Legislature(2021 - 2022)GRUENBERG 120
03/11/2021 01:00 PM House MILITARY & VETERANS' AFFAIRS
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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
March 11, 2021
1:19 p.m.
MEMBERS PRESENT
Representative Chris Tuck, Chair
Representative Andi Story
Representative Geran Tarr
Representative Matt Claman
Representative George Rauscher
Representative David Nelson
Representative Laddie Shaw
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Military Appeals Commission
John Pharr - Anchorage
Robin Barrett - Fairbanks
Scott Oravec - Fairbanks
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JOHN PHARR, Appointee
Military Appeals Commission
Anchorage, Alaska
POSITION STATEMENT: Testified as an appointee to the Military
Appeals Commission.
ROBIN BARRETT, Appointee
Military Appeals Commission
Fairbanks, Alaska
POSITION STATEMENT: Testified as an appointee to the Military
Appeals Commission.
SCOTT ORAVEC, Appointee
Military Appeals Commission
Fairbanks, Alaska
POSITION STATEMENT: Testified as an appointee to the Military
Appeals Commission.
ACTION NARRATIVE
1:19:22 PM
CHAIR CHRIS TUCK called the House Special Committee on Military
and Veterans' Affairs meeting to order at 1:19 p.m.
Representatives Claman, Rauscher, Tarr, Nelson, Shaw, Story, and
Tuck were present at the call to order.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Military Appeals Commission
Military Appeals Commission
1:20:16 PM
CHAIR TUCK announced that the only order of business would be
the confirmation hearing for appointees to the Military Appeals
Commission.
1:20:49 PM
JOHN PHARR, Appointee, Military Appeals Commission, read his
testimony as follows [original punctuation provided]:
Chairman Tuck, members of the committee, my name is
John Pharr, and I am honored to have been nominated
for the military appeals commission. This is my
forty-third year in the full-time practice of law and
I still regard it as a great privilege to use my
training and skills to help people who really need my
help, sometimes desperately. My military career
developed alongside my legal career. It started in
1971 when I joined ROTC as a freshman at Penn State,
where I was awarded a two-year scholarship, was a
distinguished military graduate, and commissioned a
second lieutenant. In 1974 I completed Airborne
school and got my jump wings. After a three-year
educational delay to attend law school at Georgetown
University Law Center I entered the Judge Advocate
General Corps as a Captain. In four years on active
duty as a military lawyer I was stationed in the
[United States] Disciplinary Barracks, the military
prison at Fort Leavenworth, Kansas, then one year in
Korea and then Fort Lewis, Washington. After active
duty I stayed in the Reserves while in the private
practice of law and completed 20 years in the
Reserves, earning a retirement. This duty helped me
stay engaged in the military community and stay up to
date on military law and procedures. To complete 20
years in the Reserves I had to do two weeks active
duty every year, pass a physical fitness test and a
weigh-in, earn 50 points per year and satisfy
educational requirements including the advance course
and the U.S. Army Command and General Staff College.
I retired as a Lieutenant Colonel after 20 years.
While serving as a military lawyer I served mostly as
a trial counsel, i.e. military prosecutor, and in the
trial defense service, i.e. military defense counsel,
but also as an administrative law officer and legal
assistance officer, dispensing legal advice to
soldiers of all ranks. I was awarded the Meritorious
Service Medal and three Army commendation medals.
Military means a lot to me and has been such a major
factor in my life that I would be thrilled, and no
lesser word will suffice, to be able to give back by
serving on the Military Appeals Commission. Thank
you.
1:23:10 PM
CHAIR TUCK opened for questions from the committee.
1:25:01 PM
REPRESENTATIVE TARR noted that the Military Appeals Commission
was created last fall and asked Mr. Pharr to share what has
happened since the creation, such as whether there have been
meetings.
MR. PHARR replied that that there have not been meetings of the
Military Appeals Commission and that he understands that it
doesn't get "kicked off" until the appointees are vetted by the
Legislature and approved.
REPRESENTATIVE TARR asked if Mr. Pharr could expand on the
purpose of the commission.
MR. PHARR alluded to "that scandal" as a catalyst for the
creation of the Military Appeals Commission and noted that the
Alaska National Guard ("the Guard") had no military disciplinary
methods or structure in place for courts martial, so a military
structure developed as a counterpart for what one would find in
active-duty military to court martial servicemembers in the
Guard.
REPRESENTATIVE TARR said that she didn't know what had occurred
since the creation of the Military Appeals Commission and that
she will be very interested to see how this works going forward.
MR. PHARR responded, "As will I."
1:28:25 PM
CHAIR TUCK said that he would attempt to sum up what he
understands. He said that the state hadn't had an updated
Military Code of Justice since it was first established (in the
1950s) until 2016, when it was split into criminal activity,
which went into statute, and personnel matters, which went into
regulations. Legal procedures were different for active duty
versus inactive military personnel, with a court martial
procedure applying to those who had been "federally called out."
The legislature tried to ensure Alaska was aligned with the
federal recommendations on the Military Code of Justice. He
then indicated that he thinks this commission is the result of
that earlier legislation, and the state is finally getting to
the appeals situation. He then asked Mr. Pharr to confirm his
understanding..
MR. PHARR responded that he agrees with Representative Tuck's
statements.
1:29:55 PM
REPRESENTATIVE NELSON congratulated Mr. Pharr and referred to
his own Reserve Officers' Training Corps (ROTC) experience, then
asked for clarification on how his experience as a prosecutor
would relate to his role on the commission.
1:30:38 PM
MR. PHARR responded with biographical information included in
the committee packet, described similarities between military
and civilian trials, and said that he did military prosecution
which would be applicable in this role.
1:35:13 PM
CHAIR TUCK opened public testimony on the appointment of Mr.
Pharr. After ascertaining that there was no one who wished to
testify, he closed public testimony.
1:35:47 PM
REPRESENTATIVE STORY noted that the intent in creating the
commission was to help with the reform on sexual assault, and
that it's her understanding that the commission will be looking
at individual cases. She then asked what the commission's role
should be if the appointee were to see a pattern in cases.
1:36:33 PM
MR. PHARR replied that he would try to apply the law to the
facts instead of getting caught up in policy. He said that he
"would probably speak up" if he saw a pattern that was
disturbing, and he stated that he's not a policymaker, and that
the role of a judge is to apply the law to the facts.
1:38:40 PM
ROBIN BARRETT, Appointee, Military Appeals Commission, gave an
accounting of her educational background beginning with her
education and military experience beginning with Lamar
University and the ROTC program, her commission, and subsequent
educational delay for law school at the University of Houston.
She said that she was assigned to Eielson Air Force Base and
served for four years in the legal office before leaving for
private practice doing civil defense work. She later joined the
National Guard and spent 16 years in the legal office before
retiring as a Lieutenant Colonel.
1:42:44 PM
REPRESENTATIVE STORY inquired about the Air National Guard's
reform on sexual assault and abuse and how Ms. Barrett would
handle patterns of harm.
MS. BARRETT replied that she doesn't know how likely it is that
those cases would come to the commission, and she believes that
"courts will be rare" because there are no full-time judge
advocates. She said that if she saw a pattern, she would reach
out to the adjutant general for a discussion. She then said
that she had not witnessed the military overlooking allegations
or sexual abuse.
1:45:39 PM
REPRESENTATIVE NELSON asked what type of change she has seen
from the U.S. Department of Defense responding to the Judge
Advocate General's Corps (JAG) office or to sexual assault.
MS. BARRETT replied that the topic is emphasized more now, with
training on sexual assault and harassment. She noted that she
has seen an improvement in how the military treats women and
minorities.
1:48:35 PM
REPRESENTATIVE RAUSCHER asked, "What is the Little Flowers
Ministry?"
1:49:09 PM
MS. BARRETT responded that the Little Flowers Ministry is a
nonprofit organization that works to bring Catholic radio to
Fairbanks, and that she sits on the board. She noted that she
also sits on the board of Morning Star Ranch.
1:50:27 PM
CHAIR TUCK opened public testimony on the appointment of Ms.
Barrett. After ascertaining that there was no one who wished to
testify, he closed public testimony.
1:51:12 PM
SCOTT ORAVEC, Appointee, Military Appeals Commission, spoke
about his history and experience. He stated that he has been
licensed to practice law in Alaska since 2001 and went through
ROTC, and currently serves as U.S. magistrate judge with the
federal court. He said that he served in active duty in the
Army Judge Advocate General Corps (JAG) and continues to serve
in the U.S. Army Reserve as a JAG and as a military trial judge.
1:52:18 PM
REPRESENTATIVE CLAMAN noted that the Military Appeals Commission
is an appellate court role and asked Mr. Oravec how he sees it
differing from his current work in a trial court role.
1:53:08 PM
MR. ORAVEC responded that he believes his experience reading
cold records, reviewing state court actions and federal cases,
as well as his experience as a military trial judge would be
useful in reading the trial records.
1:54:00 PM
CHAIR TUCK opened public testimony on the appointment of Mr.
Oravec. After ascertaining that there was no one who wished to
testify, he closed public testimony.
1:55:01 PM
REPRESENTATIVE STORY asked what Mr. Oravec would do if he saw a
pattern of sexual assault cases coming through.
MR. ORAVEC responded that while he would feel the need and
desire to "speak up" if he saw a pattern of sexual assault
cases, in this position he would want to ensure that any
comments were made to the appropriate authority.
1:56:17 PM
REPRESENTATIVE CLAMAN spoke about the importance of the Military
Appeals Commission.
1:58:04 PM
REPRESENTATIVE TARR stated that the House Special Committee on
Military and Veterans' Affairs has reviewed the qualifications
of the governor's appointees to the Military Appeals Commission
and recommends that the following names be forward to a joint
session for consideration: John Pharr, Robin Barrett, and Scott
Oravec. She said that this does not reflect intent by any of
the members to vote for or against these individuals during any
further session for the purposes of confirmation.
CHAIR TUCK announced that the confirmations were advanced.
1:59:02 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 1:59 p.m.
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