Legislature(2011 - 2012)CAPITOL 120

02/29/2012 01:00 PM House JUDICIARY


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01:10:28 PM Start
01:11:25 PM Confirmation Hearing(s):|| Attorney General
01:40:10 PM Violent Crimes Compensation Board
01:43:42 PM Alaska Judicial Council
01:56:55 PM Commission on Judicial Conduct
02:02:03 PM Select Committee on Legislative Ethics
02:08:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Attorney General, Michael Geraghty; Select
Committee on Legislative Ethics; Commission
on Judicial Conduct; Alaska Judicial Council;
Violent Crimes Compensation Board
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 29, 2012                                                                                        
                           1:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Steve Thompson, Vice Chair                                                                                       
Representative Wes Keller                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Carl Gatto, Chair                                                                                                
Representative Mike Hawker (alternate)                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Attorney General                                                                                                              
                                                                                                                                
     Michael C. Geraghty - Anchorage                                                                                            
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Violent Crimes Compensation Board                                                                                             
                                                                                                                                
     Regina C. Chennault, M.D. - Soldotna                                                                                       
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Judicial Council                                                                                                       
                                                                                                                                
     Kenneth Kreitzer - Juneau                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Commission on Judicial Conduct                                                                                                
                                                                                                                                
     Robert D. Sheldon - Anchorage                                                                                              
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Select Committee on Legislative Ethics                                                                                        
                                                                                                                                
     Dennis E. "Skip" Cook - Fairbanks                                                                                          
     Herman G. Walker, Jr. - Anchorage                                                                                          
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHAEL C. GERAGHTY, Appointee                                                                                                  
Attorney General                                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the position of                                                                
Attorney General.                                                                                                               
                                                                                                                                
WILLIAM R. SATTERBERG, JR., Attorney at Law                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Provided comments during the confirmation                                                                
hearing of Michael C. Geraghty as appointee to the position of                                                                  
Attorney General.                                                                                                               
                                                                                                                                
REGINA C. CHENNAULT, M.D., Appointee                                                                                            
Violent Crimes Compensation Board (VCCB)                                                                                        
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified as appointee to the Violent                                                                    
Crimes Compensation Board (VCCB).                                                                                               
                                                                                                                                
KENNETH KREITZER, Appointee                                                                                                     
Alaska Judicial Council (AJC)                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to the Alaska                                                                     
Judicial Council (AJC).                                                                                                         
                                                                                                                                
ROBERT D. SHELDON, Appointee                                                                                                    
Commission on Judicial Conduct (CJC)                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Commission on                                                              
Judicial Conduct (CJC).                                                                                                         
                                                                                                                                
DENNIS E. "SKIP" COOK, Appointee                                                                                                
Select Committee on Legislative Ethics                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                             
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
HERMAN G. WALKER, JR., Appointee                                                                                                
Select Committee on Legislative Ethics                                                                                          
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                             
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:10:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WES KELLER,  acting  as chair,  called the  House                                                           
Judiciary  Standing  Committee  meeting  to order  at  1:10  p.m.                                                               
Representatives Keller, Gruenberg, Lynn,  and Pruitt were present                                                               
at  the  call to  order.    Representatives Holmes  and  Thompson                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
^Attorney General                                                                                                               
                    CONFIRMATION HEARING(S):                                                                                
                        Attorney General                                                                                    
                                                                                                                                
1:11:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER announced that  the first order of business                                                               
would be consideration of the  appointment of Michael C. Geraghty                                                               
to the position of Attorney General.                                                                                            
                                                                                                                                
1:11:36 PM                                                                                                                    
                                                                                                                                
MICHAEL C.  GERAGHTY, Appointee,  Attorney General,  referring to                                                               
his appointment as  a privilege and an honor, said  he is looking                                                               
forward to  working with the  House Judiciary  Standing Committee                                                               
on the  many challenges facing the  state.  He then  provided the                                                               
committee   with  some   personal  information,   including  some                                                               
employment history and educational background.   In response to a                                                               
question,  he characterized  the Department  of Law  (DOL) as  an                                                               
excellent,   well-run  and   well-managed  department,   and  DOL                                                               
employees  as  exemplary;  noted  that his  transition  into  the                                                               
position  of attorney  general has  been seamless;  and recounted                                                               
that the DOL's core services  include providing the best possible                                                               
legal  advice  to  the governor  and  executive-branch  agencies,                                                               
protecting  Alaskans via  the prosecution  of  those who  violate                                                               
Alaska's  laws, promoting  the  development  of Alaska's  natural                                                               
resources,  and promoting  Alaska's  fiscal integrity.   He  also                                                               
mentioned that  as attorney  general, he  would be  examining the                                                               
various  aspects  of the  DOL  and  its operations  for  possible                                                               
improvements.                                                                                                                   
                                                                                                                                
MR.  GERAGHTY,  in response  to  another  question and  comments,                                                               
explained that whenever  the state is asked to  join other states                                                               
in litigation,  the merits of  the particular case  are carefully                                                               
evaluated  to  determine  whether  joining  in  would  really  be                                                               
appropriate for  Alaska; and acknowledged his  receipt of various                                                               
awards and recognitions for his legal work.                                                                                     
                                                                                                                                
1:19:43 PM                                                                                                                    
                                                                                                                                
WILLIAM R.  SATTERBERG, JR., Attorney  at Law,  characterized the                                                               
appointment of Mr.  Geraghty to the position  of attorney general                                                               
as an excellent choice.  He  then recounted a case he is involved                                                               
in, one in  which the state had previously declined  to join, and                                                               
asked  Mr. Geraghty  to  reconsider that  decision  should he  be                                                               
confirmed as attorney general.                                                                                                  
                                                                                                                                
MR. GERAGHTY,  expressing familiarity with that  particular case,                                                               
declined to do  so, relaying that he agreed with  the decision to                                                               
not join in.  He indicated,  though, that the state has joined in                                                               
on another, similar, case.                                                                                                      
                                                                                                                                
The committee took an at-ease from 1:24 p.m. to 1:25 p.m.                                                                       
                                                                                                                                
MR. GERAGHTY,  in response to other  questions, mentioned aspects                                                               
of DOL's existing  work load, adding that he  takes seriously his                                                               
duty  to uphold  and defend  the laws  of Alaska  and the  Alaska                                                               
State  Constitution; reiterated  some of  his previous  comments;                                                               
explained that maintaining the integrity  and independence of the                                                               
DOL  is critical  to the  proper functioning  of government,  and                                                               
that  his  obligation is  to  the  office  of the  governor,  and                                                               
therefore to the people of  Alaska, rather than to the individual                                                               
governor  himself/herself;  and  assured the  committee  that  he                                                               
takes his  ethical responsibilities very seriously.   In response                                                               
to comments  and further questions,  he noted that  because there                                                               
are unsettled questions of law, there  may well be times when his                                                               
legal  opinion  differs  from  that   of  Legislative  Legal  and                                                               
Research   Services,  particularly   in  instances   wherein  the                                                               
legality of one  particular approach over another  isn't at issue                                                               
and  instead it's  just a  question  of policy;  and assured  the                                                               
committee that he  would keep members of  the legislature updated                                                               
on particular issues of interest.                                                                                               
                                                                                                                                
MR. GERAGHTY,  in conclusion, again  referred to  his appointment                                                               
as a  privilege and an honor,  and reiterated that he  is looking                                                               
forward to working with the committee.                                                                                          
                                                                                                                                
REPRESENTATIVE KELLER  reminded members that signing  the reports                                                               
regarding  appointments  to  boards  and commissions  in  no  way                                                               
reflect  individual  members'  approval  or  disapproval  of  the                                                               
appointees, and that the nominations  are merely forwarded to the                                                               
full legislature for confirmation or rejection.                                                                                 
                                                                                                                                
1:39:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT made  a motion  to advance  from committee                                                               
the  nomination  of  Michael  C.  Geraghty  to  the  position  of                                                               
Attorney  General.   There being  no objection,  the confirmation                                                               
was advanced from the House Judiciary Standing Committee.                                                                       
                                                                                                                                
^Violent Crimes Compensation Board                                                                                              
               Violent Crimes Compensation Board                                                                            
                                                                                                                                
1:40:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  announced that the next  order of business                                                               
would  be  consideration  of  the   reappointment  of  Regina  C.                                                               
Chennault,  M.D.,  to  the   Violent  Crimes  Compensation  Board                                                               
(VCCB).                                                                                                                         
                                                                                                                                
1:40:36 PM                                                                                                                    
                                                                                                                                
REGINA   C.   CHENNAULT,    M.D.,   Appointee,   Violent   Crimes                                                               
Compensation   Board  (VCCB),   noting   that  she   is  up   for                                                               
reappointment to the  VCCB, proffered that it  serves Alaskans in                                                               
a way that  no other entity can, and she  is therefore honored to                                                               
continue serving on the VCCB.                                                                                                   
                                                                                                                                
[Members  of the  committee then  thanked Dr.  Chennault for  her                                                               
willingness to serve on the VCCB.]                                                                                              
                                                                                                                                
REPRESENTATIVE  PRUITT made  a motion  to advance  from committee                                                               
the  nomination of  Regina  C. Chennault,  M.D.,  to the  Violent                                                               
Crimes  Compensation  Board.    There  being  no  objection,  the                                                               
confirmation  was  advanced  from the  House  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
^Alaska Judicial Council                                                                                                        
                    Alaska Judicial Council                                                                                 
                                                                                                                                
1:43:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER announced  that the  committee would  next                                                               
consider  the  appointment  of Kenneth  Kreitzer  to  the  Alaska                                                               
Judicial Council (AJC).                                                                                                         
                                                                                                                                
1:44:07 PM                                                                                                                    
                                                                                                                                
KENNETH  KREITZER,  Appointee,  Alaska  Judicial  Council  (AJC),                                                               
noting that  he's been serving  on the AJC since  his appointment                                                               
last summer,  said that the  importance, enormity, and  impact of                                                               
the  AJC's  work  with  regard   to  screening,  nominating,  and                                                               
retaining Alaska's  judges was  a big draw  for him  because he'd                                                               
been looking for  a way to give back to  the community via public                                                               
service.  In  conclusion, he relayed that he's  been enjoying his                                                               
work on  the AJC, considering it  to be very interesting,  and is                                                               
honored  to  be a  part  of  it.   In  response  to comments  and                                                               
questions, he  confirmed that he's  already been involved  in the                                                               
AJC's  screening and  nomination processes;  explained that  he'd                                                               
applied  to serve  on  the AJC  because he'd  heard  there was  a                                                               
vacancy; mentioned that he is  semi-retired and thus has the time                                                               
and  energy   to  devote  to   the  AJC;  shared   some  personal                                                               
information;   agreed   to   research  the   issues   of   gender                                                               
representation and minimum-nominee  requirements; and assured the                                                               
committee that  the AJC  nominates potential  judicial candidates                                                               
based  only  on  the  merits and  character  of  the  candidates,                                                               
seeking to nominate only those who  would be loyal to the rule of                                                               
law.                                                                                                                            
                                                                                                                                
[During  Mr. Kreitzer's  testimony, Representative  Keller turned                                                               
the gavel over to Vice  Chair Thompson, and Representative Holmes                                                               
thanked Mr. Kreitzer for his willingness to serve.]                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG made a  motion to advance from committee                                                               
the nomination  of Kenneth  Kreitzer as  appointee to  the Alaska                                                               
Judicial  Council.   There being  no objection,  the confirmation                                                               
was advanced from the House Judiciary Standing Committee.                                                                       
                                                                                                                                
^Commission on Judicial Conduct                                                                                                 
                 Commission on Judicial Conduct                                                                             
                                                                                                                                
1:56:55 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
VICE CHAIR  THOMPSON announced  that the  next order  of business                                                               
would be consideration of the  reappointment of Robert D. Sheldon                                                               
to the Commission on Judicial Conduct (CJC).                                                                                    
                                                                                                                                
1:57:19 PM                                                                                                                    
                                                                                                                                
ROBERT  D. SHELDON,  Appointee,  Commission  on Judicial  Conduct                                                               
(CJC), noting  that he's been serving  on the CJC since  2008 and                                                               
characterizing his  appointment as  an honor, explained  that the                                                               
CJC  addresses issues  of  improper  courtroom behavior,  illegal                                                               
influence,  impropriety  while  off  the bench,  and  other  such                                                               
issues.  He mentioned that his  view point has broadened since he                                                               
first started serving on the CJC,  adding that all members of the                                                               
CJC  work together  to address  the few  items with  actual merit                                                               
that  come before  it.   In conclusion,  proffering that  the CJC                                                               
performs a  crucial function for the  state, he said he  would be                                                               
delighted to  have his  name forwarded  to the  full legislature,                                                               
and he  looks forward to continuing  to serve.  In  response to a                                                               
question, he offered  his belief that currently,  the Alaska Code                                                               
of  Judicial Conduct  is fairly  well set  and better  left alone                                                               
unless  and   until  a  specific   issue  arises   that  warrants                                                               
addressing.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG made a  motion to advance from committee                                                               
the  nomination  of  Robert  D.  Sheldon  to  the  Commission  on                                                               
Judicial  Conduct.   There being  no objection,  the confirmation                                                               
was advanced from the House Judiciary Standing Committee.                                                                       
                                                                                                                                
^Select Committee on Legislative Ethics                                                                                         
             Select Committee on Legislative Ethics                                                                         
                                                                                                                                
2:02:03 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced  that the  next order  of business                                                               
would be consideration  of the reappointment of  Dennis E. "Skip"                                                               
Cook to the Select Committee on Legislative Ethics.                                                                             
                                                                                                                                
2:02:31 PM                                                                                                                    
                                                                                                                                
DENNIS   E.  "SKIP"   COOK,   Appointee,   Select  Committee   on                                                               
Legislative  Ethics, noting  that he's  been serving  since 1998,                                                               
said it's been  a challenging but wonderful  experience, and thus                                                               
he is willing to be reappointed.   He then provided some personal                                                               
information to  the committee, including correcting  a mistake in                                                               
his   disclosure  forms   regarding   numbers  of   non-dependent                                                               
children.   In conclusion,  he said he's  enjoyed serving  on the                                                               
Select Committee  on Legislative  Ethics, and again  commented on                                                               
his willingness to continue serving.                                                                                            
                                                                                                                                
REPRESENTATIVE KELLER thanked Mr. Cook for his service.                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  disclosed  that  he's  served  on  the                                                               
Select Committee  on Legislative  Ethics with  both Mr.  Cook and                                                               
Mr. Walker.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG made a  motion to advance from committee                                                               
the  nomination of  Dennis E.  "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.                                                                                                   
                                                                                                                                
2:05:28 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the final order  of business                                                               
would be consideration of the  reappointment of Herman G. Walker,                                                               
Jr., to the Select Committee on Legislative Ethics.                                                                             
                                                                                                                                
2:05:39 PM                                                                                                                    
                                                                                                                                
HERMAN   G.  WALKER,   JR.,   Appointee,   Select  Committee   on                                                               
Legislative  Ethics, noting  that he's  been serving  since 2002,                                                               
said  he's  been  enjoying  it   and  hopes  to  be  reappointed.                                                               
Although the work  has been challenging, he  remarked, it's never                                                               
been boring.   In conclusion,  he said  he is looking  forward to                                                               
continuing to serve,  adding his belief that  his perspective and                                                               
the  experience he's  gained while  serving thus  far will  be of                                                               
benefit  to  the  Select  Committee  on  Legislative  Ethics  and                                                               
Alaska.                                                                                                                         
                                                                                                                                
REPRESENTATIVE HOLMES thanked  Mr. Walker and Mr.  Cook for their                                                               
service, and  disclosed that she,  too, has served on  the Select                                                               
Committee on Legislative Ethics with both of them.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG 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.                                                                                                   
                                                                                                                                
2:08:54 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:08 p.m.                                                                 

Document Name Date/Time Subjects
Ethics Committee Cook and Walker.pdf HJUD 2/29/2012 1:00:00 PM
Attorney General - Geraghty #1.pdf HJUD 2/29/2012 1:00:00 PM
Judicial Conduct - Sheldon #1.pdf HJUD 2/29/2012 1:00:00 PM
Judicial Council - Kreitzer #1.pdf HJUD 2/29/2012 1:00:00 PM
Violent Crimes Comp - Chennault#1.pdf HJUD 2/29/2012 1:00:00 PM
Attorney General - public comment.pdf HJUD 2/29/2012 1:00:00 PM