Legislature(2001 - 2002)

01/23/2002 01:35 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE JUDICIARY COMMITTEE                                                                                 
                        January 23, 2002                                                                                        
                            1:35 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                              
Senator Robin Taylor, Chair                                                                                                     
Senator Dave Donley, Vice Chair                                                                                                 
Senator John Cowdery                                                                                                            
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gene Therriault                                                                                                         
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Confirmation Hearing - Select Committee on Legislative Ethics                                                                   
     H. Conner Thomas                                                                                                           
- CONFIRMATION ADVANCED                                                                                                         
     Bonnie L. Mehner                                                                                                           
- CONFIRMATION ADVANCED                                                                                                         
     Arthur S. Robinson                                                                                                         
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
H. Conner Thomas                                                                                                                
P.O. Box 865                                                                                                                    
Nome, AK  99762                                                                                                                 
                                                                                                                                
Bonnie L. Mehner                                                                                                                
3201 C Street  #200                                                                                                             
Anchorage, AK  99503                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-01, SIDE A                                                                                                            
                                                                                                                                
CHAIRMAN  ROBIN  TAYLOR  called  the  Senate  Judiciary  Committee                                                            
meeting  to order  at  1:35 p.m.    Members present  were  Senator                                                              
Donley, Senator Cowdery,  Senator Ellis and Chairman  Taylor.  The                                                              
order  of business  was  Select  Committee on  Legislative  Ethics                                                              
Confirmation Hearings.                                                                                                          
                                                                                                                                
CHAIRMAN TAYLOR announced the first order of business would be                                                                  
the confirmation  hearing of H.  Conner Thomas on  his appointment                                                              
to the Ethics Committee.   He thanked Mr. Conner  on behalf of the                                                              
committee for  volunteering to  serve.  He  asked him to  give the                                                              
committee a brief  resume or comments important  in evaluating his                                                              
appointment.                                                                                                                    
                                                                                                                                
MR. H. CONNER THOMAS, Alaska Legislative  Ethics Committee member,                                                              
testifying  via   teleconference,  said  he  had   served  on  the                                                              
Legislative Ethics  Committee for one  term.  He had  learned what                                                              
his role was  and the usefulness  of the Ethics Committee.   He is                                                              
an  attorney and  has  been practicing  law  in  Nome since  1978,                                                              
starting  with  Alaska Legal  Services  and the  Public  Defenders                                                              
Office  and he has  been the  Magistrate.   In 1986  he went  into                                                              
private practice in a small general practice firm.                                                                              
                                                                                                                                
He found work  on the Ethics Committee interesting  and he felt it                                                              
was a  public service.   He found the  time commitment was  not so                                                              
great that it interfered with practicing law.                                                                                   
                                                                                                                                
CHAIRMAN TAYLOR  thanked him for  his service over the  last year.                                                              
He asked if there  were questions from the committee  members.  He                                                              
asked Mr. Thomas if this committee had previously confirmed him.                                                                
                                                                                                                                
MR. THOMAS answered yes, for the first service.                                                                                 
                                                                                                                                
SENATOR DONLEY  asked if  he had reviewed  some of the  changes in                                                              
the ethics  law that  passed with SB  103 (Election Campaigns  and                                                              
Legislative Ethics).                                                                                                            
                                                                                                                                
MR. THOMAS answered  that he was aware of the changes  but had not                                                              
reviewed them in depth.                                                                                                         
                                                                                                                                
SENATOR DONLEY  said there  were a couple  of changes  that seemed                                                              
specifically directed  at decisions of the Ethics  Committee.  The                                                              
Ethics  Committee  might have  felt  constrained  by the  way  the                                                              
statute was written  causing them to do something  with which they                                                              
might not have even agreed with.                                                                                                
                                                                                                                                
He gave  an example  of an ethics  opinion that  said it  would be                                                              
improper   to  use  state   resources  to   ship  computers   that                                                              
legislators had bought with their  own resources but were using in                                                              
their office for  state business.  That was one  of the provisions                                                              
in SB  103 that  was directly  overturned.   He didn't  understand                                                              
that decision  because for  a long  time it was  very hard  to get                                                              
equipment out of  the leadership in the legislature.   Legislators                                                              
would buy equipment  with their own funds or campaign  funds.  The                                                              
opinion that it  wasn't appropriate for the state  to pay to bring                                                              
those computers down  so people could use them  for state business                                                              
did not  make sense to  him.  He said  the Ethics Committee  got a                                                              
little carried  away.  He thought  maybe they felt  constrained by                                                              
the way  the specific  statute was written  but the result  didn't                                                              
seem to make  common sense.  He  hoped some of those  problems had                                                              
been fixed in SB 103.                                                                                                           
                                                                                                                                
MR.  THOMAS  didn't think  he  could  comment on  that  particular                                                              
opinion because he  was not a part of that group  at the time that                                                              
particular  decision  was  rendered.     He  said,  based  on  his                                                              
experience on the  committee, people do spend quite  a bit of time                                                              
looking at  the real impact of what  the decision is going  to be.                                                              
They are  constrained to  a large  extent by  the language  in the                                                              
statute and  it may  be that  was the  reasoning of the  committee                                                              
that  it did  not fit  with the  language.   He  said even  though                                                              
something may  have a common  sense outcome  if it is  contrary to                                                              
the clear statutory  language then he did not  think the committee                                                              
had a lot of  choice.  Hopefully it comes back to  where it has in                                                              
this case, for the Legislature to  make the decision about whether                                                              
it should  be modified.  He  understood that any  individual given                                                              
set of facts might result in an odd result at times.                                                                            
                                                                                                                                
SENATOR DONLEY  said one of the  big challenges of ethics  laws is                                                              
to craft  them in  such a way  that it  applies reasonably  to the                                                              
vast majority of circumstances.                                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR said  that Mr.  Thomas was  constrained, just  as                                                              
Senator  Donley, himself  and  any lawyer  that  serves in  public                                                              
office, to reveal in your APOC (Alaska  Public Offices Commission)                                                              
disclosure:                                                                                                                     
   · A list of all clients from whom you receive more than $1000.                                                               
   · To provide a separate listing of any client on whose behalf                                                                
     you may have contacted a state agency.                                                                                     
   · To list what that agency is.                                                                                               
                                                                                                                                
He  asked Mr.  Thomas  to  give his  opinion  as to  the  inherent                                                              
conflict  that exists  between  the legal  canons  of ethics  that                                                              
lawyers are  sworn to uphold and  carry out, and  the requirements                                                              
of that disclosure.                                                                                                             
                                                                                                                                
MR. THOMAS answered that he felt  the problem a lot of people have                                                              
with that is  when someone comes into your office  they expect you                                                              
to keep  the matter confidential  unless you end  up in court.   A                                                              
lot of situations  they deal with don't go to court.   Some people                                                              
are unhappy  with the fact  that their names  appear in a  list as                                                              
having consulted with an attorney.   That is a conflict as he sees                                                              
it and  understands some  people have a  very strong  feeling that                                                              
they shouldn't have  to disclose that and in fact  refuse to serve                                                              
on this  committee or  others as a  result of  that.  That  is the                                                              
conflict.   He said  he had given  it quite a  bit of  thought and                                                              
thinks  it  is  appropriate  because   of  the  possibility  of  a                                                              
significant  financial connection  that may  influence a  decision                                                              
one  way or  the other.    He said  he  definitely understood  the                                                              
conflict.                                                                                                                       
                                                                                                                                
CHAIRMAN  TAYLOR said  he wasn't  arguing  whether or  not it  was                                                              
appropriate.   He shared  the concerns about  misuse of  office by                                                              
those who might fail to disclose  such a conflict.  He asked if he                                                              
also report the clients of his associates within the firm.                                                                      
                                                                                                                                
MR. THOMAS said that was correct.                                                                                               
                                                                                                                                
CHAIRMAN  TAYLOR recounted  a personal  situation  where for  some                                                              
years  he  maintained  a  law  practice   in  Petersburg  with  an                                                              
associate and  in Wrangell  with a couple  of associates.   He had                                                              
submitted the required  lists to APOC.  A newspaper  published all                                                              
those  contacts between  his  offices and  state  agencies in  the                                                              
newspaper  with  the  clients'  names  and what  agency  had  been                                                              
contacted.  He  received a phone call from a  family in Petersburg                                                              
because that was  how their seven-year-old daughter  found out she                                                              
was adopted, by reading it in the newspaper.                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR said his office didn't  see a new client for about                                                              
three months.  His associate decided  that he could not live under                                                              
that sort  of a constraint and  practice law meaningfully  so that                                                              
office was closed.   He said the conflict he was  referring to was                                                              
that his  associate had to have  his name published,  the client's                                                              
name published and  the fact that he had been required  by the law                                                              
to contact  the Department of Health  and Social Services  at that                                                              
time  to get  confirmation  that  he could  move  forward with  an                                                              
adoption.                                                                                                                       
                                                                                                                                
Chairman Taylor said  he raised the point because  these things do                                                              
have an  effect though he  still believed in the  appropriateness.                                                              
He explained  how people  in the  legislature, calling  themselves                                                              
consultants made hundreds  of thousands of dollars  a year working                                                              
for various interests.  When asked  by the press what they did for                                                              
those  dollars they  said they  secured permits  for them  through                                                              
state agencies.  He didn't think  it was an appropriate action and                                                              
out of it came  laws like those being discussed.   It troubled him                                                              
and he was glad to hear that Mr.  Thomas had thought about it too,                                                              
as it  involves professionals who  choose to volunteer  for public                                                              
service  and  it has  a  chilling impact  upon  candidates.     He                                                              
specified  those who  practice law  because he  thought he  is the                                                              
only  legislator who  maintains an  active  practice of  law.   He                                                              
wanted  Mr. Thomas  to  understand  the basis  and  reason of  his                                                              
question and appreciated his candor  and the thoughtfulness of his                                                              
answer.                                                                                                                         
                                                                                                                                
MR. THOMAS  said initially  he couldn't  believe they were  asking                                                              
those questions,  that it wasn't  appropriate or right,  but after                                                              
going through the statutes he determined  it was exactly what they                                                              
were  asking.   He said  his position  did  change after  thinking                                                              
about it.                                                                                                                       
                                                                                                                                
CHAIRMAN TAYLOR  said the privilege  is actually a  privilege that                                                              
belongs to  the client.  He said  many firms have been  faced with                                                              
each  client having  to sign  a piece  of paper as  they became  a                                                              
client  of the  firm  volunteering that  those  matters they  were                                                              
discussing with  that attorney could  be made public  through this                                                              
process.  He asked if he did that in his firm.                                                                                  
                                                                                                                                
MR. THOMAS  answered that they don't  and he wouldn't  release the                                                              
matters that  were actually  discussed.  All  that is  released is                                                              
the name of persons who had paid his firm over $1000.                                                                           
                                                                                                                                
CHAIRMAN TAYLOR  said he thought that  if you have contact  with a                                                              
state agency you had to disclose that.                                                                                          
                                                                                                                                
MR. THOMAS said he did not have that type of practice.                                                                          
                                                                                                                                
CHAIRMAN TAYLOR  said he  didn't think he  did either, in  a whole                                                              
year  his firm  had about  five things,  but attorneys  do end  up                                                              
making contact with  state agencies at times and  it was something                                                              
to think about.   He said he would appreciate, in  the future, Mr.                                                              
Thomas's comments and thoughts on  that.  He asked for any further                                                              
questions.   Hearing none, he thanked  Mr. Thomas for  his service                                                              
and his willingness to serve in the future.                                                                                     
                                                                                                                                
SENATOR COWDERY  made a  motion to accept  H. Conner Thomas  to be                                                              
appointed  to the  board of  the Select  Committee on  Legislative                                                              
Ethics and asked for unanimous consent.                                                                                         
                                                                                                                                
CHAIRMAN  TAYLOR   said  there  being  no  objection   the  letter                                                              
approving  Mr.  H.  Conner  Thomas  to  the  Select  Committee  on                                                              
Legislative  Ethics would  be  sent to  the  full Legislature  for                                                              
consideration.                                                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR announced Bonnie  L. Mehner as the next person for                                                              
consideration.  He asked Ms. Mehner  to present her background for                                                              
the committee's information.                                                                                                    
                                                                                                                                
MS. MEHNER, testifying via teleconference,  informed them that she                                                              
was a  40 year  resident of  Alaska and  had been practicing  real                                                              
estate in Anchorage  for the past  27 years.  She serves  as Chair                                                              
of  the Alaska  Community Foundation,  Trustee  on Alaska  Pacific                                                              
University's Board,  and was appointed  by Justice Fabe in  May to                                                              
fill out  the term of  another attorney  who removed  himself from                                                              
the committee  for many of the  points discussed with  Mr. Thomas.                                                              
She  had  attended  several  committee   meetings  and  found  the                                                              
discussion  of ethics  in detail  very interesting.   She did  not                                                              
feel it  was an overwhelming time  commitment and it  is something                                                              
she would be able to do.                                                                                                        
                                                                                                                                
CHAIRMAN TAYLOR  thanked her for  her service and  her willingness                                                              
to serve in the future.  There were no questions for Ms. Mehner.                                                                
                                                                                                                                
SENATOR  COWDERY made  a  motion  to accept  Bonnie  Mehner to  be                                                              
appointed to the board of Select  Committee on Legislative Ethics.                                                              
                                                                                                                                
CHAIRMAN  TAYLOR   said  there  being  no  objection   the  letter                                                              
approving Bonnie L. Mehner to the  Select Committee on Legislative                                                              
Ethics would be sent to the full Legislature for consideration.                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR  called for  Arthur  S.  Robinson.   He  was  not                                                              
available via teleconference.                                                                                                   
                                                                                                                                
CHAIRMAN  TAYLOR  announced  they   would  try  to  run  committee                                                              
hearings three times  per week but with everyone's  busy schedules                                                              
it appeared  that Fridays might be  difficult.  They would  try to                                                              
do most of their work on Mondays and Wednesdays.                                                                                
                                                                                                                                
SENATOR ELLIS asked  what sort of issues and types  of legislation                                                              
did he expect to be the major focus of his committee this year.                                                                 
                                                                                                                                
CHAIRMAN TAYLOR  answered that  he did not  have an agenda.   Some                                                              
things left  over from  last year  are, liability immunity,  which                                                              
would  be  coming  from  the  House,   equine  immunity  and  some                                                              
insurance bills.   He said Senator Wilken wanted  them to consider                                                              
one on  domestic law, whether  or not  couples could get  legal or                                                              
binding separation  as opposed  to a  divorce.  He  felt it  was a                                                              
topic worth  discussion and they  should decide if they  wanted to                                                              
move forward  on that but he  did not have  an opinion on it.   He                                                              
asked if Senator Ellis had some in mind.                                                                                        
                                                                                                                                
SENATOR ELLIS said he had none at  that time but would look at the                                                              
list.                                                                                                                           
                                                                                                                                
SENATOR COWDERY  said he  was looking at  some legislation  on DWI                                                              
issues and mandatory insurance issues.                                                                                          
                                                                                                                                
CHAIRMAN TAYLOR said they still had  one DWI bill on forfeiture of                                                              
license.   He  thought  the Governor  and  Senator  Ward had  each                                                              
introduced one.                                                                                                                 
                                                                                                                                
SENATOR  COWDERY said  he  had been  talking  to Anchorage  Police                                                              
Officers.  He  explained that currently if someone  is pulled over                                                              
and suspected  of DWI and  if they refuse  the Breathalyzer  it is                                                              
sort of  an admission.   However  the paperwork  involved for  the                                                              
officer takes  about 4 hours  during which  he is off  the street.                                                              
This is required  to make sure it holds.  Senator  Cowdery said he                                                              
was researching  other states  to see  how they do  it.   He wants                                                              
officers spending  more time  on the streets  and less  time doing                                                              
the paperwork, which is often overtime.                                                                                         
                                                                                                                                
CHAIRMAN  TAYLOR said  when he  was  a judge  when someone  walked                                                              
through the door  with the complaint and all the  police paperwork                                                              
was already done  it took a minimum of 37 different  pages just to                                                              
process  them  through  the  court  system.   He  thought  it  was                                                              
overwhelming and there should have  been an easier way but much of                                                              
it  is due  to  how  they drew  the  regulations  and set  up  the                                                              
administrative procedures.                                                                                                      
                                                                                                                                
SENATOR COWDERY said  he had some patrol officers  contact him and                                                              
was working  with them to  see how other  states have  done things                                                              
that sped up the process and put the police back on the street.                                                                 
                                                                                                                                
CHAIRMAN TAYLOR adjourned the meeting at 1:58                                                                                   
                                                                                                                                
                                                                                                                                

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