Legislature(2007 - 2008)CAPITOL 120
03/02/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Attorney General | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 2, 2007
1:07 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative John Coghill
Representative Bob Lynn
Representative Ralph Samuels
Representative Max Gruenberg
MEMBERS ABSENT
Representative Nancy Dahlstrom, Vice Chair
Representative Lindsey Holmes
OTHER LEGISLATORS PRESENT
Representative Kurt Olson
Representative Bill Stoltze
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Attorney General
Talis Colberg - Palmer
- CONFIRMATION(S) HEARD AND HELD [Confirmation of
Mr. Colberg addressed again on 3/14/07]
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
TALIS COLBERG, Appointee
Attorney General
Palmer, Alaska
POSITION STATEMENT: Testified as appointee to the position of
Attorney General.
ACTION NARRATIVE
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:07:32 PM. Representatives Gruenberg,
Coghill, Samuels, Lynn, and Ramras were present at the call to
order. Representatives Olson and Stoltze were also in
attendance.
^CONFIRMATION HEARING(S)
^Attorney General
1:08:03 PM
CHAIR RAMRAS announced that the only order of business would be
the consideration of the appointment of Talis Colberg to the
position of Attorney General.
CHAIR RAMRAS offered his belief that Mr. Colberg is honorable
and forthright, and mentioned that the committee would like to
hear Mr. Colberg's thoughts on issues of past, present, and
future interest to Alaska.
1:11:58 PM
TALIS COLBERG, Appointee, Attorney General, provided the
committee with some personal information, including where his
parents came from, where he was born, where he grew up, the
various cities and towns that he's lived in, where he went to
school, his accomplishments while a child and a young adult,
where he'd gone to college, his marital history/status, his
employment history to date, his teaching career, his community
service, his continuing education efforts, and his hobbies and
other items of interest to him.
MR. COLBERG offered that he has an understanding of the concerns
that people have regarding the legal system, and relayed that as
an attorney he has done work in the fields of property/casualty
law, divorce law, business law, wills/trusts/probates, and that
his specialty is worker's compensation, as both a defense
attorney and a plaintiff's attorney. He mentioned that he is
also familiar with circumpolar health issues, the nature of
judicial selection versus election, "the pros and cons of the
systems that are available," the history of Alaska, the history
of Alaska territorial politics, the origins of state Native and
non-Native affairs and festivals, and Alaska municipal and
borough needs and workings.
MR. COLBERG indicated he's also had an opportunity to work
statewide, via the Alaska Humanities Forum, on various projects,
including [one] that may ameliorate what some refer to as the
urban/rural divide. He noted also that he has lived in Alaska
for almost half a century, was born in Alaska, is older than
most who've been appointed to serve as attorney general in
Alaska, has practiced law longer than most of the aforementioned
people when they were appointed, has been active in the legal
field and the university field - both as a student and as an
instructor - and has been active in the civic affairs of the
state.
MR. COLBERG, in response to a question regarding whether it
would be better to elect an attorney general as opposed to
having the attorney general appointed, said that his traditional
answer leans towards the idea that having an elected attorney
general seems to be a way of dividing power and keeping it from
being too concentrated, though obviously electing an attorney
general could also become somewhat obstructive in that a
political position could be seen by some people as an
opportunity to advance a career as opposed to doing what might
be the appropriate thing. He spoke a bit on the topic of an
elected judiciary, and then posited that the reason most states
have an elected attorney general is because they are comfortable
with that system. One of the valuable points of Alaska's system
is the concept that a governor and a state are perhaps better
served by someone who isn't trying to raise [campaign] funds and
promote a particular agenda but is instead simply trying to do
the job in a more neutral fashion.
1:28:05 PM
REPRESENTATIVE COGHILL opined that an appointed attorney general
would have a loyalty to the governor whereas an elected attorney
general would have a loyalty to the populace.
MR. COLBERG said that statutes stipulate that he is the attorney
general for the whole state and must therefore act as an advisor
to the governor, the administration, the departments, and the
legislature. He surmised that he was picked as being someone
who would strive to do the job correctly. In response to a
question, he indicated that in order to serve all parties, he
would first make a [distinction] between policies and the law;
having a general policy direction and being in alignment with
that is one thing, but if it gets to the point of running up
against an issue of law, it's important to not try to bend a
legal opinion to fit the policy goal just to please the
governor. He offered that the DOL staff can be relied upon to
give a proper legal opinion, adding that when he seeks opinions
from his staff, he is starting off with a general presumption
that the person is attempting to give him the correct answer,
which he, in turn, passes on to those that have come to him for
advice.
MR. COLBERG, in response to questions, relayed that when he is
asked for advice, he does not first run that issue by the
governor or anyone else but instead simply allows his staff to
do their job and provide him with the information that he needs
to fulfill the request made of him. He also surmised that when
members of his staff are asked to provide opinions, they are not
first running everything by him, though for certain issues and
decisions, his staff will ultimately come to him. In response
to further questions, he said that although he would not
advocate for having the state's attorney general be elected -
particularly given the current governor - he would not be
adverse to the concept should legislation come forth requiring
it, though he, himself, would not run for the position.
1:40:34 PM
REPRESENTATIVE COGHILL mentioned state/federal jurisdictional
issues, Alaska National Interest Lands Conservation Act
(ANILCA), fisheries policy, rivers and other waters, and said he
would like the state - via the attorney general and the governor
- to ask the federal government to make a decision on the
"federal tribal status." He went on to say:
For money purposes, coming into Alaska, we have money
coming into various different tribal groups, but it's
been kind of the way of establishing a sovereignty
movement that really is inappropriate, in my view, and
puts us in huge tension as to how do we enforce
criminal laws, how do we enforce child enforcement
safety laws, how do we [enforce] ... all these various
laws. And we've had kind of this flex system because
we have people acting like they have sovereignty, we
have the feds that ... won't address the issue but
they keep giving money and they keep calling various
different things, "tribal," which they won't define.
... [It] puts our police in a bad position, puts you
in the department of law in a bad position, puts us as
[legislators] in a bad position. So is there
something that you, or you and the governor, ... [are]
focused on [in order to] ... get this thing resolved?
MR. COLBERG said that although there is nothing specific in the
works, that issue is something that he would like to be the
focus of his tenure as attorney general, provided that he has
the time to devote to it. He went on to offer a theory
regarding how the current situation came to be, and said it
would be nice if there were a way to resolve the uncertainties
that currently litter the landscape as a result of competing,
inconsistent jurisdictions. Many in the Native community are
apprehensive about surrendering what they perceive as
sovereignty. He mentioned that the Alaska Rural Justice and Law
Enforcement Commission, of which he is co-chair, spends a huge
amount of time trying to figure out how to apply the Indian
Child Welfare Act such that the state can play a role.
MR. COLBERG reiterated that he wants to make an effort to
resolve this issue, to get the federal government to make a
determination, adding that he is willing to pursue any possible
avenue. He mentioned that he'd spoken to Ted Popely and Don
Mitchell (ph), and offered his belief that they were of the
opinion that a court case that would lead to critical decisions
being made, one way or the other, was one method by which to
resolve the issue. Mr. Colberg pointed out that although a
court case would provide answers, it might embitter the parties
in a way that would be hard to overcome for quite some time. He
posited that simply requesting a response from Congress might be
a less confrontational method, and said he doesn't know why the
issue hasn't been addressed in that fashion yet.
1:52:00 PM
REPRESENTATIVE LYNN asked what could be done legally to stop the
federal government from creating [more] wilderness areas in
Alaska.
MR. COLBERG said he will have to research that issue further,
but he is not sure whether anything the state undertakes will
preempt federal legislation. He offered his recollection that
the state, at one point, was not generally in favor of a massive
expansion of the state's park system but lacked an effective
form of resistance.
REPRESENTATIVE LYNN referred to the Alaska Gasline Inducement
Act (AGIA), and asked about potential litigation.
MR. COLBERG said he doesn't envision the AGIA itself engendering
any litigation; once a [gas pipeline] proposal is agreed upon,
however, and steps are taken towards realizing a gas pipeline,
all sorts of litigation might ensue. In response to questions,
he said he's not had trial experience since the beginning of his
legal career, and that he will be relying on attorneys within
the DOL that specialize in whatever area of law a given case
might pertain to; he surmised that those attorneys, when the
situation calls for it, will in turn hire attorneys that
specialize even further in a particular field for any case that
requires it, such as any suit pertaining to oil and gas issues.
CHAIR RAMRAS asked Mr. Colberg whether he would be willing to
address the problems inundating the state's current worker's
compensation system.
MR. COLBERG said he would be willing to apply what he knows in
an attempt to address those problems, though not to the
exclusion of all other issues that are placed before him. He
offered a theory regarding how the current worker's compensation
situation came to be, expanded upon the difficulties of the
situation and the problems associated with possible solutions,
and opined that the whole issue needs to be looked at
comprehensively.
CHAIR RAMRAS relayed that the private sector is desperate for a
solution, and encouraged Mr. Colberg to help as best he can.
2:12:46 PM
REPRESENTATIVE COGHILL said he would like the attorney general
to deal with the "reserve water rights issue," surmising that it
will require the DOL to maintain an aggressive stance and that
there is a willingness on the part of the Department of Natural
Resources (DNR) to work on this issue; with the "R.S. 2477"
issue, though that one might not be so easily addressed; and
with the issue of how the federal government fails to understand
the agreement arrived at under the Alaska National Interest
Lands Conservation Act (ANILCA).
MR. COLBERG expressed a willingness to research those issues
further.
REPRESENTATIVE GRUENBERG asked Mr. Colberg to investigate the
issue of whether the legislature should introduce legislation
that would specifically give the governor the immediate
authority to remove a university regent with cause after a
hearing.
[Chair Ramras turned the gavel over to Representative Coghill.]
MR. COLBERG said he would.
REPRESENTATIVE GRUENBERG asked Mr. Colberg whether he would be
willing, on behalf of the state, to file an amicus curiae brief
in a case going before the U.S. Supreme Court on the issue of
open primaries.
MR. COLBERG said he'd not yet had a chance to review that issue.
REPRESENTATIVE LYNN asked him to do so.
2:24:16 PM
MR. COLBERG, in response to questions about the direction the
State of Alaska took with regard to [the Venetie case],
indicated that it provides a good illustration of the
distinction between a matter of policy and a matter of law, and
acknowledged that there are still some issues surrounding [that
case] which haven't been resolved, though perhaps not all of
those issues would have been resolved even if the lawsuit had
been pursued, since litigation generally only addresses specific
points. In response to a further question, he reiterated that
he would be willing to ask Congress to address the issue of
[tribal sovereignty].
[Representative Coghill returned the gavel to Chair Ramras.]
MR. COLBERG, in response to a question, indicated he's not yet
had time to consider the issue of whether any changes need to be
made regarding how the DOL conducts its business.
REPRESENTATIVE COGHILL said one of the issues the legislature is
concerned about pertains to criminal sentencing, particularly
the plea bargaining process. He asked Mr. Colberg to comment.
MR. COLBERG mentioned that a lack of resources can become an
issue as the department attempts to find ways to stretch the
resources it has and still get the job done. He suggested that
additional resources regarding staffing levels might result in a
rise in conviction rates, and spoke of the department's high
turnover rate and the comparatively low salary rate for state-
employed attorneys; absent more resources, it's hard to envision
how to adequately sustain prosecutions and other services.
REPRESENTATIVE COGHILL said he is concerned that the resources
at the prosecution level are so slim that misdemeanors are not
even being dealt with, thus engendering an attitude of
lawlessness.
MR. COLBERG concurred, and relayed that the Alaska Rural Justice
and Law Enforcement Commission is attempting to address the lack
of sufficient law enforcement, particularly in remote areas of
the state, but there too the issue of adequate compensation
arises.
2:39:28 PM
CHAIR RAMRAS concurred with Representative Coghill's points, and
asked Mr. Colberg to articulate his vision regarding what he
wants to accomplish as attorney general.
MR. COLBERG said his vision is to try to address the urban/rural
divide, which he characterized as getting worse. In response to
questions and comments, he again spoke of the comparatively low
salary rate for state-employed attorneys and the difficulty of
retaining competent staff. In response to further questions, he
said that the DOL employs approximately 540 people, that all of
the attorneys are exempt, that he's terminated one employee, and
that in the case of that termination, although he was ultimately
responsible for the decision, he did receive input.
MR. COLBERG, in response to questions, said he has a high level
of respect for the Alaska Supreme Court and the current judicial
system, and that it would be wrong for him to try to
characterize the Alaska Supreme Court as being activist. In
response to further questions, he said that he doesn't have a
desire to change how judges are selected; that perhaps the
composition of the Alaska Judicial Council (AJC) is a bit skewed
with regard to its attorney members because Alaska Bar
Association (ABA) members don't participate much when it comes
to voting on members to serve on the AJC; that if the
legislature wanted to it could change statute such that the ABA
would have to present the governor with more possible candidates
for the AJC; that he would research whether a state-employed
attorney can serve on the AJC; and that should a judge face
criminal prosecution, the matter would have to come before his
office.
[Members then provided Mr. Colberg with a list of issues they
wanted him to address the next time he came before the
committee.]
[The House Judiciary Standing Committee considered the
appointment of Talis Colberg to the position of Attorney General
again on 3/14/07.]
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:03 p.m.
| Document Name | Date/Time | Subjects |
|---|