Legislature(2001 - 2002)
01/24/2001 01:36 PM Senate JUD
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY COMMITTEE
January 24, 2001
1:36 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Dave Donley, Vice Chair
Senator John Cowdery
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
Confirmation Hearing - Select Committee on Legislative Ethics
PREVIOUS COMMITTEE ACTION
No previous action.
WITNESS REGISTER
Mr. Thomas P. Owens, Jr.
1500 West 33rd Avenue
Anchorage, Alaska 99503
Mr. Dennis "Skip" Cook
1714 4th Avenue, Suite 200
Fairbanks, Alaska 99701
ACTION NARRATIVE
TAPE 01-2, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Senate Judiciary Committee meeting
to order at 1:36 p.m. Present were Senator Ellis, Senator
Therriault, Senator Cowdery and Chairman Taylor.
CHAIRMAN TAYLOR announced the committee would take up confirmation
hearings for the Select Committee on Legislative Ethics. He
thanked Mr. Owens for his willingness to serve on the committee and
asked him to give his presentation.
MR. THOMAS OWENS said he has been in Alaska since 1967 and is a
senior partner with the law firm Owens and Turner in Anchorage. He
graduated from the United States Air Force Academy with a degree in
engineering, as a rated navigator, and commissioned second
lieutenant. He has a jurist doctorate from the Duke University
School of Law and a master's degree in clinical psychology from
Alaska Pacific University. He is certified in neurolinguistic
programming and is also a certified individual and organizational
coach.
MR. OWENS has been practicing law, psychology, and consulting in
Anchorage. He has submitted a list of Owens and Turner's
representative clients to the committee. Mr. Owens specializes in
litigation and persuasion, and he represents employers in labor and
employment relation matters.
MR. OWENS said he is happy to volunteer his services for the
legislative ethics committee. He feels he can do a good job and he
looks forward to participating in the committee work, which he
considers to be primarily educational. He also looks forward to
assisting the legislature in living within the laws it has adopted
to regulate it's own conduct. Mr. Owens does not consider his
function as a member of the legislative ethics committee to be a
watchdog.
Number 268
SENATOR THERRIAULT asked if there was any one client he does a
preponderance of work for.
MR. OWENS said his law firm does not have one dominant client; they
represent many businesses in and outside of Alaska.
SENATOR THERRIAULT asked for the number of licensed practitioners
in his law firm.
MR. OWENS answered that there are currently eight lawyers working
for Owens and Turner.
Number 386
CHAIRMAN TAYLOR asked how or if he distinguishes between the words
morality and ethics.
MR. OWENS replied he would apply the statute as the legislature has
adopted it; he would not substitute his sense of what's morally
right or morally wrong for the decisions that have already been
made by the legislature.
CHAIRMAN TAYLOR said that attorneys live by a code of ethics that
is interpreted and regulated by a panel within the bar association.
People who practice law have a unique understanding of the judicial
code. Chairman Taylor said that sometimes the layperson thinks
that morality is a subject for discussion by the ethics committee.
He is troubled by this because a legislator can be highly ethical
in the way he/she conducts themselves, and at the same time be an
alcoholic. There are certain people in the public who would find
this personal conduct offensive to their moral code. Chairman
Taylor asked if Mr. Owens felt there was a distinction here.
Number 707
MR. OWENS said he feels there is a distinction. When interpreting
and enforcing the code of ethics, it is important to deal with
ethical behavior, without superimposing a person's own moral code.
The ethics committee seeks to interpret and assist in self-
regulation and enforcement.
Number 831
SENATOR DONLEY said the Alaska Public Offices Commission (APOC)
sometimes extrapolates its own view of the statutes and does not
always confine itself to the parameters of the statutes. APOC has
not always attempted to find legislative intent, it has imported
its own thoughts into what the statutes should mean, rather than
what they say. He asked Mr. Owens about his personal philosophy in
dealing with this.
MR. OWENS said he is impressed with the way the past ethics
committee has gone about setting up the committee process in giving
informal advice and answering questions. This process has enabled
the committee to develop a body of advice law, which is of benefit
to everyone. As far as his role, the first thing he will look to
is the statute - what the legislature has announced as its own
rules to govern its own conduct.
Number 1014
SENATOR THERRIAULT asked how Mr. Owens' name was advanced.
MR. OWENS replied he was called by Chief Justice Dana Fabe who
asked him to serve on the ethics committee. He considered the
request and informed her he would be honored to serve. She then
wrote a letter nominating him.
CHAIRMAN TAYLOR thanked him for offering to serve on the panel,
having someone with his background and experience is a real plus
for everyone.
MR. OWENS said he would like to make one comment for the record -
he would like his name to read Thomas P. Owens, Jr.
SENATOR COWDERY asked that the letter approving Mr. Thomas P.
Owens, Jr. to the Select Committee on Ethics be sent to the full
Legislature for consideration.
CHAIRMAN TAYLOR announced Mr. Dennis E. "Skip" Cook as the next
person for consideration. Chairman Taylor asked him to give his
presentation to the committee.
Number 1191
MR. DENNIS E. "SKIP" COOK said he has been serving on the
legislative ethics committee for the last two years. He was
initially contacted by Chief Justice Skip Matthews and this year he
was contacted by Chief Justice Dana Fabe. He is willing to
continue serving on the committee because there has been a high
turnover in personnel this year, and he feels that continuity and a
smooth transition are important for the committee. For the second
year, he will be chairman of the overall ethics committee.
MR. COOK said he was born and raised in Fairbanks and has only
lived away to attend school. He went to MIT undergraduate school
and received a degree in economics, politics, and engineering. He
has a master's degree in political science and he also has a law
degree. He ran the first organizational election for the North
Star Borough and he managed the centennial exposition in Fairbanks.
Mr. Cook worked for Governor Egan as head of the Local Affairs
Agency, which was the predecessor of the Department of Community
and Regional Affairs.
MR. COOK said he has been with Cook, Schuhmann & Groseclose for 31
years. The firm has ten lawyers, five partners, and five
associates.
MR. COOK said he has enjoyed his service on the committee and is
happy to continue as a member. As a group, the committee tries to
make certain that people know what the ethical expectations are,
and because of this, complaints have been few.
MR. COOK commented that the committee is there to make certain that
the ethic disclosures that are required to be made are made. They
review the disclosures and if there is a complaint, the committee
will then take action. The committee is not out in the forefront
campaigning for anyone's perceived set of morals.
CHAIRMAN TAYLOR thanked him on behalf of the committee for his
years of service and for staying on to provide continuity.
SENATOR THERRIAULT disclosed that his wife is one of the five
partners at Cook, Schuhmann and Groseclose and that Mr. Cook is a
personal friend of his.
SENATOR COWDERY asked that the letter approving Mr. Dennis E.
"Skip" Cook to the Select Committee on Legislative Ethics be sent
to the full legislature for approval.
CHAIRMAN TAYLOR announced that there is no scheduled date to hear
SB 37 yet. There being no further business to come before the
committee, the meeting was adjourned at 2:04 p.m.
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