Legislature(2003 - 2004)
03/05/2003 01:05 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 5, 2003
1:05 p.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Scott Ogan, Vice Chair
Senator Gene Therriault
Senator Johnny Ellis
Senator Hollis French
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
Confirmation Hearings:
Select Committee on Legislative Ethics - Dennis "Skip" Cook,
Herman G. Walker, Jr.;
Judicial Council - Bill Gordon;
Violent Crimes Compensation Board - Gerad G. Godfrey
CONFIRMATIONS ADVANCED
PREVIOUS ACTION
Select Committee on Legislative Ethics - see Joint House and
Senate Judiciary minutes dated 2/24/03.
Alaska Judicial Council - No previous action to record.
Violent Crimes Compensation Board - No previous action to
record.
WITNESS REGISTER
Mr. Dennis "Skip" Cook
P.O. Box 101468
Anchorage, AK 99510-1468
Mr. Herman G. Walker
P.O. Box 101468
Anchorage, AK 99510-1468
Mr. Bill Gordon
3205 Riverview Drive
Fairbanks, AK 99709
Mr. Gerad G. Godfrey
P.O. Box 1254
Valdez, AK 99686
ACTION NARRATIVE
TAPE 03-06, SIDE A
CONFIRMATION HEARINGS
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 1:05 p.m. Present were Senators
Ogan, Ellis, French and Chair Seekins. Senator Therriault
joined the committee at 1:30 p.m. Confirmation hearings for the
Select Committee on Legislative Ethics, the Alaska Judicial
Council and the Violent Crimes Compensation Board were before
the committee.
CHAIR SEEKINS explained the meeting was originally scheduled as
a joint meeting of the House and Senate Judiciary Committees for
the consideration of the appointments of Mr. Dennis "Skip" Cook
and Mr. Herman G. Walker, Jr. to the Select Committee on
Legislative Ethics. Chair Seekins said the committee has not
yet had the opportunity to hear the third nominee. He asked if
there were any questions or comments about the previous
testimony from Mr. Walker or Mr. Cook. He asked if there was a
motion.
SENATOR ELLIS said, before a motion, he wanted to know the plan
for Ms. McCoy.
CHAIR SEEKINS replied, "We're going to hear from her, we just
haven't got her scheduled back in yet."
SENATOR ELLIS asked if she was just not available today.
CHAIR SEEKINS said he did not know if she was available or not,
but the committee already had other people on line. He said that
Ms. McCoy would be scheduled soon. He did not anticipate any
problem since she lived in Juneau and is seated on the
committee.
SENATOR OGAN moved that the Senate Judiciary Committee forward
Herman T. Walker, Jr.'s name on to the full Senate for
consideration of confirmation to the Select Committee on
Legislative Ethics.
There being no objection, Chair Seekins announced that Mr.
Walker's name would be advanced to the full body for a vote.
SENATOR OGAN moved that the Senate Judiciary Committee forward
Dennis "Skip" Cook's name on to the full Senate for
consideration of confirmation to the Select Committee on
Legislative Ethics.
There being no objection, Chair Seekins announced that Mr.
Cook's name would be advanced to the full body for a vote.
CHAIR SEEKINS reminded members that the motions do not reflect
the intent of members to vote for or against the confirmations
at any further sessions.
CHAIR SEEKINS explained, for the benefit of Mr. Bill Gordon and
Mr. Gerad G. Godfrey who were participating via teleconference,
that the House of Representatives went back into session and
what was originally intended to be a joint session is now a
meeting of the Senate Judiciary Committee. He asked them to be
available during the afternoon because the House Judiciary
Committee was going to try to meet to address their
confirmations. The Senate Judiciary Committee planned to move
forward with consideration of their confirmations. He offered
his and Chair McGuire's apologies.
CHAIR SEEKINS invited Mr. Gordon to testify as to why he would
like to serve on the Alaska Judicial Council and to discuss his
qualifications to serve.
MR. BILL GORDON gave the following testimony.
As you and others know I'm a lifelong Alaskan. I've
been committed to serve both local and state
governments through all my career. I think you have
my resume before you.... I have been interested in
the Judicial Council in particular ever since my
service on Governor Jay Hammond's staff when one of my
duties was the screening and vetting of potential
judicial appointments. [I] recognized clearly at that
point that most of the important work was done, as
intended by the constitutional framers, at the
Judicial Council level to send to the governor the
most qualified applicants to help him do that process.
And recognizing that I think that Governor Murkowski
and I, because of my previous service, felt that I
could be helpful in this process and I'm glad to
accept that responsibility.
All my life my service has been in the area of
executive decision-making and this is certainly one.
The constitutional framers made it very clear what
they wanted in this process. They eliminated any
partisan opportunities there by not submitting judges
to elections and also by removing partisanship the
basis of the governor's appointment also.
It would be a great honor to serve in this position.
I would take it very seriously and would give it my
utmost attention to make sure that I attend all
meetings and am available for whatever council for
those who seek these very important positions.
SENATOR FRENCH asked if his background was not in the legal
profession.
MR. GORDON said that is true.
SENATOR FRENCH asked if he would be serving as a public member
of the Judicial Council.
MR. GORDON answered yes.
SENATOR FRENCH noted Mr. Gordon is familiar with how the system
works. Applicants submit their names for judicial vacancies.
The first step is an Alaska Bar Association poll, a local law
enforcement officers' poll and a court judicial officers' poll.
The results of the three polls are used to create a ranking of
candidates before they come before the Judicial Council for
interviews.
MR. GORDON said that was correct.
SENATOR FRENCH noted that recently the person who achieved the
highest score on the Alaska Bar Association poll did not have
her name advanced to the Governor after her interview with the
Judicial Council. He asked Mr. Gordon his thoughts about that.
MR. GORDON said he had some questions also. He explained the
Judicial Council at the Constitutional Convention was very clear
about the definition of "most qualified" versus "qualified."
Governor Hammond was frustrated when the Judicial Council for
whatever reason overlooked people that he thought were very
qualified. How a candidate moves from the "very qualified" to
the "most qualified" level has been a source of some contention
over the years. Some very subjective decisions are being made
involving judicial temperament, honesty, integrity and whether
the candidates have a judicial philosophy that is consistent
with the members of the Judicial Council. He thought that "very
qualified" people are often passed over for the "most
qualified." He said it is certainly something he would be
sensitive to in his position but to ascertain the individual
that is "most qualified" versus "very qualified" is going to be
difficult.
SENATOR FRENCH commented that it is a tough call. He stated:
I have flirted with the idea of trying to create sort
of a by - if you will, whereby the top vote getter
just gets his or her name submitted automatically to
the governor given the prestige and the... claim, if
you will, being the top vote getter represents. I'm
not sure that's the right way to go, but I guess I'd
like to see the Judicial Council passing more names on
to the governor, not less, and making sure that people
do get....
MR. GORDON interjected that his bias is that the governor should
have more prerogative. However, in reading the constitutional
convention minutes, the people that discussed this long and hard
concluded that they should limit the governor's prerogative by
sending only the "most qualified" applicants. Over the years
that has been limited to two people, sometimes three, and on a
very rare occasion four names have been sent to the governor.
Seven, eight or nine people may be qualified to be judges, but
the Judicial Council members have to decide, under the intent of
the framers of the Constitution, whether they are the most
qualified.
SENATOR FRENCH said no one wants to tamper with that. He said
it sounds like he and Mr. Gordon were more or less agreeing.
Some of the more sought after judgeships, particularly the urban
judgeships, attract a highly qualified pool of applicants. Some
of the less desirable judgeships do not get such a strong field.
He said it strikes him as unfair to penalize those people who
are "most qualified" just because they happen to be applying
with a bunch of other "most qualified" individuals at the same
time.
MR. GORDON said that is very true. What they really need to do
is urge some of those people who are so qualified in the urban
areas to be willing to serve in the rural areas, but that is a
personal decision.
1:15 p.m.
CHAIR SEEKINS thanked Mr. Gordon for appearing before the
committee. He agreed with Senator French that this appointment
is very significant because it is important to have the
brightest and the best serve in the judicial branch and it is
important to the people of the State of Alaska that highly
qualified people are placed into the judgeships.
SENATOR OGAN moved that the Senate Judiciary Committee forward
Bill Gordon's name on to the full Senate for consideration of
confirmation for Alaska Judicial Council.
There being no objection, Chair Seekins announced that Bill
Gordon's name would be advanced to the full body for a vote.
CHAIR SEEKINS introduced the Senate Judiciary Committee to Mr.
Gerad Godfrey. He asked Mr. Godfrey why he wanted to be on the
Violent Crimes Compensation Board and his qualifications for the
position.
MR. GERAD G. GODFREY explained his father and mother were
victims of a violent crime the previous fall and his mother's
survival was jeopardized when assistance, medical aid and
transportation was delayed. He told members, "It brings a
perspective to the position that a victim of a violent crime is
in." He explained it is a perspective that one probably can't
fully appreciate unless they or a family member or a loved one
has been a victim of an egregious and needless act of violence.
MR. GODFREY said that now he has that perspective he would like
to use his experience to improve the situation for others in the
same situation. He explained:
If you have the time and the commitment, which I
believe I do, I have both, it's almost a duty, a sense
of duty you feel to help others and lend out the
empathy and new perspective you have and try to put
that to some constructive use.
MR. GODFREY said he was pleased to report that his mother is
recovering nicely. Also, the Mayor of Anchorage appointed him to
an oversight task force to explore, investigate and propose
remedies to the 911 system. With each task force meeting it
becomes less likely that anyone else will have to wait 49
minutes for an ambulance to arrive as his mother did.
MR. GODFREY concluded by saying he would be vigilant in
attending meetings and lending his opinion to the benefit of the
board and to those that come to the board.
CHAIR SEEKINS extended the committee's sympathies to Mr.
Godfrey, his mother and family for the loss of his father.
SENATOR ELLIS informed Mr. Godfrey he knew his father and was
sorry for his loss. He said he fully supported his appointment
and confirmation.
SENATOR ELLIS said several legislators worked with Senator
Halford to create the new state Office of Victims' Rights (OVR).
He asked if Mr. Godfrey had any comments or insight about how
the office might operate.
MR. GODFREY said he appreciated those that helped with the
legislation that created the state Office of Victims' Rights.
He said he was the spokesperson for his family and the liaison
for his mother to the office. He had come to know Ms. Tamara de
Lucia (Associate Victims' Rights Advocate) and Stephen
Branchflower (Director). He stated:
I will say that that office has been an extraordinary
resource without which we would not have probably made
much if any forward progress in getting the D.911
system in Anchorage to address some of their
shortfalls.
He said a number of the shortcomings of the 911 system were
evaluated and addressed but not as extensively as he would like.
OVR provided his family with insight into recourse and brought
to light many things they would never have been able to find out
on their own. OVR was able to access documents, subpoenas and
depositions that a private individual does not easily have
access to. He said seeing that the problems of the 911 system
were being addressed aided his mother's recovery. He said that
was OVR's first assignment and the agency is a fantastic
creation. He hopes the office would continue to be funded.
SENATOR ELLIS thanked Mr. Godfrey and appreciated his report
because there was some controversy associated with creating the
office and criticism that the legislature was spending more
money and creating more government. A number of legislators
thought the Office of Victims' Rights was worth the cost. He
was glad to hear the positive report from the Godfrey family.
CHAIR SEEKINS appreciated Mr. Godfrey's willingness to serve the
people of the State of Alaska in this important position. He
announced Senator Therriault's arrival.
SENATOR OGAN moved that the Senate Judiciary Committee forward
Gerad G. Godfrey's name to the full Senate for consideration of
confirmation to the Violent Crimes Compensation Board.
There being no objection, Chair Seekins announced that Gerad G.
Godfrey's name would be advanced to the full body for a vote.
CHAIR SEEKINS informed Mr. Godfrey the House Judiciary Committee
would meet in the afternoon and would contact him.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 1:32 p.m.
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