Legislature(2015 - 2016)CAPITOL 120
03/02/2015 01:00 PM House JUDICIARY
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| Confirmation Hearing(s): | |
| Adjourn |
* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 2, 2015
1:05 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Chair
Representative Wes Keller, Vice Chair
Representative Neal Foster
Representative Bob Lynn
Representative Charisse Millett
Representative Matt Claman
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Board of Governors
William Gordon - Fairbanks
- CONFIRMATION(S) ADVANCED
Alaska Judicial Council
Allen M. Joseph - Bethel
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
WILLIAM GORDON
Fairbanks, Alaska
POSITION STATEMENT: As appointee to the position of the Board
of Governors of the Alaska Bar Association, discussed his
qualifications and answered questions.
ALLEN M. JOSEPH
Bethel, Alaska
POSITION STATEMENT: As appointee to the position of the Alaska
Judicial Council, discussed his qualifications and answered
questions.
ACTION NARRATIVE
1:05:11 PM
CHAIR GABRIELLE LEDOUX called the House Judiciary Standing
Committee meeting to order at 1:05 p.m. Representatives Claman,
Gruenberg, Foster, Keller, Lynn, Millett, and LeDoux were
present at the call to order.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
BOARD OF GOVERNORS OF THE ALASKA BAR ASSOCIATION
ALASKA JUDICIAL COUNCIL
1:05:42 PM
CHAIR LEDOUX brought before the committee the appointments of
William Gordon to the position of the Board of Governors of the
Alaska Bar, and the appointment of Allen Joseph to the position
of the Alaska Judicial Council. [Packets contain biographical
information on both appointees.]
CHAIR LEDOUX advised the committee it would be hearing the
qualification of these two individuals today and recommending
that their names be referred to the Joint House and Senate for
consideration. Chair LeDoux reminded the committee that its job
is only to review the history and qualifications of these men.
She stated there will be no vote for or against their
confirmations in this committee. Committee members should feel
free to ask questions as they arrive, but bear in mind that the
committee is not voting on their qualifications, merely
reviewing them, she highlighted.
1:06:46 PM
WILLIAM GORDON, said he is from Fairbanks and assumed the
committee had his resume.
CHAIR LEDOUX questioned whether there is anything other than
what is on his resume that he would like to highlight.
1:07:13 PM
MR. GORDON advised he is a life-long Alaskan and has lived in
many communities, including Fairbanks, Anchorage, and Juneau,
and has been to almost every community in Alaska a multiple of
times in the course of his private and public sector experience.
He added to his resume his past three years of service on the
Board of Governors of the Alaska Bar Association. He noted that
he co-chairs a nonprofit with former Chief Justice Bud Carpeneti
that informs the public about the challenge in the Alaska State
Senate to Judicial Article IV of the Alaska State Constitution.
1:08:34 PM
REPRESENTATIVE MILLETT (Indisc.)
1:08:39 PM
CHAIR LEDOUX asked Mr. Gordon whether he submitted a resume in
addition to the application.
MR. GORDON answered he believes that, under the former
administration, the resume was attached to the application. "I
asked if that same information would be provided to the
committee and I think they told me they would provide it, so I
didn't provide anything new."
1:09:12 PM
CHAIR LEDOUX assumed that when Mr. Gordon referred to his
resume, he meant the application. She advised that the
committee does not have his resume and asked that he forward it
to the committee chair.
MR. GORDON reiterated he has served in both the public and
private sectors. He advised his public service was serving as
the Chief of Staff to Governor Jay Hammond during his first
administration. At that time, he said, he became interested in
the works of the judiciary and some of the lawyering aspects of
serving on the Board of Governors. Subsequent to working with
Governor Hammond, he went into the private sector "and did many
things." He said for the past twenty years he has owned and
operated several public utility licenses in and around the
Fairbanks area. Approximately six years ago he said he "sold
those out." Currently, he is semi-retired looking for the next
adventure and hopes it will come along because he still has more
to do, he remarked. He said he has served four different
governors under different appointments, in that Governor Hammond
appointed him to the Alcoholic Beverage Control Board, which he
chaired; Governor Frank Murkowski appointed him to the Alaska
Judicial Council wherein he served six years; Governor Parnell
appointed him to the Board of Governors of the Alaska Bar; and
currently he has been re-appointed by Governor Bill Walker. He
advised he has served on many "entities" in and around Fairbanks
in volunteer service and assisting the community in any manner
he can. He offered that he is married with three children and
two grandchildren.
1:11:46 PM
REPRESENTATIVE LEDOUX said she noted that Mr. Gordon has been
re-appointed to the Board of Governors and yet the application
form reads Commission on Judicial Conduct.
MR. GORDON explained that during the original discussion with
Governor Parnell, they discussed where Mr. Gordon could best
serve Alaska. He remarked that "others" within the judiciary
urged him to take the Board of Governor vacancy so Governor
Parnell changed it to the Board of Governors.
CHAIR LEDOUX surmised he had been appointed to the Board of
Governors of the Alaska Bar Association, and is currently up for
re-appointment.
1:12:58 PM
REPRESENTATIVE GRUENBERG asked if there is anything "major" the
legislature should be aware regarding the Board of Governors.
1:13:34 PM
MR. GORDON responded that the Board of Governors has been
"extremely" progressive in trying to reduce its costs and be
more transparent to the public it serves, including opening the
convention to the public. There is nothing controversial of any
nature, he opined.
1:13:56 PM
REPRESENTATIVE GRUENBERG advised he was unaware the conventions
would be open to the public.
1:14:05 PM
REPRESENTATIVE CLAMAN confirmed that Mr. Gordon worked on the
Alaska Judicial Council under Governor Murkowski.
MR. GORDON answered in the affirmative.
1:14:16 PM
REPRESENTATIVE CLAMAN asked if his experience with the Alaska
Judicial Council, as an effectively functioning organization,
was one of the reasons he is working with retired Justice
Carpeneti to help support efforts to keep the Alaska Judicial
Council intact in its current structure.
MR. GORDON advised that he found it a well-functioning body and
does not see the need to change something that has served Alaska
so well better than 60 years.
1:14:46 PM
REPRESENTATIVE CLAMAN noted that some people in the public have
suggested there is a lawyer/non-lawyer split on the Alaska
Judicial Council.
1:14:53 PM
CHAIR LEDOUX asked Representative Claman to keep the
conversation to Mr. Gordon's qualifications for the Board of
Governors of the Alaska Bar Association.
1:15:09 PM
REPRESENTATIVE CLAMAN noted that a few years ago the Board of
Governors changed the fee structure for lawyers so it is more of
"pay as you go" structure rather than "a lot of savings sitting
in the Bar Association's bank account." He questioned whether
Mr. Gordon was familiar with the change and whether it was a
good change in terms of fiscal management for the Board of
Governors.
MR. GORDON remarked that the change was before his time and
could not really comment on it, but it has been diligent in
trying to not only lower the cost for the members through
sharing of costs, the "cost cause" or "cost payor" type of
approach. He pointed out that one-third of the board's costs
are involved with discipline matters and it attempts to find
ways where the people who cause the problem pay more. He opined
that in working through the Alaska Supreme Court it is finding
success. As far as the dues being paid, he stated,
Representative Claman may be referring to front payment rather
than paying and they go. He posited that there are several
structures set up for members to make their payments.
REPRESENTATIVE CLAMAN stated a different model was used to set
the dues at a certain amount and try to keep them to put money
in savings, with the first few years at a higher rate and
eventually ...
MR. GORDON interjected that the Board of Governors adopted a
cash basis budget, and it is no longer doing that. He explained
that its budget is based truly on ... dues are set on what the
budget is set at.
1:16:51 PM
REPRESENTATIVE CLAMAN surmised that he is one of three public
members on a board that has more lawyers than public members.
He asked whether Mr. Gordon had an experience in which his
voice, as a public member, was not heard by the other members of
the board.
MR. GORDON expressed that the opposite is true in that the
lawyers have been anxious to have his business experience
brought to the board and are constantly asking and probing his
experience to see if it can make some changes. He related that
each public member brings a different set of goals and
objectives, and found the lawyers to be open to the public
members.
1:18:05 PM
REPRESENTATIVE KELLER moved to forward the name of William
Gordon to the joint session of the House and Senate for
confirmation. There being no objection, the confirmation of
William Gordon is advanced from the House Judiciary Standing
Committee.
1:18:37 PM
The committee took a brief at ease.
1:18:48 PM
CHAIR LEDOUX announced that Allen Joseph's confirmation to the
Alaska Judicial Council is next.
1:19:18 PM
ALLEN M. JOSEPH, said he is a Yup'ik Eskimo, and was born and
raised in Hooper Bay. He advised he is a shareholder of Sea
Lion and Naparyarmiut Corporation and is interested in
membership in the Alaska Judicial Council in order to contribute
to the overall wellbeing of Alaskans. He said he would like to
help select good judges for the Alaska Court System, and that he
has experience in selecting qualified individuals for various
positions. After graduating from Kuskokwim College in Bethel,
he began working on real estate issues involving Native
allotments and restricted town site laws. He described the work
as preparing public hearings for administration law judges and
early on he understood the importance of judges and the
decisions they make how prepared parties must be in order for
the judges to make fair and the best decisions. He advised he
has worked for the three social services organizations in
Bethel, ABCP Housing Authority, Yukon-Kuskokwim Health
Corporation, and AVCP Regional Housing Authority, where he
currently is employed. Throughout his career he has been in
involved in the management of staff and programs, has spent much
of his time reviewing applications, resume and interviewing many
people and, he noted, looks for people committed to helping
others. He is currently chairing the Bethel School District
Board and school boards are the peoples' voice and
representatives and as a board member he has screened, reviewed,
and evaluated administrator or principal applications for the
schools. This includes annual reviews of principals' job
performances including recommendations for retention or not. He
noted he has also been involved in the Bethel search and rescue
operations as a board member, and volunteer searcher. He said
he has come to realize that giving himself and his time in
search and rescue is very satisfying to his soul and spirit, and
it contributes to the communities' basic needs. He offered that
he supplements his family income with subsistence hunting and
fishing; therefore, court cases and decisions involving
subsistence are very important. He remarked that he will work
for the people of the state and do his best in accomplishing the
mission of the Alaska Judicial Council in working to find the
most qualified candidates under the council's responsibility.
He highlighted that he has respect for the judges and court
staff currently employed and he would like to help preserve the
respectability and professionalism of the Alaska Court System.
He assured the committee that if he is selected for the position
on the Alaska Judicial Council he will do his best for the
people of the state, legislature, court system, and Governor
Bill Walker.
1:26:07 PM
REPRESENTATIVE FOSTER asked Mr. Joseph whether he had experience
dealing with the Indian Child Welfare Act (ICWA), and how
familiar he is with the issues.
MR. JOSEPH responded that he has overseen the positions with
ICWA as a manager at ABCP. He did not get involved in the
activities of ICWA in going through the courts or listening to
hearings, except in a couple of cases. He advised he has been
involved in forming a family wellness organization, and the
Yukon-Kuskokwim Health Corporation picked up the organization
and integrated it into the health care system.
REPRESENTATIVE FOSTER presumed Mr. Joseph had a supervisory role
over the person responsible for the ICWA program.
MR. JOSEPH responded in the affirmative.
1:27:34 PM
REPRESENTATIVE KELLER noted that the judicial selection process
is important in this state, and questioned what Mr. Joseph would
look for in a judicial candidate.
MR. JOSEPH replied he would look for the individual best fit for
the job and, most importantly, the most qualified candidate who
would accomplish the mission of the council.
1:29:07 PM
REPRESENTATIVE KELLER quiered whether he would review the
particular applicant's values in any manner in the evaluation.
MR. JOSEPH responded that he believes in good values in his
family and community.
REPRESENTATIVE KELLER said he did not mean to put him on the
spot and was curious as to how he would look at the judges in
that the judicial selection process has been under the
microscope a number of times. He recalled that in 2004, there
was a judge applicant on his third round of applying for a
position as Superior Court Judge and during the interview one of
the public members asked whether or not he supported Republican
values. He opined that the applicant was taken aback, and
Representative Keller wondered whether Mr. Joseph believed it
would ever be appropriate to ask a candidate about their
political interests and, more importantly, their values. He
asked whether Mr. Joseph has a criteria himself in putting
someone forward.
1:30:31 PM
MR. JOSEPH responded that he would find it inappropriate for
anyone to ask a candidate their party affiliations or a party's
values. As to personal values, he would first consider their
performance, work history, experience, and actions at the bench,
as actions speak louder than words.
1:31:48 PM
REPRESENTATIVE KELLER questioned whether a judge should ever
create law in its judgements within the judicial system.
MR. JOSEPH asked if Representative Keller was asking whether a
judge should make a decision based on gut feelings, "no."
Judges should read cases carefully, perform research, and not
make decisions from how he/she feels about cases or situations.
REPRESENTATIVE KELLER noted that if he were on the council he
would struggle with those questions and hopes that the judge
would be interested in making determinations based on the law
that exists.
1:34:09 PM
REPRESENTATIVE CLAMAN said he is pleased Mr. Joseph will bring a
rural perspective to the Alaska Judicial Council, and that his
resume shows he will speak up for his own views and will work
with the council, yet be independent.
1:34:58 PM
REPRESENTATIVE GRUENBERG advised the committee does not have Mr.
Joseph's application and questioned whether he is a registered
voter. He remarked that he is interested in the application
form itself.
MR. JOSEPH related that he is a registered voter.
1:36:21 PM
REPRESENTATIVE KELLER moved to forward the name of Allen M.
Joseph to the joint session of the House and Senate for
confirmation.
REPRESENTATIVE GRUENBERG objected for discussion and not the
nomination.
CHAIR LEDOUX advised Representative Gruenberg whether he is not
objecting to the nomination, then after the nomination is
forwarded the committee can have a brief discussion of what ...
assuming his discussion is germane to the appointee process.
REPRESENTATIVE GRUENBERG stated "it is," and he withdrew his
objection.
CHAIR LEDOUX advised that there being no objection, the
confirmation of Allen M. Joseph is advanced from the House
Judiciary Standing Committee.
1:37:17 PM
The committee took an at-ease from 1:37:17 to 1:38:59 p.m.
1:38:59 PM
REPRESENTATIVE GRUENBERG said he noticed on an application form,
"Are you a registered voter," and advised research is being
performed as to whether the question is constitutional.
1:40:01 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:40 p.m.
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