03/05/2003 02:25 PM House JUD
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ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 5, 2003
2:25 p.m.
MEMBERS PRESENT
Representative Lesil McGuire, Chair
Representative Tom Anderson, Vice Chair
Representative John Coghill
Representative Jim Holm
Representative Ralph Samuels
Representative Les Gara
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Select Committee on Legislative Ethics [Continued from 2/24/03]
Dennis "Skip" Cook - Fairbanks
Herman G. Walker, Jr. - Anchorage
- CONFIRMATIONS ADVANCED
Alaska Judicial Council
Bill Gordon - Fairbanks
- CONFIRMATION ADVANCED
Violent Crimes Compensation Board
Gerad G. Godfrey - Valdez
- CONFIRMATION ADVANCED
HOUSE BILL NO. 64
"An Act relating to court approval of the purchase of structured
settlements."
- HEARD AND HELD
PREVIOUS ACTION
BILL: HB 64
SHORT TITLE:PURCHASE OF STRUCTURED SETTLEMENTS
SPONSOR(S): REPRESENTATIVE(S)FOSTER
Jrn-Date Jrn-Page Action
01/27/03 0075 (H) READ THE FIRST TIME -
REFERRALS
01/27/03 0075 (H) STA, JUD
02/11/03 (H) STA AT 8:00 AM CAPITOL 102
02/11/03 (H) Heard & Held
MINUTE(STA)
02/20/03 (H) STA AT 8:00 AM CAPITOL 102
02/20/03 (H) Moved CSHB 64(STA) Out of
Committee
MINUTE(STA)
02/24/03 0283 (H) STA RPT CS(STA) 5DP 1NR 1AM
02/24/03 0283 (H) DP: GRUENBERG, HOLM, LYNN,
DAHLSTROM,
02/24/03 0283 (H) WEYHRAUCH; NR: BERKOWITZ; AM:
SEATON
02/24/03 0283 (H) FN1: ZERO(CED)
02/24/03 0283 (H) REFERRED TO JUDICIARY
03/03/03 (H) JUD AT 1:00 PM CAPITOL 120
03/03/03 (H) -- Meeting Canceled --
03/05/03 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
BILL GORDON, Appointee
Alaska Judicial Council (AJC)
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
GERAD G. GODFREY, Appointee
Violent Crimes Compensation Board (VCCB)
Valdez, Alaska
POSITION STATEMENT: Testified as appointee to the Violent
Crimes Compensation Board.
ACTION NARRATIVE
TAPE 03-16, SIDE A
Number 0001
CHAIR LESIL McGUIRE called the House Judiciary Standing
Committee meeting to order at 2:25 p.m. Representatives
McGuire, Anderson, Holm, Coghill, Samuels, Gara, and Gruenberg
were present at the call to order.
CONFIRMATION HEARINGS
Select Committee on Legislative Ethics
Number 0055
CHAIR McGUIRE announced that the committee would first consider
the appointments of Dennis "Skip" Cook and Herman G. Walker,
Jr., to the Select Committee on Legislative Ethics. [They,
along with Shirley A. McCoy, provided testimony on 2/28/03.]
Number 0103
REPRESENTATIVE SAMUELS made a motion to advance from committee
the nomination of Herman G. Walker, Jr., as appointee to the
Select Committee on Legislative Ethics. There being no
objection, the confirmation was advanced from the House
Judiciary Standing Committee.
Number 0110
REPRESENTATIVE SAMUELS made a motion to advance from committee
the nomination of Dennis "Skip" Cook as appointee to the Select
Committee on Legislative Ethics. There being no objection, the
confirmation was advanced from the House Judiciary Standing
Committee.
CHAIR McGUIRE reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees, and that the nominations are merely forwarded to the
full legislature for confirmation or rejection.
Alaska Judicial Council
Number 0165
CHAIR McGUIRE announced that the committee would next consider
the appointment of Bill Gordon to the Alaska Judicial Council.
Number 0191
BILL GORDON, Appointee, Alaska Judicial Council (AJC), in
response to the question of why he wants to serve on the AJC,
noted that the framers of the Alaska State Constitution provided
great authority to the AJC [for] the selection of Alaska's
judges. He remarked that according to the minutes of the Alaska
Constitutional Convention, it is quite clear that the framers
wanted to remove any partisanship or political machinations from
the selection process; hence the creation of the AJC, the duty
of which is to pass on to the governor the [names of the] most
qualified people applying for the position of judge. He noted
that while working for Governor Jay Hammond, he had an
opportunity to experience the selection process from the
"governor's point of view," and recognized at that time that the
governor was not given much latitude in the selection process
and that most of the decision was made at the AJC level, as was
the intent of the constitutional framers.
MR. GORDON indicated that because of his prior experience with
the selection process, he'd decided to make himself available to
Governor Murkowski for a position on the AJC. He noted that he
has lived in "all the of areas of the state and visited ... most
of the rural areas," and has become familiar with Alaska and its
people. He offered his belief he will be able to contribute to
the selection process in a meaningful way.
REPRESENTATIVE GARA opined that the AJC's selection process is a
good one: it weeds people out to make sure that only the names
of the most qualified people are forwarded to the governor. He
asked Mr. Gordon whether he is comfortable with that process or
disagrees with the AJC's role in that regard.
MR. GORDON said he did not disagree with the process. He
posited that there is probably lively debate among council
members about the definition of "most qualified," and about who
that might be. He noted that the AJC has a lot of tools to help
in the selection process: "the bar poll and the poll of public
safety people, the poll of social workers, and the interview
process, which all lend material for the [AJC] to debate." He
said he agrees with the concept that the most qualified should
"go up," though he again acknowledged that there may be some
disagreement about who that is. "That's certainly why the [AJC]
is there and why there are seven members," he added.
Number 0475
REPRESENTATIVE GARA asked Mr. Gordon whether he would be
imposing any political litmus tests on the candidates that come
before the AJC.
MR. GORDON indicated that the only criteria he would be looking
at would be honesty, integrity, judicial temperament, and
whether a candidate is hard working. He noted that he would be
attempting to discern these qualities from the polls, the
interview process, and discussions with other people. With
regard to the issue of judicial philosophy, he noted that he
himself is a moderate conservative and perhaps has "some bias
there." He mentioned that possibly the one litmus test he would
give to a judge candidate would be whether he/she is willing to
apply laws, rather than make laws.
REPRESENTATIVE SAMUELS thanked Mr. Gordon for volunteering. He
then remarked that the concept of "legislating from the bench"
gives him concern. He relayed that constituents have opined to
him that the "bar association members drove the train," and that
the public members got left a little bit behind. He asked Mr.
Gordon to comment.
MR. GORDON, after noting that the AJC consists of three bar
association members, three public members, and the chief justice
acting as an ex officio member, replied that if he were to serve
on the AJC, he certainly wouldn't intend for that to happen. He
added that he does have some experience in "these processes,"
and opined that he could hold his own. He ventured that in the
selection process, the polling processes are probably the most
political part, since they themselves are not completely devoid
of politics. He surmised that the three public members need to
be strong and look beyond, "who's helped who in the process of
litigating in the past."
REPRESENTATIVE GRUENBERG asked Mr. Gordon to describe what his
biases are in so far as they would affect his selection of
judicial candidates.
MR. GORDON explained that the bias he referred to earlier was
his expectation that the candidates ultimately selected as the
most qualified would stand out in the areas honesty, integrity,
judicial temperament, and willingness to work hard. He
reiterated that a candidate's philosophy on the issue of
applying law instead of making law would also be a factor in his
decision. He remarked that whether a candidate has liberal
philosophies versus conservative philosophies would be way down
on his list of factors to consider in making a selection.
Number 0763
REPRESENTATIVE GRUENBERG noted that a lot of court decisions in
Alaska follow what is called the common law - "decisional law
that is not codified." As a result, he continued, judges have
somewhat more discretion in determining the rule of substantive
law to be applied. In a large number of decisions, when there
isn't a specific statutory law nor any binding precedent,
[judges] can select the rule of law that is the most persuasive
in light of precedent, policy, and "something like ... 'common
sense' - it's from Guin v. Ha." He asked Mr. Gordon to share
his thoughts on "how they should exercise their discretion in
determining, in our relatively new state, what type of common
law to adopt in given cases. "Or would you leave that up to
them?" he asked.
MR. GORDON said that at this time, he could not speak to the
specifics just stated. He offered instead that he does respect
a judge who is willing to make a decision in a timely manner,
based on the facts, to the best of his/her ability. "I think
that's the standard you have to hold them to," he added. He
noted that the duties of the AJC are multifaceted: all levels
of judicial appointments, recommendation for public defender,
retention of judges, and studies of the status of the judiciary
in Alaska.
REPRESENTATIVE GRUENBERG asked Mr. Gordon whether he has had any
experience personally, or through family or friends, with the
judicial system or the justice system - civil, criminal, or any
other manner - that would influence him in the performance of
his duties.
MR. GORDON replied that he has not had any such personal
experience; he added, however, that he has friends who've been
passed over by the AJC. He remarked, "That's where you apply
the 'very qualified' versus the 'most qualified' standard, and
[this] sometimes leaves very good people in the lurch."
REPRESENTATIVE GRUENBERG said that for a period of time, what
used to happen with great regularity was that the AJC would only
send to the governor one more candidate than there were
vacancies to be filled, thereby leaving the governor with a
relatively small number of choices and leaving the AJC in a much
more powerful role than it had assumed in the past. He opined
that the governor should receive all qualified candidates. He
asked Mr. Gordon to comment.
Number 1040
MR. GORDON relayed that in the process of selecting judges when
he worked for Governor Hammond, he was very frustrated because
he felt that some very good people did not get sent up.
However, after reading the minutes from the Alaska
Constitutional Convention, he indicated that he'd come to
realize that the framers had very specifically imposed a "most
qualified" standard on the AJC, although this standard has been
a subject of much debate ever since. He offered that if the AJC
is to stay with the intent of the Alaska State Constitution, its
role is to send only those "most qualified" to the governor -
which, incidentally, also limits his/her latitude - even if
doing so means that many very qualified candidates do not get
selected to go forth. In response to a further question, he
said that he would, albeit reluctantly, follow this practice in
order to keep with the intent of the framers.
REPRESENTATIVE GARA, in an effort to allay Representative
Samuels's concerns about the makeup of the AJC's membership,
explained that the reason the constitutional framers put three
bar association members on the AJC was that they wanted somebody
on the AJC to have some professional experience with the
candidates who were being sent up for nomination, and it was
thought that to have somebody who had practiced law - from
different regions of the state, and three regions, specifically
- there would therefore be someone on the AJC who would know
something about the people being reviewed, and the AJC could
therefore have a more intelligent discussion. He expressed
confidence in Mr. Gordon's ability to do the job. He offered
the following in conclusion:
I've practiced before judges who philosophically
disagree with me who've turned out to be the greatest
judges in the world. I think Milt Souter is somebody
who, philosophically, is somebody I didn't share very
much with, but who I thought was great judge because
he worked hard. I came up here and I started working
for Justice Jay Rabinowitz, and I came up here with a
set of politics in my mind and I always wondered why
the judge [didn't just] follow his political views,
and he always convinced me that was the wrong thing to
do as a judge. So, ... as a judge he didn't follow
his political philosophy, he followed what he thought
he had to do as a judge, and that was something very
different.
Number 1162
So, I hope that you are not so concerned with maybe
the party affiliation of the judges you review, and
that you're concerned with other matters. And the one
matter I would really ask you to pay attention to is,
it makes the judicial system work much better when we
have judges who are willing to work long hours -
longer hours, weekends here and there - when they have
to. And most judges I've ever run across have done
that, and they make the system work much better.
There was a judge, quite a while back, who had a
reputation for not working so hard, and that turned
out to be a burden on the system. So I hope that
you'll help us all by making sure that becomes one of
-- if you have any litmus test, it's that they'll work
hard for us.
MR. GORDON said he agreed with Representative Gara on that
issue. He reiterated that his litmus tests are honesty,
integrity, judicial temperament, and willingness to work hard,
adding that if all judges could live up to the standards of
Justice Rabinowitz, "we'd all be better off."
CHAIR McGUIRE thanked Mr. Gordon. She then mentioned that in
addition to those traits, "thinking outside the box" - for
example, as is done in mediation and therapeutic courts - would
be a good factor to consider.
REPRESENTATIVE GRUENBERG remarked that during his campaign,
Governor Murkowski said, "I will appoint [Alaska] Judicial
Council members who will nominate candidates for judgeships who
are more interested in law enforcement than in coddling
criminals." Representative Gruenberg said that this statement
makes it sound as though the governor will look to appoint
people to the AJC who'll tend to favor judges with a political
philosophy. He asked Mr. Gordon whether it is his intent to
favor any political philosophy in judicial candidates.
Number 1326
MR. GORDON replied:
Well, as I said, it's way down my list. ... When the
other things have been -- I think that the cream of
the crop will rise on the honesty, integrity, hard
working, ... temperament. And judicial philosophy is
down there. I'm not quite sure how you measure that,
Representative Gruenberg. ... I couldn't tell by a
party affiliation, necessarily, that you get what
you're looking for there. I think you'll find under
the "most qualified" requirement that these other
things will take over and move people to the top of
the list. I can't hide my own philosophy, here. My
own philosophy is, the hardest working judges [are]
the ones who'll put criminals away and protect the
public. But I ... don't think ... that if you looked
across the board, that you could look for those people
who have a history of doing that - stronger judges -
and find any difference in political affiliation. I
really don't.
So, I know Governor Murkowski - or [then-candidate]
Murkowski - made a statement along those lines. I
don't know that he ascribed it to the [Alaska]
Judicial Council, but he certainly wanted to appoint
judges that would impose more of what he felt as more
of a law-and-order kind of an approach. Since I've
worked with him in the campaign I guess I'm sort of
guilty of anything he said, but that certainly is not
my purpose to impose my philosophy on anybody in the
process of selecting judges.
REPRESENTATIVE COGHILL thanked Mr. Gordon for volunteering. He
said that he did not know that he would apologize too much for
having a political philosophy. After all, he added, politics is
just a way of forming policy as a society. He said he
appreciated Mr. Gordon's comments regarding following the intent
of the constitutional framers. "It certainly is a good system,
and it's not devoid of politics, whether it's the [AJC] or
whether it's within the legal practice itself, so there have to
be rules to follow and it seems that you have articulated that
you'll follow those rules," he remarked.
REPRESENTATIVE COGHILL indicated that it would be alright with
him if Mr. Gordon were to at least bring his political
philosophy to the discussion. He suggested that both the
legislature and the judiciary are feeling a little bit of
dissatisfaction in that, many times, "we are soft on crime."
Another area of concern, he noted, is that there are judges that
are overruling public policy - often, social policy, which
involves tender topics - as determined by the legislature. "I
don't know that we want to shrink from that, do you, Bill?" he
asked.
Number 1491
MR. GORDON said:
No, I think you'll find me to be very aggressive and
forthright in my approach to offering what I bring to
the table, and it is a long history of involving
myself in [the] Alaskan way of life and Alaskan
politics and Alaskan general philosophies, which is
somewhat different than other places in the country.
I wouldn't shrink from that, at all. But I do think
that the other criteria is even more important,
Representative Coghill, and I can't get back to it
enough.
I won't let anybody get by me who doesn't have ... a
history of utmost honesty and integrity, temperament
for [working hard], and can conduct a courtroom with
good decorum, is a decision maker, et cetera. And
then we'll get to the actual application of the law in
the appropriate manner. And that's something that ...
you don't see sometimes 'til they get on the bench,
and then you may have a chance to promote somebody
from district court to superior court, or superior
court to supreme court, and then we'll look at some of
those other things, certainly.
Number 1546
REPRESENTATIVE SAMUELS made a motion to advance from committee
the nomination of Bill Gordon as appointee to the Alaska
Judicial Council. There being no objection, the confirmation
was advanced from the House Judiciary Standing Committee.
Violent Crimes Compensation Board
Number 1577
CHAIR McGUIRE announced that the committee would next consider
the appointment of Gerad G. Godfrey to the Violent Crimes
Compensation Board.
Number 1596
GERAD G. GODFREY, Appointee, Violent Crimes Compensation Board
(VCCB), in response to the questions of why he wanted to serve
on the VCCB and what his qualifications are, said:
I think everyone's probably aware of what happened
with my dad and my mother - Glenn and Patricia Godfrey
- back in August [2002]. And although ... no one,
obviously, would have asked for something like that to
happen to themselves or their family or any loved
ones, when it does, [an] individual can't help but
gain a new perspective and insight. Regardless of how
compassionate they may have been towards victims of
crimes - violent crimes, in particular - you garner a
new perspective when something like this happens. And
to the point where, even though you may have been
idealistic towards your views on victims and
perpetrators of violent crimes, you can't help but
almost think you were apathetic, after the fact, when
you have a loved one or very close family member that
suffers from a violent crime.
So, with that, I've gained insight and perspective
that I did not previously have. I studied criminal
justice and counseling psychology in college, and,
ironically enough, I think both those have some
application here, in light of what happened to my
family, in coping and dealing with that - for all
members of my family, my mother in particular. Even
with that, even with growing up in a [family] where my
dad was [an Alaska State Trooper] since before I was
even born, and having a brother who's [an Alaska State
Trooper], and a brother-in-law who's [an Alaska State
Trooper], until it happens to you or your family, you
just can't appreciate the gravity of what it's like
and the perspective.
And with that comes a certain degree of drive and a
desire, possibly even a selfish one, to ... go through
any avenues available to help others, and maybe
throughout that, it's therapeutic for yourself as
well. But you certainly have [an] ability to be
empathetic towards people that have suffered, possibly
not to the same extent or a greater extent; you can
thereby relate. And so I believe I would be able to
lend some insight that I otherwise would not have had
- had this not have happened to my family - to victims
and those that would come before the [VCCB]. And, as
well, I think it would be good for me personally, and
that, in part, may be ... somewhat selfish, just in
the regard that [it is] a cathartic process, I guess.
Number 1718
MR. GODFREY continued:
But there's a desire to do something constructive with
something that was very unfortunate, very unnecessary,
that happened to my family and my mother and my dad.
And to try to find something positive or make
something positive out of that, in as much as
possible, is some consolation, I guess. Currently,
I'm sitting on a taskforce appointed by the mayor of
Anchorage that is overseeing the E-911 system, which
we contended ..., due to it's shortcomings, further
victimized my mom beyond what an individual
perpetrator of a crime did.
And, in doing that, there's a certain amount of drive
that exists that possibly would not have been there,
to put in the time and effort and energy into this.
The taskforce is probably at the halfway point right
now, and it's required investing a great deal of time
and energy while working fulltime, as with most other
members on the [taskforce]. ... In the light of what
we're doing and why we're there, it's really not
difficult; ... the compensation, when all is done and
over, is that the one system in Anchorage certainly
should be improved and upgraded.
And what my mother needs to know and what she needs to
feel, is that any foreseeable improvements have been
made to prevent this from happening to anyone else in
the future, because she just said she can't live with
herself if she doesn't do anything - she has a civic
duty, she feels - if she doesn't do something. And
I've been doing that primarily on her behalf.
Certainly we have a long ways to go since what
happened back in August, but ... being a victim [of a]
violent crime is certainly a far-reaching -- ... it's
with her for life, no doubt. But ... it's six months
and just [this] past Friday she just had her last
major surgery, and she's still in the hospital today;
she's doing well.
Number 1812
MR. GODFREY added:
But ... the scope, the gravity of what happened,
physically, is with her and may be with her for life,
as far as her rehabilitation goes. And certainly
there's countless variables that go into any violent
crime that's committed on anybody, and any scenario
could be different, but I think I've certainly gained
the ability to relate to those that would come before
the [VCCB]. And, like I said, it may seem somewhat
ironic at this point - I mean the whole thing seems
kind of ironic - what happened, given the fact that he
devoted his life to over 30 years of public service in
law enforcement, and the fact that I studied criminal
justice and counseling psychology. So I think that
lends itself well, also.
But, primarily, I think what I bring to the table, to
summarize, would be some perspective and insight of
what it's like to have a loved one victimized in a
violent crime. And ... the drive and the desire to
make something constructive come of this is why I
think I would like to serve on [the VCCB], and I'd be
honored to be able to do so for the three years to
come. So, I think that probably is the gist of my
feelings, Madam Chair.
CHAIR McGUIRE thanked Mr. Godfrey. She indicated that [she]
appreciates his willingness to try to make the system better.
She surmised that he would be eminently qualified to serve on
the VCCB.
REPRESENTATIVE GARA said:
I just wanted to make a comment and ... a commendation
on your behalf: You're going to add an amazing amount
of insight into this process. And I thank you ... for
remaining so active that you actually have already
gotten one law changed that needed to be changed. I
thank you for what seems to be boundless energy that
now you're involved in two more issues that could use
your insight. At some point, everybody's going to be
asking for your time, and feel free, at some point, to
say no. But your insight will be much appreciated.
Number 1927
I guess I'm a little bit moved, in part, because
what's happened to you has some personal meaning for
me because I went through a very similar circumstance
when I was younger. And so I have a perspective that
says your perspective is needed; you shouldn't
apologize at all for helping the community the way
you've offered to help the community. Just be jealous
of your private time at some point. But as long as
you want to do this, I want you to do it. So, thank
you very much.
MR. GODFREY said he appreciated the comments and the advice.
REPRESENTATIVE GRUENBERG asked, "Are you or any member of your
family seeking compensation from the [VCCB]?"
MR. GODFREY said no. In response to another question, he
replied that it is his understanding that the VCCB determines
whether victims and their families are entitled to compensation
from the state and, if so, how much.
REPRESENTATIVE GRUENBERG asked Mr. Godfrey whether his recent,
horrible experience would cause him to have any bias that would
prevent him from making fair decisions in cases coming before
him.
MR. GODFREY said he did not believe so, though he acknowledged
that he could not predict what would happen prior to it
happening. He elaborated:
I believe that I can maintain a great degree of
objectivity, and I believe that I would maintain a
high level of discernment - would expect that I would.
Furthermore, I believe that I would hope to be able to
tell the ... real deal, so to speak, from the fake, in
that if somebody's just cruising for a free meal -
once again, so to speak - I would certainly hope that
I would be aware [of] that. I don't believe that I am
... going to look through this with ... stained glass,
always on the behalf of anyone that [can even]
remotely be construed a victim of ... violent crime.
So, as it stands right now, I ... believe I'll
maintain objectivity and still have [a] level of
compassion and empathy towards those that come before
the [VCCB].
Number 2117
MR. GODFREY remarked, furthermore, that he would be able to
withstand any accusations of, "you can't relate" from people
denied compensation.
REPRESENTATIVE SAMUELS thanked Mr. Godfrey for volunteering, and
said he would like to echo Representative Gara's comments.
Representative Samuels, too, said that he thinks that Mr.
Godfrey is eminently qualified to serve on the VCCB. He noted
that the VCCB also assists with funeral expenses and travel
expenses related to funerals.
REPRESENTATIVE GRUENBERG asked which department the VCCB falls
under.
CHAIR McGUIRE said it fell under the Department of Public Safety
(DPS).
REPRESENTATIVE GARA asked Mr. Godfrey to give thought to the
concept of having the VCCB seek reimbursement from perpetrators,
rather than from the victims themselves, for any advances given
to victims.
MR. GODFREY thanked Representative Gara [for that suggestion],
and said he would keep that concept in mind.
Number 2263
REPRESENTATIVE SAMUELS made a motion to advance from committee
the nomination of Gerad G. Godfrey to the Violent Crimes
Compensation Board. There being no objection, the confirmation
was advanced from the House Judiciary Standing Committee.
HB 64 - PURCHASE OF STRUCTURED SETTLEMENTS
Number 2275
CHAIR McGUIRE announced that the committee would next bring up
HOUSE BILL NO. 64, "An Act relating to court approval of the
purchase of structured settlements." She noted that at this
time the committee would merely be placing the House State
Affairs Standing Committee version before it.
Number 2283
REPRESENTATIVE SAMUELS moved to adopt CSHB 64(STA) as the
working document. There being no objection, CSHB 64(STA) was
before the committee.
CHAIR McGUIRE announced that HB 64 would be held over and heard
on 3/7/03.
ADJOURNMENT
Number 2298
The House Judiciary Standing Committee meeting was recessed at
3:15 p.m., to be continued at 8:00 a.m. on March 7, 2003.
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