you have been  very fair and very                                                               
ethical, and I appreciate your willingness to serve," he added.                                                                 
                                                                                                                                
SENATOR THERRIAULT opined  that an earlier question  posed to Mr.                                                               
Cook  centered around  the fact  that  the way  the system  works                                                               
currently, the  person who  would be  acting in  the prosecutor's                                                               
role in  an ethics violation  is the  same person who  would have                                                               
advised the  [Select Committee on  Legislative Ethics] up  to the                                                               
start of  that proceeding.   He said  that there is  some concern                                                               
regarding whether that is appropriate.   Senator Therriault asked                                                               
Mr. Walker  to provide his  thoughts on whether  the prosecutor's                                                               
role should be completely separate.                                                                                             
                                                                                                                                
SENATOR THERRIAULT also asked Mr. Walker:                                                                                       
                                                                                                                                
     How you  would compare it  to, if  you were to  go into                                                                    
     court right  now defending a  client and you  knew that                                                                    
     the  person  that's  prosecuting the  case  works  very                                                                    
     closely with  the judge on  a daily basis,  and perhaps                                                                    
     they're  no  longer  conferring  or  they've  separated                                                                    
     themselves on  this particular case, but  you know that                                                                    
     there's   ...   years   of  interaction   between   the                                                                    
     prosecutor  and the  judge and  his or  her staff,  and                                                                    
     whether  it would  be your  suggestion  that we  should                                                                    
     take  some formalized  steps in  the  statutes to  make                                                                    
     more of a separation there.                                                                                                
                                                                                                                                
Number 1593                                                                                                                     
                                                                                                                                
MR. WALKER replied:                                                                                                             
                                                                                                                                
     It's  an interesting  question because,  coming from  a                                                                    
     criminal-defense  background,  you   always  have  some                                                                    
     concerns  about  ... the  nature  of  what you're  just                                                                    
     stating.  But  we work so closely  with the prosecutors                                                                    
     and the judges, and in  such a small community, there's                                                                    
     going to be some overlap.   Now, my concern, of course,                                                                    
     is the inherent  nature of the conflict,  which is just                                                                    
     as   you   stated,   that  you   have   someone   who's                                                                    
     investigating  the  case,  possibly bringing  the  case                                                                    
     forward,  and yet  they're also  working  hand in  hand                                                                    
     with the judge in a sense.                                                                                                 
                                                                                                                                
     ... I  was involved in  that process.   I was  on board                                                                    
     "pro tem"  throughout Mr. Irwin's hearings,  and I felt                                                                    
     that  we were  stuck [with]  no other  means to  do the                                                                    
     situation, based on  the resources and the  way the law                                                                    
     is written.   I believe if the legislature  is going to                                                                    
     look  at this,  within  the framework  that [you  have]                                                                    
     stated it, I  think we might, in fact, want  to look at                                                                    
     possibly  having  a   separate  individual,  which,  of                                                                    
     course, would also raise the  cost of these hearings on                                                                    
     one hand.   I think  that under the  circumstances that                                                                    
     we were faced  with, I think Mr. Cole  did an excellent                                                                    
     job in  separating the  two and doing  his job  as [he]                                                                    
     saw the need to.                                                                                                           
                                                                                                                                
     But  I think  this is  something the  legislature might                                                                    
     want  to   look  at,  because  there   is  an  inherent                                                                    
     conflict, on some level, because  he is involved in the                                                                    
     [prosecutorial]  process  and   then  involved  in  the                                                                    
     hearing  at the  same level.   I  don't have  any exact                                                                    
     suggestions at this  time, but I think  it is something                                                                    
     that  the legislature  might want  to look  at for  the                                                                    
     future.                                                                                                                    
                                                                                                                                
Number 1684                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT remarked:                                                                                                    
                                                                                                                                
     The other issue  that was brought up was the  lack of a                                                                    
     good,   solid   definition  for   "partisan   political                                                                    
     activity."   And  I'm just  wondering if  you have  any                                                                    
     recommendations or thoughts on  how that can be fleshed                                                                    
     out, because,  as Mr. Cook  indicated, ...  the [Select                                                                    
     Committee  on   Legislative  Ethics]  works   with  the                                                                    
     statutes  as  they  currently  read.    And  it's  been                                                                    
     suggested  that  that's  an  area  that  needs  further                                                                    
     definition.                                                                                                                
                                                                                                                                
MR. WALKER said:                                                                                                                
                                                                                                                                
     I would  agree with Mr. Cook  - we are stuck  with what                                                                    
     we're dealt  with.   As an attorney,  of course,  and I                                                                    
     would assume  as a  politician, where  you have  a two-                                                                    
     house system,  you're going  to get  interpretations on                                                                    
     all sides.  I'm going  to leave that defining moment up                                                                    
     to you  to decide, because,  at this time, I  would not                                                                    
     know how to  go about trying to clearly  define what is                                                                    
     "partisan political  activity."  I think  on some level                                                                    
     the framework  would need  to be  done within  what the                                                                    
     job is  - what the  nature of the job  is.  One  of the                                                                    
     questions that did come up  was ..., clearly, "What was                                                                    
     the role  of the lieutenant governor  as the lieutenant                                                                    
     governor   versus   her   role   as   a   gubernatorial                                                                    
     candidate?"                                                                                                                
                                                                                                                                
     You may  find some guidance  by looking down  that line                                                                    
     of  reasoning when  you try  to  define what  "partisan                                                                    
     political  activity" is.   Then  that  could be  overly                                                                    
     burdensome, on  the other hand,  because then  you have                                                                    
     to look at everyone's role  within the whole process of                                                                    
     the  legislature,   and  it  could  just   get  ...  --                                                                    
     (indisc.)  they could  out of  hand and  crazy.   So, I                                                                    
     think  we were  stuck  with  what we  had,  I think  it                                                                    
     (indisc.) clearly  needs to be  redefined, and  I don't                                                                    
     know where  to begin with  that process because  it's a                                                                    
     big question and you're going  to have opinions on both                                                                    
     sides.                                                                                                                     
                                                                                                                                
Number 1757                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT said:                                                                                                        
                                                                                                                                
     I'm  just trying  to remember  back  to when  a lot  of                                                                    
     these   statutes  were   hammered  out   here  in   the                                                                    
     legislature,  and it  seems to  me,  although I've  not                                                                    
     gone  back  and   reviewed  extensively  the  committee                                                                    
     records, that the "partisan  political activity" was to                                                                    
     refer to  ... running  campaign activities out  of your                                                                    
     office  or using  your staff  to  field campaign  phone                                                                    
     calls, and  to make it  clear that we were  supposed to                                                                    
     separate that kind of activity.                                                                                            
                                                                                                                                
     The  difficulty comes  in the  fact that  we live  in a                                                                    
     political system, and the  ... particular activity that                                                                    
     was in  place -- I  know that Senator  [John] Torgerson                                                                    
     tried to bring an  explanation to the [Select Committee                                                                    
     on Legislative Ethics] on just  ... what it was that we                                                                    
     do  on  a  daily  basis,  and  I'm  wondering  how  you                                                                    
     separate ...  the purely campaign-type activity  -- and                                                                    
     right now the  majority versus the minority  is the way                                                                    
     we spar on a sort of a daily basis.                                                                                        
                                                                                                                                
     That's the  way that the  system is  made up.   But the                                                                    
     majority is  comprised of  Republicans and  Democrats -                                                                    
     at  times, due  to  coalitions -  so  it doesn't  break                                                                    
     right along  a Republican and  Democratic line.   So, I                                                                    
     guess I'm  just wondering --  you can let me  know what                                                                    
     was on  your mind as far  where you were going  to draw                                                                    
     that line.                                                                                                                 
                                                                                                                                
MR. WALKER replied:                                                                                                             
                                                                                                                                
     Being  new  to  the [Select  Committee  on  Legislative                                                                    
     Ethics],  I  pretty much  took  my  calling from  other                                                                    
     members -  and being new to  the process. ... I  had my                                                                    
     own interpretations  of it.   A  couple of  things that                                                                    
     came  into my  mind, without  getting into  any of  our                                                                    
     exact   deliberations,  was   clearly  the   lieutenant                                                                    
     governor had  job duties  that she had  to meet.   This                                                                    
     was a  gubernatorial candidacy, and  one of  the issues                                                                    
     that  came  before us  was,  ...  was  it part  of  the                                                                    
     legislative response  to react  the way  they did  to a                                                                    
     gubernatorial  candidate's  speech.   In  other  words,                                                                    
     calling  out, using  the e-mail  to  establish a  press                                                                    
     conference to respond to a gubernatorial candidate.                                                                        
                                                                                                                                
Number 1877                                                                                                                     
                                                                                                                                
     And not  fully understanding  the process of  what this                                                                    
     legislature  [does], that  was one  of the  questions I                                                                    
     had in my mind:   was this an appropriate response some                                                                    
     of them  made under  the given  circumstances?   It was                                                                    
     not  a  response  to  [then-Lieutenant  Governor]  Fran                                                                    
     Ulmer's budget, it was a  response to [a] gubernatorial                                                                    
     candidate's  proposed budget  or proposed  fiscal plan.                                                                    
     So, for me,  ... I needed to understand  the process of                                                                    
     what  a natural  legislative  response would  be.   And                                                                    
     once  I --  during  some of  the  hearings ...  Senator                                                                    
     [Dave  Donley] and  different people  tried to  give me                                                                    
     the  necessary  information  for  that  process  to  be                                                                    
     understood.  And that's pretty  much where I came down.                                                                    
     I need  to understand the  process - I  need understand                                                                    
     what you did,  when you did it, and  was this something                                                                    
     that you  would normally do -  in order for me  to help                                                                    
     make my decision.                                                                                                          
                                                                                                                                
SENATOR THERRIAULT asked  Mr. Walker whether his  review of other                                                               
issues   that  have   come  before   the  [Select   Committee  on                                                               
Legislative Ethics] have  brought any other area  of the statutes                                                               
to his  attention as needing further  clarification or structural                                                               
change.                                                                                                                         
                                                                                                                                
MR. WALKER indicated  that currently, since he has not  yet had a                                                               
chance  to  thoroughly  review the  remainder  of  the  pertinent                                                               
statutes,  he  did  not  have any  particular  suggestions.    He                                                               
surmised,  however, that  there are  probably quite  a few  areas                                                               
that need  more definition and  clarity in order for  the [Select                                                               
Committee on Legislative Ethics] to do its job.                                                                                 
                                                                                                                                
CHAIR  McGUIRE  asked  Mr.  Walker,  "Do  you  believe  that  the                                                               
defendant, if  you will, the  person who's been  claimed against,                                                               
ought to have counsel?"                                                                                                         
                                                                                                                                
MR. WALKER said:  "I believe  they have a right to be represented                                                               
at this hearing,  yes, I do.  Whether the  state should pay that,                                                               
I don't have a comment on."                                                                                                     
                                                                                                                                
CHAIR McGUIRE asked,  "Were you aware that Ted  Popely, who's the                                                               
majority counsel, was  acting as counsel to Mr.  Irwin during the                                                               
proceedings?"                                                                                                                   
                                                                                                                                
MR. WALKER said yes.                                                                                                            
                                                                                                                                
CHAIR McGUIRE  asked, "At  what point did  you become  aware that                                                               
Mr. Popely was  asked not to be counsel to  the judiciary or face                                                               
ethical charges."                                                                                                               
                                                                                                                                
MR. WALKER replied, "Not 'til the actual hearing began."                                                                        
                                                                                                                                
CHAIR McGUIRE  said, "Can  you tell  me a  little bit  more about                                                               
that, how you became aware of it?"                                                                                              
                                                                                                                                
Number 1998                                                                                                                     
                                                                                                                                
MR. WALKER replied:                                                                                                             
                                                                                                                                
     At some point,  I think it was [as]  the actual hearing                                                                    
     began or  some point not  too far before that,  it just                                                                    
     was  brought up.   Ted  came  before us  and wanted  to                                                                    
     speak about a letter that was  sent to him, and I'm not                                                                    
     sure  [who]  the  letter was  from,  from  the  [Select                                                                    
     Committee on Legislative Ethics]  regarding -- and if I                                                                    
     understand the nature of the  letter, the letter didn't                                                                    
     actually state that  he could face ethical  charges.  I                                                                    
     think the nature  of the letter was,  it'd been brought                                                                    
     to  the  [Select  Committee  on  Legislative  Ethics's]                                                                    
     attention that there could  potentially be a violation.                                                                    
     But  I  found that  out  just  ... shortly  before  the                                                                    
     hearing or at the time of the hearing.                                                                                     
                                                                                                                                
CHAIR McGUIRE asked:                                                                                                            
                                                                                                                                
     Just  having  practiced  as an  attorney  and  all  the                                                                    
     things we're  talking about, about making  this process                                                                    
     better, do  you feel -  after I think [it]  was roughly                                                                    
     three months  of having  represented Mr.  Irwin through                                                                    
     the  ins and  outs of  the  proceedings -  that it  was                                                                    
     appropriate  for the  committee  to send  him a  letter                                                                    
     advising him - of course, now  his "bar card" is on the                                                                    
     line - that if he  proceeded to represent Mr. Irwin, he                                                                    
     may be subject  to an ethical violation?   Do you think                                                                    
     that  would  have  a chilling  effect  on  Mr.  Irwin's                                                                    
     representation?                                                                                                            
                                                                                                                                
MR. WALKER replied:                                                                                                             
                                                                                                                                
     Well, it obviously had some  effect, because Mr. Popely                                                                    
     decided not to represent him  any further.  And I don't                                                                    
     have  -- if  that's what  your  question is.   If  your                                                                    
     question is, do  I think if that  situation rises again                                                                    
     that it's going to have  any chilling effect on whoever                                                                    
     represents someone  in that similar situation,  well, I                                                                    
     think  it  possibly  could,  when  you  start  throwing                                                                    
     around  ethics  violations.   But  I'm  not  sure  that                                                                    
     that's  what the  nature of  the  letter was  intended.                                                                    
     And I don't have enough information to comment on it.                                                                      
                                                                                                                                
Number 2188                                                                                                                     
                                                                                                                                
CHAIR McGUIRE asked Mr. Popely to briefly describe the letter he                                                                
received and at what point in the process he received it.                                                                       
                                                                                                                                
MR. POPELY said:                                                                                                                
                                                                                                                                
     I, ...  in the  beginning, was  asked to  represent Ron                                                                    
     Irwin  as his  attorney.   He wanted  to go  to a  full                                                                    
     public  hearing  relating  to  his  violations,  and  I                                                                    
     agreed to do  that.  I cleared that  with my employers.                                                                    
     [It]  appeared  to  be   appropriate,  being  that  the                                                                    
     violations  occurred within  the  scope  and course  of                                                                    
     Ron's  normal  day-to-day  duties as  press  secretary.                                                                    
     And shortly before his hearing,  I got a letter from, I                                                                    
     think  it was  signed  by Joyce  Anderson, the  [Select                                                                    
     Committee on Legislative Ethics's]  staff, on behalf of                                                                    
     Chairman Cook,  suggesting that  there were,  I believe                                                                    
     the exact phrase in the  letter was, "potential ethical                                                                    
     ramifications"  of my  continued representation  of Mr.                                                                    
     Irwin.  That's all I got.                                                                                                  
                                                                                                                                
     It  definitely had  a  chilling effect  in  that I  did                                                                    
     ultimately   make   the   decision   to   withdraw   my                                                                    
     representation, for  several reasons:  one,  to protect                                                                    
     myself, and,  two, to keep  the focus away from  me and                                                                    
     on the  merits of Mr.  Irwin's case. ... You  raise the                                                                    
     question,  and I  think  there is  an  issue there  for                                                                    
     discussion;  I mean,  what's done  is  done, it's  over                                                                    
     with,  Ron  hired an  attorney.    Ultimately, part  of                                                                    
     those expenditures  were paid  by the  state.   Part of                                                                    
     the problem with the order  that it occurred, I suppose                                                                    
     -- the troublesome part for  Mr. Irwin having to retain                                                                    
     private  counsel  at the  eleventh  hour  was that  the                                                                    
     letter  came  without  any support,  came  without  any                                                                    
     legal basis, came without  any research suggesting that                                                                    
     there was a reason for it.                                                                                                 
                                                                                                                                
Number 2027                                                                                                                     
                                                                                                                                
MR. POPELY continued:                                                                                                           
                                                                                                                                
     And, as  has been suggested,  it came from  outside the                                                                    
     [Select Committee  on Legislative Ethics]  somewhere; I                                                                    
     don't  exactly [know]  how that  would happen.   Again,                                                                    
     these  [Select   Committee  on   Legislative  Ethics's]                                                                    
     processes  are supposed  to be  highly confidential,  I                                                                    
     don't know who besides  the committee members knew that                                                                    
     I was  representing Mr.  Irwin at that  point.   I also                                                                    
     don't  know  who  the anonymous  person  who  may  have                                                                    
     raised this issue was.                                                                                                     
                                                                                                                                
     I asked Legislative Legal  [and Research] Services over                                                                    
     the  Christmas holiday,  which was  shortly before  the                                                                    
     formal  hearing began,  to prepare  an  opinion for  me                                                                    
     based on whether  or not I did have  an ethical problem                                                                    
     representing Mr.  Irwin, and the answer  came back that                                                                    
     I did not,  that it was appropriate for me  as a state-                                                                    
     paid  employee to  provide  legal representation  under                                                                    
     those circumstances.   So, despite that,  I withdrew my                                                                    
     representation.    Ron  was  able  to  find  a  private                                                                    
     attorney at his  own expense, and we  went forward, and                                                                    
     it is what it is.                                                                                                          
                                                                                                                                
CHAIR McGUIRE asked, "What changes would you make with respect                                                                  
to representation?"                                                                                                             
                                                                                                                                
MR. POPELY said:                                                                                                                
                                                                                                                                
     Based   on  the   memorandum  that   was  prepared   by                                                                    
     Legislative  Legal [and  Research Services],  there are                                                                    
     circumstances where  it's appropriate for  a legislator                                                                    
     or  an  employee to  receive  paid  representation.   I                                                                    
     think  there  are  circumstances   where  it  would  be                                                                    
     inappropriate.   For example, if Ron  Irwin was accused                                                                    
     of  something that  benefited him  personally, with  no                                                                    
     respect to his official  duties, the answer is probably                                                                    
     no,  ... it  would be  inappropriate for  the state  to                                                                    
     provide representation for him.                                                                                            
                                                                                                                                
     But if a legislator or  a legislative employee had been                                                                    
     accused  of  an  ethics  violation  within  the  normal                                                                    
     course  and scope  of  his employment,  I  think it  is                                                                    
     appropriate for somebody to  represent that person. ...                                                                    
     Mr. Cook  made much  of the fact  that Ron  requested a                                                                    
     full  formal  hearing.    I  don't  think  that  that's                                                                    
     unusual at all.   It's only unusual in  that it doesn't                                                                    
     happen very  often.  Whether  the [Select  Committee on                                                                    
     Legislative Ethics]  recommended sanctions  against him                                                                    
     or not,  the man still  has an ethics violation  on his                                                                    
     permanent record.                                                                                                          
                                                                                                                                
Number 2251                                                                                                                     
                                                                                                                                
MR. POPELY concluded.                                                                                                           
                                                                                                                                
     And whether  his future intentions included  pursuit of                                                                    
     different    professional     activities    or    civic                                                                    
     organizations,  maybe   even  public  office,   it's  a                                                                    
     significant impairment  on his permanent record,  and I                                                                    
     think  somebody  would be  foolish  to  proceed with  a                                                                    
     formal hearing without proper representation.                                                                              
                                                                                                                                
CHAIR SEEKINS, addressing Mr. Walker, said:                                                                                     
                                                                                                                                
     You  said   you  have  a  problem   defining  "partisan                                                                    
     political activity."   But let me ask you  this:  based                                                                    
     on the  findings of this  last inquiry, do  you believe                                                                    
     that a  majority response prepared by  a majority press                                                                    
     aide  to an  allegation against  an action  taken by  a                                                                    
     legislative   committee   is  a   "partisan   political                                                                    
     activity?"                                                                                                                 
                                                                                                                                
MR. WALKER sought clarification:  "Are you asking me to give you                                                                
an answer regarding what went on in deliberations?"                                                                             
                                                                                                                                
CHAIR SEEKINS said, "No, just asking you if, in your opinion,                                                                   
that constitutes a "partisan political activity."                                                                               
                                                                                                                                
MR. WALKER said:                                                                                                                
                                                                                                                                
     It was a tough question for  me.  I believe that, based                                                                    
     on  my understanding,  that  ... you  have  a right  to                                                                    
     respond  to  whenever the  other  side  gives a  policy                                                                    
     statement  of some  sort.   The question  for me  under                                                                    
     this scenario was, ... was  it a natural thing that the                                                                    
     state  legislature's  majority  would have  done  under                                                                    
     (indisc.) circumstance.   If  it's something  that they                                                                    
     would normally  have done in their  course of business,                                                                    
     then I wouldn't  have any problems with it  being a ...                                                                    
     nonpartisan  political activity,  it's just  a part  of                                                                    
     you  doing  your  job.   And  that's  [where]  I  would                                                                    
     probably leave the question.   If it's part of what you                                                                    
     do, then no,  I don't have a problem with  it.  I would                                                                    
     see that [as] being  not "partisan political activity,"                                                                    
     but just  a response,  as a legislature  majority body,                                                                    
     ... [in] your normal course of doing business.                                                                             
                                                                                                                                
Number 2325                                                                                                                     
                                                                                                                                
CHAIR  SEEKINS  said,  "So  any  public  allegation  attacking  a                                                               
decision  made within  a legislative  committee  could, then,  in                                                               
your  opinion, justify  a response  from a  majority press  aide,                                                               
without it being an ethical violation."                                                                                         
                                                                                                                                
MR. WALKER said, "Yes, I would think so."                                                                                       
                                                                                                                                
CHAIR SEEKINS said:                                                                                                             
                                                                                                                                
     I just  wanted to take a  look at one other  thing. ...                                                                    
     As a public  defender, in your past  history, would you                                                                    
     feel  comfortable  going  to   court  knowing  that  an                                                                    
     advisor to the jury, a  trusted advisor to the jury was                                                                    
     the ultimate selector of the  judge and then became the                                                                    
     prosecutor, would you feel  comfortable for your client                                                                    
     under those circumstances?                                                                                                 
                                                                                                                                
MR. WALKER  replied:  "Let me  make sure I understand  your facts                                                               
scenario.  If a trusted advisor to the jury?                                                                                    
                                                                                                                                
CHAIR SEEKINS said, "Right."                                                                                                    
                                                                                                                                
CHAIR McGUIRE added, "Counsel."                                                                                                 
                                                                                                                                
CHAIR SEEKINS then remarked:                                                                                                    
                                                                                                                                
     As counsel.   Let's say that  that -- we know  that the                                                                    
     jury  doesn't hire  legal counsel,  but let's  just say                                                                    
     that they  had someone  here instructing them  and that                                                                    
     that  was  counsel to  the  jury,  and that  that  same                                                                    
     counsel basically  selected the  judge and  then became                                                                    
     the  prosecutor, would  you feel  comfortable for  your                                                                    
     client   under  those   circumstances,   as  a   public                                                                    
     defender?                                                                                                                  
                                                                                                                                
MR. WALKER  replied:  "As a  public defender, my answer  would be                                                               
no.   There  would  be  no way  I'd  feel  comfortable under  the                                                               
scenario that you presented, because  it has its inherent biases.                                                               
That's just the appearance of biasness and conflict of interest.                                                                
                                                                                                                                
CHAIR SEEKINS  asked, "Wouldn't that  same basic bias  carry over                                                               
into the scenario that was ...  compelled upon the hearing ... in                                                               
this [case]?"                                                                                                                   
                                                                                                                                
TAPE 03-12, SIDE B [House JUD tape]                                                                                           
Number 2387                                                                                                                     
                                                                                                                                
CHAIR SEEKINS continued:   "I'm not accusing anyone.   I'm saying                                                               
it appears that the process may  ... need to be ... changed here.                                                               
But wouldn't that same inherent  -- would you feel comfortable if                                                               
you were Mr.  Popely, now, and you were ...  taking that spot for                                                               
your client under this circumstance?"                                                                                           
                                                                                                                                
MR. WALKER responded:                                                                                                           
                                                                                                                                
     Under the  circumstance that was  presented to  us, Mr.                                                                    
     Cole was  an advisor as  to whether or not  a violation                                                                    
     had been --  and ... I'm thinking out  loud just trying                                                                    
     to clarify  your question  factually in  my mind.   Mr.                                                                    
     Cole   was  advisor   to  the   [Select  Committee   on                                                                    
     Legislative Ethics]  as to whether  or not  a violation                                                                    
     had  been committed.    Then he  prosecuted  - in  your                                                                    
     terms, using  your language.   The  way this  system is                                                                    
     set up, and it's my  understanding -- like I said, once                                                                    
     again,  I  followed  the people  [who'd]  been  on  the                                                                    
     [Select  Committee on  Legislative  Ethics] further,  I                                                                    
     didn't  really   question  whether  Mr.  Cole   had  an                                                                    
     inherent conflict or  not.  I can  understand where Mr.                                                                    
     Popely might have some hesitation  based on the factual                                                                    
     scenario  that you've  presented, if  you're trying  to                                                                    
     equate  it to  the  public defender  scenario.   But  I                                                                    
     can't  comment  as to  whether  ...  that affected  Mr.                                                                    
     Irwin's case or not, at this time.                                                                                         
                                                                                                                                
CHAIR SEEKINS said:                                                                                                             
                                                                                                                                
     I'm not  trying to cast  aspersions on the  ability for                                                                    
     anybody to  come up with  ... a proper decision,  or to                                                                    
     accuse the  people that were  involved.  It  just seems                                                                    
     to me that  ..., where I grew up, that  [we would have]                                                                    
     ... called  that a kangaroo court.  ... Without casting                                                                    
     any aspersions on the people,  I'm just saying it would                                                                    
     have made  me nervous if  I was the defendant.  ... And                                                                    
     we're  not trying  to attack  that; ...  I guess  we're                                                                    
     looking   at   the   process.     And   part   of   our                                                                    
     responsibility as  a legislature, it appears  to me, is                                                                    
     to make that  process as lily white as we  can make it,                                                                    
     and  make it  seek out  absolute justice  in the  final                                                                    
     decision.                                                                                                                  
                                                                                                                                
Number 2309                                                                                                                     
                                                                                                                                
     And, to me,  there's a color to this  process that just                                                                    
     doesn't seem  to be lily  white - ...  not interjecting                                                                    
     anything  for the  judgment or  the credibility  of the                                                                    
     people that were involved.   It's a process [that] just                                                                    
     doesn't seem  to ... engender  a lot of  good feelings,                                                                    
     in ...  the back of [my]  mind, about this.   So, I was                                                                    
     just wondering if  you felt that that  process could be                                                                    
     improved some to eliminate that perception.                                                                                
                                                                                                                                
MR. WALKER replied:                                                                                                             
                                                                                                                                
     Well,  yeah, I  definitely think  the process  could be                                                                    
     fine-tuned.   I've only been  on the  [Select Committee                                                                    
     on Legislative Ethics  a] very short term,  but ... the                                                                    
     way it could  be fine-tuned was ...  you allocate funds                                                                    
     so  that  a  neutral  third  party  -  like  you  said,                                                                    
     independent  prosecutor, which  they've  done in  other                                                                    
     scenarios  - gets  retained to  prosecute the  case and                                                                    
     the   advisory  counsel   still  remains   as  advisory                                                                    
     counsel. ... It's a simple  fix, and I definitely agree                                                                    
     with you  that the process could  always be fine-tuned.                                                                    
     The statutes could  be fine-tuned to make  our job more                                                                    
     clearly defined.                                                                                                           
                                                                                                                                
     (Indisc.)  ethics is  a murky  business.  ... And  this                                                                    
     scenario  is much  different than  me  as a  practicing                                                                    
     attorney;  ... we  have  ethics laws  that  we have  to                                                                    
     abide  by.   But  it  seems like  this  ethics in  this                                                                    
     scenario  is a  little bit  ... murkier  than what  I'm                                                                    
     used to dealing with as  an attorney, mainly because of                                                                    
     the  language  that's  in the  rules  itself,  and  the                                                                    
     process.    So,  I  totally  agree  with  you,  it  can                                                                    
     definitely be  refined to make [it]  clear, easier, and                                                                    
     - to use your words - lily white.                                                                                          
                                                                                                                                
CHAIR SEEKINS said,  "My intent is that the  [Select Committee on                                                               
Legislative  Ethics]   act  in   a  totally  ethical   manner  in                                                               
investigating ethics complaints; ... that's my intent here."                                                                    
                                                                                                                                
Number 2229                                                                                                                     
                                                                                                                                
MR. WALKER said, "And I agree with  you, but I would also have to                                                               
say that  I don't think  any of the  processes that were  done in                                                               
this scenario was  done with any malfeasance  or unethical intent                                                               
- at least from my perspective.                                                                                                 
                                                                                                                                
CHAIR  SEEKINS countered:   "Probably  because you  were involved                                                               
and knew  the players, but  if you  didn't know the  players, you                                                               
might  have a  different viewpoint."   He  then asked  Mr. Popely                                                               
whether  he'd  adequately  described  the  perceptions  that  Mr.                                                               
Popely had, coming into the hearing.                                                                                            
                                                                                                                                
MR. POPELY replied:                                                                                                             
                                                                                                                                
     Mr.  Chairman,  yes. ...  The  issue's  been raised  by                                                                    
     several  people   to  me  and  by   myself  during  the                                                                    
     proceeding, and  you've articulated it perfectly.   The                                                                    
     appearance of  conflict is evident, very  evident.  And                                                                    
     let  me   preface  it  by   saying  this  is   the  way                                                                    
     administrative hearings are conducted  in Alaska and in                                                                    
     other  states.    It's  not --  this  isn't  the  first                                                                    
     administrative  process   where  the  counsel   to  the                                                                    
     administrative  trier  of  fact  is  also  the  hearing                                                                    
     investigator/prosecutor,   depending    on   what   the                                                                    
     tribunal  is.    However,  in this  case,  ...  you  as                                                                    
     chairman of the  Senate Judiciary [Standing] Committee,                                                                    
     you  have  raised  a  very good  issue  for  people  to                                                                    
     consider.                                                                                                                  
                                                                                                                                
     ...  If people  are going  to go  forward with  ethical                                                                    
     hearings and full public  processes, is it appropriate?                                                                    
     ... Senator  Therriault raised  a good  analogy.   In a                                                                    
     criminal case, certainly, the defendant  in a case [is]                                                                    
     not going  to be comfortable  with, to use  an analogy,                                                                    
     the law clerk to a judge  - the person the judge or the                                                                    
     jury,  in  Senator  Seekins's  example,  turns  to  for                                                                    
     advice, for  counsel, for  interpretations of  law, for                                                                    
     interpretations of  procedure throughout the  process -                                                                    
     [who]  on the  day of  the trial  shows up  and changes                                                                    
     hats  and  says, "I'm  no  longer  advising the  judge;                                                                    
     starting  from  this  moment forward,  I'm  exclusively                                                                    
     acting as prosecutor."                                                                                                     
                                                                                                                                
Number 2149                                                                                                                     
                                                                                                                                
MR. POPELY continued:                                                                                                           
                                                                                                                                
     Nobody's   said   that   [the   Select   Committee   on                                                                    
     Legislative   Ethics]  did   anything  wrong   in  this                                                                    
     procedure.   Nobody could ever  know that  except those                                                                    
     people.   The  point  is, you're  trying  to avoid  any                                                                    
     appearance of  impropriety, and  it's from  a defendant                                                                    
     and from the public's perspective  that we have to make                                                                    
     that  judgment.     Does  the   scene  look   fair  and                                                                    
     reasonable to  the person  who has  to stand  there and                                                                    
     defend himself?  And I  think you answered the question                                                                    
     yourself; the answer is clearly no.                                                                                        
                                                                                                                                
     I, personally, would  not want to be  prosecuted by the                                                                    
     person who had been  providing legal advice and counsel                                                                    
     for weeks and  even months to the people  who are going                                                                    
     to hopefully make the decision  about my violation. ...                                                                    
     It's easy  to see  the conflict, very  easy to  see the                                                                    
     conflict.   And it's  a money question.   Of  course it                                                                    
     costs more,  and that's a question  the legislature has                                                                    
     to make  as policy  makers:  What's  the price  of this                                                                    
     ... ethics process  to look as impartial  and as proper                                                                    
     as possible?                                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  said:  "Mr.  Popely, I wasn't  a member                                                               
of the legislature when this  occurred, I'm not too familiar with                                                               
the situation,  so pardon my  ignorance if  I ask you  some basic                                                               
questions.  At the time, were you a legislative employee?"                                                                      
                                                                                                                                
MR. POPELY replied, "Yes, and I still am."                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG asked, "And what was your position?"                                                                   
                                                                                                                                
MR.  POPELY said,  "I'm legal  counsel for  the Senate  and House                                                               
majority."                                                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG   asked,  "Was   it  within   your  job                                                               
description to be defending this person?"                                                                                       
                                                                                                                                
MR. POPELY replied, "My job  description evolves daily, and I was                                                               
instructed  by the  majority leadership  to pursue  a defense  on                                                               
behalf of Mr. Irwin; so, yes."                                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG asked, "Do  you think it was appropriate                                                               
for  the  state to  be  paying  for  the  legal defense  of  this                                                               
individual?"                                                                                                                    
                                                                                                                                
Number 2074                                                                                                                     
                                                                                                                                
CHAIR SEEKINS interjected to say:   "Basically, the state decided                                                               
they were going to do  that, [Representative] Gruenberg, already,                                                               
so, you know,  I don't know whether it's appropriate  or not, but                                                               
I believe the  state has already made that  commitment in earlier                                                               
committee hearings.  Am I correct?"                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG said, "I'm  just wondering if Mr. Popely                                                               
would answer my question."                                                                                                      
                                                                                                                                
CHAIR SEEKINS told him to go ahead.                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  repeated, "Mr. Popely, do  you think it                                                               
was appropriate?"                                                                                                               
                                                                                                                                
MR. POPELY replied:                                                                                                             
                                                                                                                                
     Yes.   Specifically, in order  to answer  that question                                                                    
     as objectively  as possible, I asked  Legislative Legal                                                                    
     [and  Research Services]  to  provide  me an  objective                                                                    
     legal opinion.   As  you know,  they are  a nonpartisan                                                                    
     legal  organization  designed  to answer  questions  of                                                                    
     that nature.   And their answer to  me was unequivocal:                                                                    
     "Yes,  it's appropriate."   When  Mr.  Irwin, as  press                                                                    
     secretary, was  acting within  the scope/course  of his                                                                    
     employment,  and was  accused of  an ethical  violation                                                                    
     based  on  that,  it's appropriate  for  the  state  to                                                                    
     provide a defense.   Should his violation  have taken a                                                                    
     different  form, for  example,  had  he done  something                                                                    
     that benefited  him personally and exclusively  and had                                                                    
     nothing  to do  with  his  job, say  he  was trying  to                                                                    
     promote  his business  on his  own  state computer,  or                                                                    
     something of that nature, the  answer would be no.  So,                                                                    
     in  my opinion,  yes,  I agree  with Legislative  Legal                                                                    
     [and   Research]   Services'   opinion  that   it   was                                                                    
     appropriate ... at the time.                                                                                               
                                                                                                                                
CHAIR  SEEKINS again  interjected  to say,  "And the  Legislative                                                               
Council has already agreed with  that as well, and authorized the                                                               
payment of that fee."                                                                                                           
                                                                                                                                
Number 2029                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG said,  "I appreciate  your comment  Mr.                                                               
Chairman;  I would  also appreciate  being allowed  to finish  my                                                               
questions."                                                                                                                     
                                                                                                                                
CHAIR SEEKINS  replied, "No problem; please  finish this question                                                               
and we'll move on."                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG said:                                                                                                  
                                                                                                                                
     Thank you  very much.   And, again, I  certainly wasn't                                                                    
     here, and I'm  just trying to improve  the process too.                                                                    
     Do you  think that there  should be some  standards set                                                                    
     up as  to how  these services --  or whether  the state                                                                    
     should continue  to pay that?   My question is,  do you                                                                    
     think that that is appropriate?                                                                                            
                                                                                                                                
MR. POPELY replied, "I do think that's appropriate."                                                                            
                                                                                                                                
CHAIR SEEKINS,  after acknowledging  that Mr. Walker  had another                                                               
engagement to attend to, thanked him for participating.                                                                         
                                                                                                                                
The committee took an at-ease from 2:07 p.m. to 2:14 p.m.                                                                       
                                                                                                                                
CHAIR McGUIRE  asked Mr. Cook  to comment  on the letter  sent to                                                               
Mr. Popely.   "There was a question about who  raised the concern                                                               
regarding Mr.  Popely's representation,  ... and Mr.  Walker also                                                               
made  mention of  it, that  he wasn't  sure where  that complaint                                                               
came from," she added.                                                                                                          
                                                                                                                                
MR. COOK responded:                                                                                                             
                                                                                                                                
     Okay.  Let me, perhaps, try  to put it in perspective -                                                                    
     what happened.  There are  a couple of things that were                                                                    
     important about this  hearing.  One was  that we wanted                                                                    
     to  complete the  hearing before  the  turnover in  ...                                                                    
     [the  Select  Committee   on  Legislative  Ethics]  and                                                                    
     before the  legislative session ... started  - when our                                                                    
     terms ran  out.  So,  we had a fairly  short timeframe,                                                                    
     particularly because  of the  holidays; ...  this thing                                                                    
     was  shaping up  over the  holidays, and  we needed  to                                                                    
     keep our -  I think it was - January  8 hearing date or                                                                    
     we were going  to lose it and have  a complete turnover                                                                    
     in the committee.                                                                                                          
                                                                                                                                
Number 1912                                                                                                                     
                                                                                                                                
     Mr. Popely  had been  representing Mr. Irwin,  and that                                                                    
     was  fine with  the  [Select  Committee on  Legislative                                                                    
     Ethics].      However,   the   [Select   Committee   on                                                                    
     Legislative Ethics's]  staff did get  several inquiries                                                                    
     and questions at to whether  it was appropriate for him                                                                    
     to  be represented  by counsel.    We certainly  didn't                                                                    
     want that  issue to be  raised for the first  time when                                                                    
     the  hearing   convened,  and  to  throw   the  hearing                                                                    
     completely off  track, and cause  us not to be  able to                                                                    
     finish our work.                                                                                                           
                                                                                                                                
     So, we  were debating what  to do to make  certain that                                                                    
     that didn't happen.   We contacted [Legislative Affairs                                                                    
     Agency   (LAA),   Legislative    Legal   and   Research                                                                    
     Services], and  although we  couldn't discuss  the case                                                                    
     specifically  with  them,   we  described  the  general                                                                    
     situation  [and  asked],  "What   do  you  do  in  this                                                                    
     situation,  when  [we're]  getting inquiries  that  may                                                                    
     result  in complaints  and we're  headed for  a hearing                                                                    
     and we  don't want it to  happen?"  And there  was some                                                                    
     discussion.   And  a letter  was written,  and actually                                                                    
     with the  participation of  LAA [Legislative  Legal and                                                                    
     Research Services] as to the wording of it.                                                                                
                                                                                                                                
     And what  it said  was --  I don't have  a copy  of the                                                                    
     letter,  I'm sorry  I don't,  because it's  been talked                                                                    
     about a  lot, but nobody's  ever given you a  copy; ...                                                                    
     the people  that went  to ...  the past  hearing talked                                                                    
     about the  letter but  didn't ever give  a copy  of the                                                                    
     letter.   The  letter  simply said,  "We've received  a                                                                    
     couple of inquiries as to  whether this is appropriate;                                                                    
     this should be  checked out before the  hearing."  That                                                                    
     was what that letter said.   Indeed, ironically, as Mr.                                                                    
     Popely said,  they went to  LAA [Legislative  Legal and                                                                    
     Research Services],  got an opinion from  the very same                                                                    
     person who helped draft the  [first] letter, [who then]                                                                    
     said it's perfectly fine.                                                                                                  
                                                                                                                                
Number 1862                                                                                                                     
                                                                                                                                
MR. COOK continued:                                                                                                             
                                                                                                                                
     We [couldn't] have cared less.  ... We just didn't want                                                                    
     the  issue to  come up  at the  hearing and  derail our                                                                    
     hearing.    We were  not  trying  to pick  counsel  for                                                                    
     anybody; we  were trying to  make sure an  issue didn't                                                                    
     come  up.   And  I don't  know why,  when  they got  an                                                                    
     opinion  from  LAA   [Legislative  Legal  and  Research                                                                    
     Services] that  said it was  perfectly fine for  him to                                                                    
     represent  him,  that  he  stepped   back.    That  was                                                                    
     certainly  not our  intent; we  simply said,  "Check it                                                                    
     out so  you don't  face future ethical  complaints from                                                                    
     somebody."   And I'm  not at liberty  to say  who those                                                                    
     came from; I don't know who  they came from.  They came                                                                    
     into our staff,  and there were several.  So,  it was a                                                                    
     concern  to  people who  were  in  a position  to  make                                                                    
     future complaint.  That was one area.                                                                                      
                                                                                                                                
     There's one  other area ...,  perhaps, that came  up in                                                                    
     the interim  that I  could just comment  on.   And that                                                                    
     was  the  administrative   versus  criminal  or  quasi-                                                                    
     criminal  nature  of the  proceedings.    In the  past,                                                                    
     during my time on  the [Select Committee on Legislative                                                                    
     Ethics] -  and I think  even before, clear back  to the                                                                    
     beginning  of  the  [Select  Committee  on  Legislative                                                                    
     Ethics], when  we had some  major cases like  the Jacko                                                                    
     case and  the Sanders  case -  they've been  treated as                                                                    
     administrative procedures.                                                                                                 
                                                                                                                                
MR. COOK concluded:                                                                                                             
                                                                                                                                
     And that's  what the  question is now  ...:   should we                                                                    
     continue  to treat  them as  administrative procedures,                                                                    
     where  it's  appropriate  - ...  in  that  setting,  an                                                                    
     advisor  to   the  [Select  Committee   on  Legislative                                                                    
     Ethics]  oftentimes does  also  act as  a presenter  of                                                                    
     evidence at  a hearing -  or are  we going to  treat it                                                                    
     more as  a criminal or quasi-criminal  proceeding.  And                                                                    
     that's ... certainly  appropriate to be looked  at.  In                                                                    
     the  past,   we  haven't   thrown  around   words  like                                                                    
     "defendant" and  "prosecutorial" and so on.   It's been                                                                    
     an  administrative  proceeding,  not cast  in  criminal                                                                    
     terms.  But  if the legislature wants  to consider this                                                                    
     a criminal  proceeding or a  quasi-criminal proceeding,                                                                    
     then  it   would  be  appropriate  to   separate  those                                                                    
     functions out.                                                                                                             
                                                                                                                                
Number 1763                                                                                                                     
                                                                                                                                
CHAIR McGUIRE thanked Mr. Cook for his testimony, and said:                                                                     
                                                                                                                                
     That's why  it's my intent  to just tackle  the [Select                                                                    
     Committee  on  Legislative  Ethics] versus  the  entire                                                                    
     Administrative  [Procedure]  Act  as  I  know  [Senate]                                                                    
     President  Therriault  is.     I  believe  that  it  is                                                                    
     different,  and  I  believe   it  is  a  quasi-criminal                                                                    
     proceeding  because  the  consequences are  so  severe,                                                                    
     professionally  and so  on. ...  I  recognize you  were                                                                    
     dealing with  very limited precedents  in this  area of                                                                    
     having gone to a full trial  and so on.  But it's clear                                                                    
     to  me that  we're not  doing the  complainant justice,                                                                    
     and we're  not doing the person  who's being complained                                                                    
     against justice in the process, and the public.                                                                            
                                                                                                                                
SENATOR  FRENCH said,  "I just  had a  question about  the letter                                                               
that  was sent  from  Legislative Legal  [and Research  Services]                                                               
authorizing Mr. Popely to represent."                                                                                           
                                                                                                                                
MR. COOK  remarked, "I've never  seen it; it was  never presented                                                               
to  the [Select  Committee  on Legislative  Ethics]; we've  never                                                               
..."                                                                                                                            
                                                                                                                                
CHAIR SEEKINS interjected to say, "(Indisc.) a copy here."                                                                      
                                                                                                                                
MR. COOK  replied, "Well, I've asked  for it before and  it would                                                               
not be released  to the [Select Committee  on Legislative Ethics]                                                               
by the ..."                                                                                                                     
                                                                                                                                
CHAIR SEEKINS again interjected to say,  "I just got a copy here,                                                               
Senator French."                                                                                                                
                                                                                                                                
CHAIR McGUIRE informed  Mr. Cook that committee  staff would make                                                               
a copy of the aforementioned letter and distribute it to him.                                                                   
                                                                                                                                
SENATOR FRENCH said, "And really my  only question had to do with                                                               
timing."  He  confirmed that he was referring to  the letter from                                                               
Barbara  Craver to  Senator Halford,  attention  Ted Popely,  and                                                               
that this letter is in response to Mr. Popely's request ...                                                                     
                                                                                                                                
CHAIR SEEKINS  interjected to say:   "The letter that  Mr. Popely                                                               
received and  then he requested  that the [Legislative  Legal and                                                               
Research Services]  give him  an opinion.   Is that  correct, Mr.                                                               
Popely?"                                                                                                                        
                                                                                                                                
MR. POPELY replied, "More or less, that's correct."                                                                             
                                                                                                                                
Number 1683                                                                                                                     
                                                                                                                                
SENATOR FRENCH  queried:  "And  this is  December 23, 2002?   And                                                               
this was subsequent to the hearing/trial of Mr. Irwin?"                                                                         
                                                                                                                                
MR. COOK said, "No, no, it was before."                                                                                         
                                                                                                                                
SENATOR FRENCH asked, "And how much before?"                                                                                    
                                                                                                                                
MR. COOK replied:                                                                                                               
                                                                                                                                
     Well, I think the hearing was  on the 8th of January, I                                                                    
     believe.    And I  think  the  letter that  Ms.  Craver                                                                    
     helped  us draft  to Mr.  Popely  was just  a few  days                                                                    
     before this.   So they  rather promptly got  an opinion                                                                    
     that  it was  fine, and  yet he  stepped back  for some                                                                    
     reason and they got other counsel.                                                                                         
                                                                                                                                
SENATOR FRENCH  asked Mr. Cook and  Mr. Popely if either  of them                                                               
knew when it was that Mr.  Irwin secured Mr. Jacobus to represent                                                               
him.                                                                                                                            
                                                                                                                                
MR. POPELY said:                                                                                                                
                                                                                                                                
     I don't  know the answer to  that.  But in  response to                                                                    
     the  first question  - why  did Popely  withdraw -  the                                                                    
     [Legislative Legal  and Research Services']  opinion is                                                                    
     not  binding on  the [Select  Committee on  Legislative                                                                    
     Ethics] in any  respect.  So the reason  I withdrew was                                                                    
     because I  have no idea  what the [Select  Committee on                                                                    
     Legislative Ethics] is going to  determine is or is not                                                                    
     an  ethics violation.    All I  have  is guidance  from                                                                    
     [Legislative Legal and Research Services].                                                                                 
                                                                                                                                
     And the  fact that the  same attorney who  drafted that                                                                    
     opinion is the  same one who helped with  the letter, I                                                                    
     think suggests  even more strongly that  the letter was                                                                    
     a little  too terse  and bordering on  irresponsible to                                                                    
     say --  what the letter said  - I don't have  a copy in                                                                    
     front of me, either, but  I remember verbatim - it says                                                                    
     that  there are  potential  ethical ramifications  that                                                                    
     have been raised.                                                                                                          
                                                                                                                                
Number 1599                                                                                                                     
                                                                                                                                
     So, yes,  I withdrew  my representation, even  though I                                                                    
     had an opinion  from the same person,  apparently - I'm                                                                    
     learning  that, as  I'm listening  right now.   If  the                                                                    
     [Select Committee  on Legislative Ethics]  received the                                                                    
     same advice  that I received, that  it was appropriate,                                                                    
     I'm  still left  wondering why  I got  a letter  saying                                                                    
     there are potential ethical ramifications.                                                                                 
                                                                                                                                
     And I don't know who  outside of [Mr. Cole], advisor to                                                                    
     the  [Select  Committee  on Legislative  Ethics],  knew                                                                    
     that  I was  representing Mr.  Irwin.   And  I got  the                                                                    
     distinct  impression  that  the  [Select  Committee  on                                                                    
     Legislative Ethics] would have  preferred, and Mr. Cole                                                                    
     would  have  preferred,  if   Mr.  Irwin  attended  his                                                                    
     hearing unrepresented.   If you  want me to  come right                                                                    
     out  and say  it, that's  the problem  I have  with the                                                                    
     whole "letter" scenario.                                                                                                   
                                                                                                                                
SENATOR FRENCH noted, "We don't have a copy of the letter that                                                                  
you received, which scared you off, so to speak."                                                                               
                                                                                                                                
MR.  POPELY  replied,  "I'm  sure  it's  there,  floating  around                                                               
somewhere, and I  can make arrangements to get a  copy to you, if                                                               
you'd like;  I'm sure Mr.  Irwin has it in  his file, he's  got a                                                               
complete file (indisc.)"                                                                                                        
                                                                                                                                
MR. COOK said the [Select Committee on Legislative Ethics] could                                                                
certainly provide a copy to members.  In response to comments                                                                   
made by Mr. Popely, Mr. Cook said:                                                                                              
                                                                                                                                
     I believe the letter suggested  that he should check to                                                                    
     see if there  were any ethical violations.   The letter                                                                    
     certainly  didn't say  that  the  [Select Committee  on                                                                    
     Legislative  Ethics]  had  found that  there  were  any                                                                    
     ethical  violations.     It  said,  "We've   got  these                                                                    
     complaints -  you might want  to check this out  to see                                                                    
     if   there's   any   ethical  ramifications   to   this                                                                    
     representation."  And that's all the letter said.                                                                          
                                                                                                                                
Number 1545                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA said:                                                                                                       
                                                                                                                                
     Let  me ask  the Chairman's  permission.   When I  came                                                                    
     here,  this  hearing  was  noticed  as  a  confirmation                                                                    
     hearing.  I didn't realize  that we were going to spend                                                                    
     so much time looking into the  Ron Irwin case.  But now                                                                    
     I  have questions  about the  Ron Irwin  case so  I can                                                                    
     understand everybody's  concerns about that case.   So,                                                                    
     ... I have  a few questions that I'd like  to direct at                                                                    
     Mr. Popely.                                                                                                                
                                                                                                                                
CHAIR SEEKINS said:                                                                                                             
                                                                                                                                
     Well,  why don't  we finish  with  Mr. Cook,  here.   I                                                                    
     mean, the  reason that  we are  bringing ...  this case                                                                    
     in,  I  believe,   has  to  do  with  the   --  we  are                                                                    
     considering   the   confirmations  and   the   actions,                                                                    
     probably, of  some the  folks that are  in front  of us                                                                    
     for confirmation  [in regard] to this  particular case.                                                                    
     And  while it's  a  little broader  than  maybe it  was                                                                    
     noticed, I think  it's -- rather than  getting too much                                                                    
     more  into  this line  with  Mr.  Popely, I'd  like  to                                                                    
     address  the  folks  who've  traveled  here  today  for                                                                    
     confirmation and  any particular  concerns we  may have                                                                    
     with that  process, if  we could.   And we  can reserve                                                                    
     some  time  toward the  end,  if  you'd like,  for  Mr.                                                                    
     Popely.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA said:                                                                                                       
                                                                                                                                
     That would be fine.  Then  I do have some questions for                                                                    
     Mr. Cook.   Thank you,  Mr. Cook.   And I  didn't study                                                                    
     the Ron  Irwin decision  on my way  coming in  here, so                                                                    
     with  so  many  questions   focusing  on  the  findings                                                                    
     against  Mr. Irwin,  I  guess  if I  could  ask you  to                                                                    
     summarize   the   [Select  Committee   on   Legislative                                                                    
     Ethics's]  conclusions and  the legal  basis for  them,                                                                    
     that would  help me understanding whether  or not there                                                                    
     are valid concerns about those findings.                                                                                   
                                                                                                                                
MR. COOK noted  that since the [case] had already  been through a                                                               
public hearing, there was no  longer the need for confidentiality                                                               
that there would have been  otherwise; therefore, he remarked, he                                                               
could talk  about most  of what happened,  though perhaps  not so                                                               
much about [the Select Committee on Legislative Ethics's]                                                                       
deliberations.  He said:                                                                                                        
                                                                                                                                
     The case  arose when  Fran Ulmer made  a speech  out in                                                                    
     Eagle  River   presenting  her   fiscal  plan,   to  be                                                                    
     implemented if she were elected  governor.  In response                                                                    
     to  that, Ron  Irwin  was  contacted by  Representative                                                                    
     Mulder -  and he  was the Senate-side  press secretary,                                                                    
     but  he was  contacted by  Representative Mulder  - who                                                                    
     said,  "We have  a  response to  that  planned for  the                                                                    
     Republican Party headquarters."   And he was asking Ron                                                                    
     to  set  that  up.    Well,  Ron  Irwin  --  there  was                                                                    
     considerable   discussion  about   who  was   going  to                                                                    
     participate in  it, and ...  Ron Irwin decided  that it                                                                    
     was   a   legislative  response   to   [then-Lieutenant                                                                    
     Governor] Ulmer's [speech], so it  was okay for that to                                                                    
     be held in the Legislative Information Office [LIO].                                                                       
                                                                                                                                
Number 1391                                                                                                                     
                                                                                                                                
     Quite frankly, what happened was  that we began getting                                                                    
     calls   about  that   -   the   [Select  Committee   on                                                                    
     Legislative   Ethics]  -   as  to   whether  this   was                                                                    
     appropriate to be  holding this in the LIO.   Staff and                                                                    
     I took a  look at it, decided that  Fran Ulmer's speech                                                                    
     was  clearly  a  political campaign  speech,  this  was                                                                    
     clearly a  political response  - wasn't  appropriate to                                                                    
     hold it in the LIO -  and a letter was sent saying this                                                                    
     is probably  something that should  not be  held there.                                                                    
     And it wasn't; it was changed.                                                                                             
                                                                                                                                
     Then  we got  a complaint,  afterwards, that  ... state                                                                    
     resources should  never have been  use to set it  up or                                                                    
     to plan  it there  in the  first place.   That  was the                                                                    
     complaint  we  dealt with,  and  all  the way  through.                                                                    
     And, ultimately,  the [Select Committee  on Legislative                                                                    
     Ethics] decided  that minimal though  they had  been in                                                                    
     the sense  of using the  state e-mail to  schedule this                                                                    
     thing  and  so on,  that  there  had been  a  technical                                                                    
     violation.  But  it had been corrected.   No sanctions.                                                                    
     And  that was  our  initial finding.    Then Ron  Irwin                                                                    
     wanted that  to be the  subject of [a]  public hearing;                                                                    
     we  went through  a  public  hearing and,  essentially,                                                                    
     upheld that decision.                                                                                                      
                                                                                                                                
MR. COOK continued:                                                                                                             
                                                                                                                                
     There was  considerable evidence taken  as to a  lot of                                                                    
     things,  some  of  which was  what  were  Fran  Ulmer's                                                                    
     duties  ..., as  lieutenant  governor,  with regard  to                                                                    
     presenting fiscal  plans.  And there  was some evidence                                                                    
     that  that  wasn't part  of  her  job duties,  ...  and                                                                    
     [that] it was clearly a  campaign speech out there.  It                                                                    
     was  talking  about what  would  happen,  ... not  what                                                                    
     would   happen  within   the  administration   she  was                                                                    
     currently working  with, but what would  happen under a                                                                    
     future administration if she won.   So, in essence, the                                                                    
     [Select Committee  on Legislative  Ethics] drew  a line                                                                    
     and said even though  "partisan political activity" may                                                                    
     be a little hard to  define, holding a press conference                                                                    
     using  state  facilities  in   response  to  a  clearly                                                                    
     campaign speech is crossing the line.                                                                                      
                                                                                                                                
Number 1287                                                                                                                     
                                                                                                                                
MR. COOK went on to say:                                                                                                        
                                                                                                                                
     Now,  Senator Torgerson,  who some  of  you heard  from                                                                    
     before at  the LAA hearing, wrote  a dissenting opinion                                                                    
     to our  opinion, and he  raised a question a  number of                                                                    
     times.  And  I think he raised it in  that LAA hearing.                                                                    
     He  said,  "Does that  mean  that  a legislature  can't                                                                    
     answer   questions  to   constituents  about   campaign                                                                    
     matters  if   the  constituent  calls  them   at  their                                                                    
     legislative  office?"   For  example,  if somebody  had                                                                    
     called  a legislator  ... to  ask  questions about  the                                                                    
     speech given  by Fran Ulmer  out in Eagle  River, would                                                                    
     it be  inappropriate for the legislator  to answer that                                                                    
     question.                                                                                                                  
                                                                                                                                
     And  we  said  four  or five  times  in  that  hearing,                                                                    
     "That's not  what the [Select Committee  on Legislative                                                                    
     Ethics]  is addressing."    That's not  a  problem.   A                                                                    
     legislator can always  answer constituent questions, no                                                                    
     matter  what the  subject matter,  if a  constituent is                                                                    
     calling them  in their legislative  office.   There are                                                                    
     certain  campaign things  they  can't do.   But  that's                                                                    
     considerably different from  calling a press conference                                                                    
     in response,  and so that  was where we broke  with the                                                                    
     difficulty of  "partisan political activity."   A press                                                                    
     conference was felt to have  been definitely a partisan                                                                    
     political  response to  a campaign  activity.   But  we                                                                    
     certainly  didn't  try  to  place  any  limits  on  the                                                                    
     ability  of a  legislator  to  respond to  constituents                                                                    
     about any subject matter.                                                                                                  
                                                                                                                                
REPRESENTATIVE GARA said:                                                                                                       
                                                                                                                                
     Thank you,  Mr. Cook; that explains  the first question                                                                    
     I had.   So,  in essence,  we have  Lieutenant Governor                                                                    
     Ulmer  running  for  governor;  she  gives  a  campaign                                                                    
     speech;  we  have  certain members  of  the  Republican                                                                    
     Party who want  to respond to her  campaign speech; and                                                                    
     the ruling, in essence, was  that they were not allowed                                                                    
     to  use state  resources  to essentially  throw back  a                                                                    
     campaign  salvo against  what  was  a campaign  speech.                                                                    
     And  ... so,  ...  the legal  lynchpin,  the rule  that                                                                    
     would have  been violated by  that had they  used state                                                                    
     office  space to  do that,  that's this  rule governing                                                                    
     "partisan political activity?"                                                                                             
                                                                                                                                
Number 1186                                                                                                                     
                                                                                                                                
MR. COOK replied:                                                                                                               
                                                                                                                                
     Right.    Can't  use   state  resources  for  "partisan                                                                    
     political activity."   Now, there are  some real ironic                                                                    
     aspects to that law.   For example, in our hearings, it                                                                    
     became  clear  to  us  [in   the  Select  Committee  on                                                                    
     Legislative Ethics] that  both the legislative majority                                                                    
     and  the  minority have  press  secretaries.   And  the                                                                    
     press secretaries'  responsibility is  to make  ... the                                                                    
     legislative  members of  particular parties  look good.                                                                    
     And  the question  was  raised,  "Isn't that  'partisan                                                                    
     political  activity'  in  and   of  itself?"    And  it                                                                    
     probably is.  [It's a]  tough question.  So, ... that's                                                                    
     where there are some  things the legislature might want                                                                    
     to  look  at.   You've  prohibited  partisan  political                                                                    
     activities   and  yet   you  employ   people  who   are                                                                    
     specifically paid by state resources to perform those.                                                                     
                                                                                                                                
SENATOR THERRIAULT said:                                                                                                        
                                                                                                                                
     I think  that is  why ... Senator  Torgerson dissented.                                                                    
     And I  think that's why  there's been concern,  here in                                                                    
     the legislature, on the structure  of the statutes, the                                                                    
     definitions  of  the  statutes,   and  ...,  from  this                                                                    
     particular case, what  we might do to  clarify and draw                                                                    
     the lines in  a brighter manner.  Mr.  Chairman, I know                                                                    
     that  generally, we  have names  that are  proposed for                                                                    
     different commissions and we look  at the resume and we                                                                    
     look  at a  person's  work history,  and hopefully  ...                                                                    
     whoever's  suggested  the name  has  looked  to see  if                                                                    
     there's DWI  [driving while intoxicated]  violations or                                                                    
     ... criminal history.                                                                                                      
                                                                                                                                
     But when we  have instances like this,  where we've got                                                                    
     members whose  names are  proposed and  we can  look at                                                                    
     the history - similar to  the Board of Fish nominations                                                                    
     that we've gotten,  there's very controversial decision                                                                    
     made recently - that I  think that when the overview is                                                                    
     done,  there   are  going  to  be   questions  on  that                                                                    
     particular  meeting  and  the decision  -  the  thought                                                                    
     process -  and so I  don't think that  asking questions                                                                    
     of a  particular case,  here, is out  of line  for this                                                                    
     hearing today.                                                                                                             
                                                                                                                                
Number 1098                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT continued:                                                                                                   
                                                                                                                                
     I think what I've discerned  from the discussion so far                                                                    
     is, Mr.  Cook, ...  he says,  "We've got  the statutes,                                                                    
     ... there  might be some  structural problems  with the                                                                    
     statutes,  but that's  what ...  we felt  that we  were                                                                    
     bound to and  we try to stick to those  statutes."  And                                                                    
     I applaud  him for that.   The  issue, though -  I just                                                                    
     want  to  go  back  -   weren't  there  also  some  ...                                                                    
     campaigning-activity charges that  were leveled in this                                                                    
     case, too?   And  the [Select Committee  on Legislative                                                                    
     Ethics]  committee  decided  to  dismiss  them,  didn't                                                                    
     they?  Weren't  there a number of  allegations, and the                                                                    
     campaigning stuff was dismissed.                                                                                           
                                                                                                                                
MR. COOK replied:                                                                                                               
                                                                                                                                
     That's  one area  of the  statute  that could  probably                                                                    
     stand  to be  cleaned up  a little  bit; ...  there's a                                                                    
     section   that   ...   mentions   "partisan   political                                                                    
     activity"  and  then  mentions "campaign"  down  below.                                                                    
     And  the  committee  ended   up  proceeding  under  the                                                                    
     "partisan  political   activity"  as  opposed   to  the                                                                    
     "campaign".   We  weren't in  the campaign  period, and                                                                    
     the person  running for office --  the campaigning part                                                                    
     of  it  seemed  to  apply  to  candidates  running  for                                                                    
     office.    Ron Irwin  wasn't  a  candidate running  for                                                                    
     office,  so  the  campaigning part  was  not  proceeded                                                                    
     with.     It   was   under   the  "partisan   political                                                                    
     [activity]".                                                                                                               
                                                                                                                                
SENATOR  THERRIAULT said,  "That's  one of  the  things that  was                                                               
confusing to me ...:  if this  was a an activity to influence ...                                                               
then-Lieutenant Governor Ulmer's campaign,  if the campaign stuff                                                               
was all dismissed ..."                                                                                                          
                                                                                                                                
MR. COOK said, "I think the committee looked at the campaign                                                                    
portion of the statute as applying to people who are campaigning                                                                
for office themselves ..., and that's why that dropped out."                                                                    
                                                                                                                                
Number 0971                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT said:                                                                                                        
                                                                                                                                
     Then the other  thing just deals with  the vagueness of                                                                    
     the term "partisan political activity".   In my earlier                                                                    
     comments, I  said that  from the  way I  remembered the                                                                    
     discussion when  the law  was passed,  ... if  you were                                                                    
     sending  out campaign  brochures or  having your  staff                                                                    
     answer  ...  campaign  calls in  your  office,  it  was                                                                    
     clearly out  of line.   A part  of the problem  here is                                                                    
     that  we, as  sitting legislators,  when we  get to  an                                                                    
     election year, we  wear multiple hats.  And  so, at any                                                                    
     given  time,  am  I  ... Senator  Therriault  or  am  I                                                                    
     candidate Therriault?                                                                                                      
                                                                                                                                
     And  it becomes  difficult where  to draw  the line  on                                                                    
     those two  things.   So, was  there any  discussion [by                                                                    
     the  Select  Committee   on  Legislative  Ethics]  just                                                                    
     saying basically,  "This issue has been  brought to us,                                                                    
     but with the  definition that we have in  statute - the                                                                    
     lack  of definition  in  statute -  we  can't render  a                                                                    
     decision?"  And it wouldn't  be unusual for the courts,                                                                    
     at times, to render a  section of statute inoperable on                                                                    
     a particular set of circumstances  in a case brought to                                                                    
     it, I think, due to their vagueness.                                                                                       
                                                                                                                                
MR. COOK replied:                                                                                                               
                                                                                                                                
     I  think  the  majority  of the  [Select  Committee  on                                                                    
     Legislative Ethics]  equated this more closely  to what                                                                    
     you  said before:    You cannot  use  your office,  you                                                                    
     cannot use your equipment  - state-provided equipment -                                                                    
     for  campaigning.    And  we felt  that  -  I  believe,                                                                    
     speaking  for  the  [Select  Committee  on  Legislative                                                                    
     Ethics]  - that  this  fell clearly  enough into  that,                                                                    
     that it  was clearly  enough a campaign  response, that                                                                    
     you  couldn't use  ... state  facilities  or the  state                                                                    
     communication system ....                                                                                                  
                                                                                                                                
     Representative Mulder  was probably right in  the first                                                                    
     place when  he called  Ron Irwin  and said  ..., "We're                                                                    
     going  to   do  this   response  at   Republican  Party                                                                    
     headquarters."   That's  where  the  committee felt  it                                                                    
     should have been  done.  But with Ron  Irwin's help, it                                                                    
     got  steered  into   the  ...  Legislative  Information                                                                    
     Office, which  was, in  a sense,  akin to  a legislator                                                                    
     using  his   private  office  to  do   actual  campaign                                                                    
     activity.  So I don't think  it was that -- ... I think                                                                    
     we  were able  to  draw  that line,  here,  but we  can                                                                    
     certainly see  a lot of  other ... arenas in  which the                                                                    
     "partisan political activity" could be tightened up.                                                                       
                                                                                                                                
Number 0847                                                                                                                     
                                                                                                                                
SENATOR   THERRIAULT  remarked   that   Mr.  Cook's   explanation                                                               
clarified things  for him, since  he'd been under  the impression                                                               
that the campaign charges had simply been dismissed.                                                                            
                                                                                                                                
MR. COOK reiterated  that because Ron Irwin was  not a candidate,                                                               
the  [Select Committee  on Legislative  Ethics] did  not consider                                                               
the offense to be a campaign activity.                                                                                          
                                                                                                                                
SENATOR THERRIAULT noted  that Mr. Irwin, as  press secretary, is                                                               
simply a  technician.  He  elaborated:  "I  say, 'Set up  a press                                                               
conference,'  and he  makes the  calls to  make it  happen.   The                                                               
content of the press ... release,  the content of what I say when                                                               
I step to the  microphone is my call.  All he does  is set up the                                                               
workings."                                                                                                                      
                                                                                                                                
MR. COOK responded:                                                                                                             
                                                                                                                                
     It was  very difficult for  us to figure out  the lines                                                                    
     of  authority  under  which   Mr.  Irwin  was  working,                                                                    
     because  he was  employed by  the Senate,  contacted by                                                                    
     the House  and other people,  and it was very  murky as                                                                    
     to  how   this  got   changed  from   Republican  Party                                                                    
     headquarters to the LIO, but,  clearly, Mr. Irwin was a                                                                    
     player in  making that  change - a  little more  than a                                                                    
     technician.                                                                                                                
                                                                                                                                
SENATOR  THERRIAULT  pointed  out  that,  ultimately,  the  venue                                                               
chosen by  Mr. Irwin would  have had to  have been approved  by a                                                               
legislator.   He noted  that Mr. Popely's  letter was  dated just                                                               
before Christmas, a  time of flux for  legislative leadership; he                                                               
surmised  that the  timing of  the letter  probably added  to the                                                               
confusion of the issues.                                                                                                        
                                                                                                                                
MR.  COOK remarked  that all  parties were  under a  lot of  time                                                               
pressure.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS  thanked Mr.  Cook, and  indicated that  they would                                                               
next hear  from Shirley McCoy.   He  asked Ms. McCoy  to identify                                                               
herself and give the committees an opening statement.                                                                           
                                                                                                                                
Number 0718                                                                                                                     
                                                                                                                                
SHIRLEY  A. McCOY,  Appointee,  Select  Committee on  Legislative                                                               
Ethics, introduced herself.  She said:                                                                                          
                                                                                                                                
     I'm Shirley McCoy,  I live here in Juneau,  I've been a                                                                    
     resident of Juneau for approximately  13 years, [and I]                                                                    
     moved over here after having  lived about 26 years [in]                                                                    
     Sitka, Alaska.  [I]  was involved pretty extensively in                                                                    
     city politics  while I was  in the Sitka area,  and was                                                                    
     appointed  to  the  [Select  Committee  on  Legislative                                                                    
     Ethics], as  it was newly formed,  shortly after coming                                                                    
     to Juneau.                                                                                                                 
                                                                                                                                
MS. McCOY went on to say:                                                                                                       
                                                                                                                                
     So, I  ... guess I'm  the only surviving  - [chuckling]                                                                    
     and I use that term  loosely - member of the originally                                                                    
     re-established   [Select   Committee   on   Legislative                                                                    
     Ethics]  that  you have  that  was  adopted to  have  a                                                                    
     majority of  public members versus  legislative members                                                                    
     on it.   As to  why I'd  even be interested  in serving                                                                    
     another term is a really  good question right about now                                                                    
     [chuckling].  One of the  things that comes to mind is,                                                                    
     you need somebody with common  sense, and if I'm not on                                                                    
     [Select  Committee on  Legislative Ethics],  you've got                                                                    
     [an] overrun of attorneys [chuckling].                                                                                     
                                                                                                                                
[Some members  of the committees  laughed and  offered additional                                                               
joking comments.]                                                                                                               
                                                                                                                                
MS. McCOY continued:                                                                                                            
                                                                                                                                
     I  was  basically  asked to  consider  having  my  name                                                                    
     resubmitted for the fact that  I have more history than                                                                    
     a  lot  of  our  members.    We've  had  a  substantial                                                                    
     turnover in the  last few years, and that  in itself is                                                                    
     one reason.  You know  yourself, if you've been in your                                                                    
     position, how  difficult it is sometimes  when you have                                                                    
     a turnover  of staff or  committee members, you  end up                                                                    
     almost reinventing  the wheel each  time.  So  there is                                                                    
     something to  be said about the  historical experience,                                                                    
     I guess.  That's pretty much it.                                                                                           
                                                                                                                                
SENATOR OGAN said, "I can't resist this one ...:  Are you saying                                                                
that having attorneys on an ethics committee is an oxymoron?"                                                                   
                                                                                                                                
[Some members of the committees laughed.]                                                                                       
                                                                                                                                
MS. McCOY answered, "I usually say, 'Actually, having a                                                                         
legislative ethics committee is an oxymoron,'" and laughed too.                                                                 
                                                                                                                                
[Some members of the committees laughed and made additional                                                                     
joking comments.]                                                                                                               
                                                                                                                                
Number 0552                                                                                                                     
                                                                                                                                
CHAIR McGUIRE thanked Ms. McCoy for coming and for her years of                                                                 
public service.  She went on to say:                                                                                            
                                                                                                                                
     I'll  say the  same thing  I said  to Mr.  Cook, and  I                                                                    
     don't say  it lightly.   I think  it's a big  deal, the                                                                    
     commitment that members of the  public make to serve on                                                                    
     these boards without compensation -  and a whole lot of                                                                    
     grief.  So, thank you.   I remained concerned about the                                                                    
     process.  Ron  Irwin's case happens to be  the one that                                                                    
     came  up; as  Representative Gara  pointed out,  we are                                                                    
     spending a lot of time talking  about it.  I think that                                                                    
     happens a  lot, when you've  got a committee set  up to                                                                    
     do  a job  and  there  isn't a  lot  of precedence  out                                                                    
     there.   When it does  do its job, people  start taking                                                                    
     notice of  how it's doing  it, and what  procedures are                                                                    
     in place,  and those kinds of  things.  So, I  hope you                                                                    
     don't feel that  we're attacking you; I  really want to                                                                    
     understand [what happened].                                                                                                
                                                                                                                                
     One of  my concerns --  there are two  different things                                                                    
     in the  public transcript that  concern me, and  I just                                                                    
     want  to   understand,  having   sat  on   the  [Select                                                                    
     Committee  on  Legislative  Ethics], what  you  believe                                                                    
     your role to be in terms  of the procedures.  There are                                                                    
     two  different portions  of the  proceedings that  took                                                                    
     place.  One  was a probable cause hearing.   And I want                                                                    
     to know,  or understand from  you, what you  believe to                                                                    
     be a  probable cause  hearing versus the  actual public                                                                    
     hearing itself,  as it's been explained  to you, either                                                                    
     via  the  committee guidelines  that  you  have or  the                                                                    
     Administrative [Procedure] Act.                                                                                            
                                                                                                                                
MS. McCOY replied:                                                                                                              
                                                                                                                                
     If  I understood  you correctly,  the  ethics code  has                                                                    
     very strict guidelines  that we have to  adhere to, and                                                                    
     when we have a complaint  that's filed, the first thing                                                                    
     that we have to look  at is, was it filed appropriately                                                                    
     - is  it notarized, is  it signed.  The  public person,                                                                    
     who  is  normally  the  one  that's  filing  an  ethics                                                                    
     complaint,  is  not  expected  to  have  the  level  of                                                                    
     expertise that  you would have.   In other  words, they                                                                    
     don't  have to  list a  code  that they  feel is  being                                                                    
     violated.                                                                                                                  
                                                                                                                                
Number 0402                                                                                                                     
                                                                                                                                
     When  the  legislators set  up  the  ethics code,  they                                                                    
     pretty much  left it  open for  public members  to have                                                                    
     that freedom  to come and  present a  complaint without                                                                    
     feeling  that  they  were  going  to  be  chastised  or                                                                    
     questioned  or ridiculed.  ...  They  pretty much  gave                                                                    
     them an open  book.  They can -- a  person can actually                                                                    
     read  a newspaper  article, and  say, "I  think there's                                                                    
     been an  ethics violation,"  and file a  complaint with                                                                    
     that newspaper article attached.                                                                                           
                                                                                                                                
     So, you have given the  public pretty much free rein to                                                                    
     file   an  ethics   complaint.     There's  been   some                                                                    
     considerable discussion  as to ... should  that process                                                                    
     be changed.   That in  itself is debatable  because the                                                                    
     one thing you  don't want to do is cut  off the public.                                                                    
     You don't  want to  make them feel  it is  difficult to                                                                    
     file a complaint; you want  them to feel that they have                                                                    
     access and they have a hearing.                                                                                            
                                                                                                                                
CHAIR McGUIRE posited that she was unclear in her question.  She                                                                
said she agrees with what Ms. McCoy is saying and does not want                                                                 
to change that [aspect of the process].  She elaborated:                                                                        
                                                                                                                                
     I think  that is the beauty  of it.  We  should be held                                                                    
     to  the highest  ethical  standards and  so should  our                                                                    
     employees.    You  ought  to   be  able  to  bring  the                                                                    
     complaint based on what want.   But, then, what I'm now                                                                    
     asking is  -- your  job, as a  committee member,  is to                                                                    
     determine  probable cause  before  you go  on the  next                                                                    
     step.   And I'm asking  you what your  understanding of                                                                    
     that is.                                                                                                                   
                                                                                                                                
MS. McCOY, in response, continued with her explanation of the                                                                   
process:                                                                                                                        
                                                                                                                                
     Then  you investigate  the allegations.   You  see what                                                                    
     their  complaint is,  based on  what the  statutes say.                                                                    
     You try to  line up a statute that  would address that.                                                                    
     And, ultimately, you start an  investigation.  You talk                                                                    
     with people  that are involved.   You send a  letter to                                                                    
     the person  that the  complaint's filed  against, first                                                                    
     of all.  Normally they  contact you post-haste.  So you                                                                    
     start a  process of inquiring  - getting  information -                                                                    
     talking to  anyone that has  an involvement in  it, and                                                                    
     you try  to do this,  as much as possible,  holding the                                                                    
     confidentiality  of  the  person that  the  complaint's                                                                    
     filed against.                                                                                                             
                                                                                                                                
Number 0242                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE asked:   "How  do you  compare the  probable cause                                                               
portion of the hearing to the  actual hearing itself - the actual                                                               
portion of  the trial,  if you  will, [or]  quasi-criminal trial,                                                               
however you want to call it ...?  How do you compare those two?"                                                                
                                                                                                                                
MS. McCOY replied:                                                                                                              
                                                                                                                                
     It's pretty  much as  most of  you have  indicated; you                                                                    
     wear different  caps. ...  You put  a different  cap on                                                                    
     [and] you're  in a different  ball game at  this point.                                                                    
     The probable  cause situation is  now behind you.   You                                                                    
     appoint  a hearing  officer.   Each party  has counsel.                                                                    
     The [Select Committee on  Legislative Ethics] has their                                                                    
     counsel.  The person that's  before us, if they desire,                                                                    
     have their own  counsel.  The hearing  officer is there                                                                    
     to  make sure  that the  process runs  smoothly and  to                                                                    
     establish  the guidelines,  but,  ultimately, it's  the                                                                    
     [Select Committee  on Legislative  Ethics] that  is the                                                                    
     determining ...                                                                                                            
                                                                                                                                
CHAIR McGUIRE interjected to say, "You become the jury."                                                                        
                                                                                                                                
MS. McCOY said, "Exactly; it's pretty much the same as a grand                                                                  
jury type of hearing."                                                                                                          
                                                                                                                                
CHAIR McGUIRE said:                                                                                                             
                                                                                                                                
     My concern, Ms. McCoy --  you've answered it exactly as                                                                    
     I would  have hoped, because  I believe that  those are                                                                    
     two very distinct parts of  the hearing process itself.                                                                    
     Again, not  to compare  it to  criminal, but  it's much                                                                    
     like  making  that  ...   initial  indictment  or  that                                                                    
     [initial] charge - however you  want to call that prior                                                                    
     decision -  but distinct from  the process that  a jury                                                                    
     or a committee would go  through in eliciting facts and                                                                    
     looking at evidence, through  the [hearing] officer, to                                                                    
     then ultimately make a decision.                                                                                           
                                                                                                                                
Number 0122                                                                                                                     
                                                                                                                                
     My  concern,  in  reading  over   some  of  the  public                                                                    
     testimony  - transcript,  pardon  me -  is  there is  a                                                                    
     point  in  the actual  hearing  where  ... Mr.  Irwin's                                                                    
     attorney offered  into evidence - through  the hearings                                                                    
     officer,  who  is  the  decision  maker  over  what  is                                                                    
     admitted or not - made  a motion to enter into evidence                                                                    
     a series of press releases.   Press releases that would                                                                    
     show a comparison of the  types of activities that were                                                                    
     normally conducted by himself  during similar points in                                                                    
     time.                                                                                                                      
                                                                                                                                
     And  the  statement  that you  made  after  the  motion                                                                    
     failed -- you were the  only person to vote against the                                                                    
     motion,  which isn't  up for  question right  now -  at                                                                    
     all.  Please understand that.   It's what you said that                                                                    
     disturbed me,  and I'd just  like to hear  some comment                                                                    
     about  it.   You  said,  "Apparently,  the motion  will                                                                    
     fail, but this  is my thinking:  we  heard his argument                                                                    
     prior  to  making our  probable  cause  findings, so  I                                                                    
     don't  know  that  he would  present  anything  new  or                                                                    
     different  than  we've  already heard  before."    That                                                                    
     concerns me and I ... really want to hear ...                                                                              
                                                                                                                                
MS. McCOY interjected with the following:                                                                                       
                                                                                                                                
     Well,  we  were  talking  about the  specifics  of  the                                                                    
     newspaper clippings  that he  wanted to  bring in.   We                                                                    
     already had  a copy  of those  in front  of us,  so I'd                                                                    
     already read through them.   I think my thinking at the                                                                    
     time was  that they  really ... had  no bearing  on the                                                                    
     case, at  any portion, because we  weren't dealing with                                                                    
     what  had  happened  in another  situation.    We  were                                                                    
     dealing  with an  ethics violation  that was  before us                                                                    
     right  now,  on  one situation.    Historical  evidence                                                                    
     [didn't  change the  code].   [The preceding  bracketed                                                                    
     portion was  not on tape,  but taken from the  Gavel to                                                                    
     Gavel recording on the Internet.]                                                                                          
                                                                                                                                
TAPE 03-13, SIDE A [House JUD tape]                                                                                         
Number 0001                                                                                                                     
                                                                                                                                
MS. McCOY continued:                                                                                                            
                                                                                                                                
     It didn't give  us freedom to say, "Oh,  well, this has                                                                    
     been done  in the past, so  that's the way we'll  do it                                                                    
     now.   So the newspaper  articles - or the  clippings -                                                                    
     that he wanted to bring  into evidence were obsolete as                                                                    
     far as I was concerned.                                                                                                    
                                                                                                                                
CHAIR McGUIRE said:                                                                                                             
                                                                                                                                
     It's an  interesting job that  we're tasked  with right                                                                    
     here.  And  those of us who will be  pushing the button                                                                    
     on the  floor, in  a way,  we're asking  whether you're                                                                    
     qualified to  be a member  of the [Select  Committee on                                                                    
     Legislative  Ethics]; in  a way,  we're asking  whether                                                                    
     you're qualified to be a  judge; in a way, we're asking                                                                    
     you whether you're  qualified to be a member  of a jury                                                                    
     - passing judgment on your peers.                                                                                          
                                                                                                                                
     And it's a real interesting  question, and I only bring                                                                    
     it out because I think this  ... gets right back to ...                                                                    
     why  I think  this  process is  so flawed.    But as  a                                                                    
     member of a  jury, it did concern me to  read that your                                                                    
     thinking was  that you had already  addressed a subject                                                                    
     during  a probable  cause hearing  and, therefore,  any                                                                    
     new facts or any new  evidence that were being offered,                                                                    
     in your  mind, should  be dismissed.   Because  I would                                                                    
     ...                                                                                                                        
                                                                                                                                
MS. McCOY interjected to say:   "No, I think you're stretching my                                                               
thinking and  the terminology when  you say, 'any  new evidence,'                                                               
because it was not new evidence;  it was evidence that we already                                                               
had before  us that I didn't  feel was pertinent to  what we were                                                               
dealing with at the time."                                                                                                      
                                                                                                                                
Number 0131                                                                                                                     
                                                                                                                                
CHAIR McGUIRE said:                                                                                                             
                                                                                                                                
     And then I  just have one final question,  and that is,                                                                    
     again,  just  looking  at conduct/character  of  things                                                                    
     that are said.   I say things I don't  mean, a lot; you                                                                    
     could write a  whole chapter on it.  There  was a point                                                                    
     in your testimony  where you looked at  Mr. Erwin prior                                                                    
     to the  probable cause hearing  and you said -  oh, you                                                                    
     pointed to  a hook in the  ceiling - you said,  "Do you                                                                    
     see that  hook?   That's the hook  that we're  going to                                                                    
     hang you  from."   And I just  wanted your  response to                                                                    
     that particular statement.                                                                                                 
                                                                                                                                
MS. McCOY  replied, "I  have no  idea."  She  asked of  Mr. Cook,                                                               
"Did  I make  a  statement like  that?"   Turning  back to  Chair                                                               
McGuire, she said,  "I have no idea what you're  referring to and                                                               
-- what time was this supposed to have taken place?"                                                                            
                                                                                                                                
CHAIR McGUIRE said,  "Prior to the probable cause  hearing."  She                                                               
then  asked  Mr.   Popely  whether  he  could   testify  to  that                                                               
statement.                                                                                                                      
                                                                                                                                
MR. POPELY said:  "It sounds  vaguely familiar, but I really -- I                                                               
can't.  I  think Ron mentioned that was in  the transcripts being                                                               
reviewed,  at one  point; he'd  probably  be a  better person  to                                                               
testify as to what's in them."                                                                                                  
                                                                                                                                
MS. McCOY said:                                                                                                                 
                                                                                                                                
     I  -- sorry,  I have  ... no  recollection of  making a                                                                    
     comment like that.   And, quite frankly,  Mr. Irwin and                                                                    
     I  joked back  and  forth on  a  couple of  situations.                                                                    
     There may have been  -- unfortunately, in a transcript,                                                                    
     you don't  get the  tone of a  person's voice  or their                                                                    
     comment.                                                                                                                   
                                                                                                                                
CHAIR  McGUIRE remarked,  "Again,  I believe  these hearings  are                                                               
very  serious  and  quasi-criminal  in nature,  and  I  was  just                                                               
concerned."                                                                                                                     
                                                                                                                                
MS. McCOY replied, "I am quite positive that that didn't take                                                                   
place in a hearing.  It might have taken place in ... another                                                                   
meeting with Mr. Irwin, but not in a public hearing."                                                                           
                                                                                                                                
CHAIR McGUIRE surmised, "So, if it took place, you didn't mean                                                                  
it and it was just a joke."                                                                                                     
                                                                                                                                
Number 0306                                                                                                                     
                                                                                                                                
MS. McCOY said:                                                                                                                 
                                                                                                                                
     I don't  remember making  the comment at  all.   And it                                                                    
     falls  outside of  my total  thinking,  over the  whole                                                                    
     process  anyway.   The only  thing that  I found  was -                                                                    
     that I  personally had  a problem with  - was  the fact                                                                    
     that Mr.  Irwin felt that it  even needed to come  to a                                                                    
     public hearing.   The [Select Committee  on Legislative                                                                    
     Ethics] had filed  no sanctions.  If we had  any way of                                                                    
     getting  out of  even going  through with  the probable                                                                    
     cause [hearing], we probably would.                                                                                        
                                                                                                                                
     And [Senator]  Therriault's earlier comments  about the                                                                    
     one portion  that was dropped, [it]  was basically done                                                                    
     after  a substantial  amount  of  discussion, where  we                                                                    
     felt we  found a loophole,  that we could get  out from                                                                    
     under that  one.  And  I'm sure you can  all appreciate                                                                    
     loopholes,  but none  of us  appreciated  the way  this                                                                    
     complaint was filed, the manner  in which it was filed,                                                                    
     and the timeframe in which it  was filed.  But we still                                                                    
     have a responsibility under the  code that we have been                                                                    
     authorized to deal  with, and we moved  forward as best                                                                    
     we could, given the tools that we had to work with.                                                                        
                                                                                                                                
CHAIR McGUIRE said, "Now I have a different concern; I'm                                                                        
concerned about your statement regarding his choice of having a                                                                 
public hearing."                                                                                                                
                                                                                                                                
MS. McCOY replied:                                                                                                              
                                                                                                                                
     Well,  your statements  in the  committee meeting  have                                                                    
     bordered this on  a criminal action.  This  was a minor                                                                    
     infraction and,  basically, didn't  take place  at all.                                                                    
     But  the  [Select   Committee  on  Legislative  Ethics]                                                                    
     established guidelines  from the very first  year, that                                                                    
     an attempt  to violate an  ethics code was the  same as                                                                    
     violating  it.   We've acted  under that  premise since                                                                    
     [the Select  Committee on Legislative Ethics]  has been                                                                    
     formed.   And the reason  for that  is to try  to limit                                                                    
     ethics  complaints.   So,  when  a  person attempts  to                                                                    
     violate  a ...  [code],  it's handled  pretty much  the                                                                    
     same  way, although  there's  no  sanctions because  it                                                                    
     didn't take place.                                                                                                         
                                                                                                                                
Number 0420                                                                                                                     
                                                                                                                                
CHAIR McGUIRE said, "I know you didn't mean to say that Mr.                                                                     
Irwin wouldn't be entitled to a full public hearing, should he                                                                  
choose to clear his name."                                                                                                      
                                                                                                                                
MS. McCOY replied, "Obviously, he was entitled to it; I just                                                                    
felt that it was minimal in the original charge, anyway."                                                                       
                                                                                                                                
SENATOR THERRIAULT said:                                                                                                        
                                                                                                                                
     I  think Senator  Torgerson, though,  tried to  impress                                                                    
     upon the  committees, even  though minor  infraction no                                                                    
     sanctions,  what the  potential  chilling effect  would                                                                    
     ...  be on  the workings  in  this building.   A  staff                                                                    
     person  performing  his  job  at  the  direction  of  a                                                                    
     legislator --  where do  we draw the  line, then?   And                                                                    
     then, the  next time  I ask my  staff to  do something,                                                                    
     the whole aspect of whether  we provide them with legal                                                                    
     representation:   "Oh,  yeah, boss?   What  if somebody                                                                    
     brings me  up on  charges?   You going  to be  there to                                                                    
     pick  up the  legal tab  for that?   Or  am I  left out                                                                    
     hanging to dry?"  On the  activity that I think most of                                                                    
     us can agree,  that part of the  political process that                                                                    
     we live  in, is  the bantering  back and  responding to                                                                    
     the things that  come up on a daily basis.   So, it may                                                                    
     have seemed to  be a very minor  infraction that tipped                                                                    
     this  whole  thing off,  but  the  consequences of  the                                                                    
     decision could be large.                                                                                                   
                                                                                                                                
MS. McCOY replied:                                                                                                              
                                                                                                                                
     I'm  sorry,  not  in  my   opinion.    With  maybe  one                                                                    
     exception, there  is no person  that's come  before the                                                                    
     [Select  Committee on  Legislative Ethics]  that's been                                                                    
     found even  guilty of a  violation that hasn't  ran for                                                                    
     reelection  and been  voted back  in their  office.   A                                                                    
     person coming up on ethics  charges [does] not [have] a                                                                    
     black mark on their political career.                                                                                      
                                                                                                                                
Number 0572                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT replied:   "That not what I'm  alleging.  It's                                                               
that - whether it causes  a problem for somebody, politically, in                                                               
the  future  - but  just  the  problems  that  it causes  in  the                                                               
process.                                                                                                                        
                                                                                                                                
MS. McCOY replied:                                                                                                              
                                                                                                                                
     And that's the  whole point in going  with the attempt,                                                                    
     is to keep  that from happening in the future.   In the                                                                    
     first place, Mr.  Irwin was not instructed  to call the                                                                    
     conference  and use  the  LIO.   That  was his  choice.                                                                    
     That was  not -- had  he done  what his boss  had asked                                                                    
     him  to do,  we would  have  never been  here, or  been                                                                    
     there.   It would  have just never  happened.   He made                                                                    
     the choice,  and the  [Select Committee  on Legislative                                                                    
     Ethics],  given the  code that  we have  to work  with,                                                                    
     determined  that  there  was probable  cause  and  that                                                                    
     there was an attempt to  violate the ethics code by the                                                                    
     actions that he  took.  We did it in  a manner that was                                                                    
     minimal to him,  but set out a clear  message to future                                                                    
     possibilities that  this was  not acceptable  under the                                                                    
     current ethics code.                                                                                                       
                                                                                                                                
SENATOR THERRIAULT remarked:                                                                                                    
                                                                                                                                
     If he had done what  he was originally instructed, that                                                                    
     would  have been  to  call a  press  conference at  the                                                                    
     Republican Party headquarters, I  would think that that                                                                    
     would  be  a huge  violation:    using state  time  and                                                                    
     energies   to    call   something   at    a   political                                                                    
     headquarters.                                                                                                              
                                                                                                                                
MS.  McCOY replied  it would  have been  at the  Republican Party                                                               
headquarters and not in state facilities.                                                                                       
                                                                                                                                
SENATOR THERRIAULT  argued that the legislature  would still have                                                               
used his time and his e-mail account to send out the notice.                                                                    
                                                                                                                                
Number 0687                                                                                                                     
                                                                                                                                
MS. McCOY  pointed out that she  did not know the  particulars of                                                               
Mr. Irwin's  job description.   "As Mr.  Cook said, this  was the                                                               
first  time  that  we'd  been   made  aware  that  there's  press                                                               
secretaries on both  sides that are paid to do  just exactly what                                                               
they have  to do for their  individual parties," she added.   She                                                               
posited, "Maybe  you're going to  have to isolate them  from this                                                               
"partisan political activity" statute; ... that's your decision.                                                                
                                                                                                                                
SENATOR  THERRIAULT   asked  her  to  offer   her  definition  of                                                               
"partisan political activity".                                                                                                  
                                                                                                                                
MS.  McCOY suggested  that  "partisan  political activity"  might                                                               
include  anything involving  a campaign  situation and/or  having                                                               
nothing to do with a person's legislative responsibilities.                                                                     
                                                                                                                                
CHAIR  SEEKINS noted  that  the committees  were  running out  of                                                               
time.   He expressed  appreciation to Mr.  Cook for  traveling to                                                               
the hearing and  to Mr. Popely for  attending via teleconference.                                                               
After  remarking  that  Ms.  McCoy's  hearing  was  strategically                                                               
planned  to be  last -  since she  was local  - he  asked her  to                                                               
return for further questioning at another time.                                                                                 
                                                                                                                                
SENATOR THERRIAULT asked  Chair Seekins if he wanted  a motion to                                                               
forward the names of the appointees.                                                                                            
                                                                                                                                
CHAIR  SEEKINS said,  "No,  I  think we're  going  to carry  [the                                                               
hearing] forward; there are issues  still remaining here and some                                                               
people that  have some questions  and haven't had  an opportunity                                                               
to present them ...."                                                                                                           
                                                                                                                                
REPRESENTATIVE GARA said:                                                                                                       
                                                                                                                                
     Mr.  Chair, there  was some  information  that came  up                                                                    
     during  this hearing  that I  was wondering  whether or                                                                    
     not you might  request so that we could see  it.  There                                                                    
     was  an allegation  about a  comment  that [Ms.  McCoy]                                                                    
     made about  hanging on a  hook, and I suppose  if we're                                                                    
     going to  charge her with  making that comment ...  - I                                                                    
     suppose if  we're going to  wonder out loud  whether or                                                                    
     not she made the comment - I'd like to see ..."                                                                            
                                                                                                                                
CHAIR SEEKINS interjected  to say, "We'll do that  and we'll look                                                               
at a couple of other things  that (indisc.) bring up for the next                                                               
time around."                                                                                                                   
                                                                                                                                
[The   House   Judiciary   Standing  Committee   considered   the                                                               
appointments of  Dennis "Skip"  Cook and  Herman G.  Walker, Jr.,                                                               
again  on   3/5/03;  the  Senate  Judiciary   Standing  Committee                                                               
considered the appointments  of Dennis "Skip" Cook  and Herman G.                                                               
Walker, Jr., again  on 3/5/03, and the appointment  of Shirley A.                                                               
McCoy again on 4/16/03.]                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 0788                                                                                                                     
                                                                                                                                
There being no further business before the committees, the joint                                                                
meeting between the House Judiciary Standing Committee and the                                                                  
Senate Judiciary Standing Committee was adjourned at 3:00 p.m.                                                                  

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