Legislature(2013 - 2014)CAPITOL 120

02/04/2013 01:00 PM House JUDICIARY


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Audio Topic
01:31:47 PM Start
01:32:11 PM Overview(s): Department of Law
02:26:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:30 pm Today --
+ Overview: Dept. of Law TELECONFERENCED
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        February 4, 2013                                                                                        
                           1:31 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Bob Lynn, Vice Chair                                                                                             
Representative Gabrielle LeDoux                                                                                                 
Representative Charisse Millett                                                                                                 
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Neal Foster                                                                                                      
Representative Lance Pruitt                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  DEPARTMENT OF LAW                                                                                                 
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHAEL C. GERAGHTY, Attorney General                                                                                           
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the overview of the Department of                                                              
Law (DOL).                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:31:47 PM                                                                                                                    
                                                                                                                                
CHAIR WES  KELLER called the  House Judiciary  Standing Committee                                                             
meeting to  order at 1:31  p.m.  Representatives  Keller, LeDoux,                                                               
and Millett were  present at the call to  order.  Representatives                                                               
Lynn and Gruenberg arrived as the meeting was in progress.                                                                      
                                                                                                                                
^Overview(s):  Department of Law                                                                                                
                Overview(s):  Department of Law                                                                             
                                                                                                                                
1:32:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the only order of  business would be                                                               
an overview of the Department of Law (DOL).                                                                                     
                                                                                                                                
1:32:22 PM                                                                                                                    
                                                                                                                                
MICHAEL C.  GERAGHTY, Attorney General, Department  of Law (DOL),                                                               
explained  that the  DOL has  four core  functions:   protect the                                                               
safety  and financial  wellbeing of  Alaskans; foster  conditions                                                               
for the  responsible development  of Alaska's  natural resources;                                                               
protect  the fiscal  integrity  of the  state;  and promote  good                                                               
governance.   Over 60 percent of  the DOL's budget is  devoted to                                                               
protecting Alaskans  via the DOL's  Criminal Division,  which has                                                               
over 13 offices across the  state staffed with assistant district                                                               
attorneys.  Last  year, the Criminal Division  handled just under                                                               
40,000  matters,  including  over 20,000  misdemeanors  and  over                                                               
8,000  felonies,  as  well  as  criminal  appeals,  extraditions,                                                               
juvenile matters, petitions for  post-conviction relief, "and the                                                               
like."  Out  of the aforementioned 13  district attorney offices,                                                               
7 offices  also house civil  attorneys, and it's the  DOL's Civil                                                               
Division  that addresses  the core  functions  of protecting  the                                                               
state's   fiscal  integrity,   promoting  good   governance,  and                                                               
fostering   natural   resource    development,   which   includes                                                               
litigating the  state's right to  develop its  natural resources.                                                               
In response  to questions and  comments, he relayed  that whether                                                               
to  litigate a  particular issue  is  determined by  a number  of                                                               
factors; mentioned  some examples of current,  past, and possible                                                               
future litigation to illustrate; and  indicated that the DOL does                                                               
speak  with Alaska's  congressional delegation  regarding federal                                                               
law.                                                                                                                            
                                                                                                                                
[Members  and  he then  briefly  discussed  further some  of  the                                                               
examples he'd touched on.]                                                                                                      
                                                                                                                                
2:13:53 PM                                                                                                                    
                                                                                                                                
ATTORNEY GENERAL GERAGHTY, returning to  his overview of the DOL,                                                               
explained that  approximately 10 percent  of the DOL's  budget is                                                               
devoted    to   fostering    "economic   opportunity,    resource                                                               
development,"  and that  most cases  involving  those issues  are                                                               
handled  in-house, though  the DOL  does use  outside counsel  on                                                               
occasion.  There  are just under 300  attorneys currently working                                                               
for the DOL,  divided roughly equally between  the Civil Division                                                               
and the  Criminal Division;  five new  positions were  added this                                                               
year  and staffing  levels  are  adequate; and  the  DOL earns  a                                                               
return on  its budget in  the sense that a  big part of  what the                                                               
DOL does  is related to the  fiscal integrity of the  state.  For                                                               
example,  for  fiscal  year  2011  (FY  11),  the  DOL  recovered                                                               
approximately $146  million; for  FY 12,  the DOL  recovered just                                                               
under $100 million;  and thus far for FY 13,  the DOL has already                                                               
recovered $255 million.   In conclusion, in  response to comments                                                               
and  questions,  he  explained  that  prior  to  serving  as  the                                                               
attorney general,  he served  as a  commissioner on  the National                                                               
Conference of  Commissioners on Uniform State  Laws (NCCUSL); and                                                               
mentioned that he  is a strong proponent of  how Alaska currently                                                               
chooses and  retains its judges  and how it chooses  its attorney                                                               
general.                                                                                                                        
                                                                                                                                
2:26:50 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:26 p.m.                                                                 

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