Legislature(2009 - 2010)BUTROVICH 205

04/08/2009 01:30 PM Senate JUDICIARY


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01:35:03 PM Start
01:35:41 PM Confirmation Hearing - Attorney General
06:34:57 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation: Attorney General TELECONFERENCED
Wayne Anthony Ross
Invited Testimony Only
Meeting will Recess at 3:00 p.m.
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 8, 2009                                                                                          
                           1:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Donny Olson                                                                                                             
Senator Linda Menard                                                                                                            
Senator Charlie Huggins                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
Representative Mike Doogan                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Attorney General                                                                                                                
WAYNE ANTHONY ROSS - Anchorage                                                                                                  
          HEARD AND HELD                                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No Previous Action to Report                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WAYNE ANTHONY ROSS, Attorney General Appointee                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified as Appointee to the position of                                                                
Attorney General.                                                                                                               
                                                                                                                                
BRADLEY J. FLUETSCH, Grand President                                                                                            
Alaska Native Brotherhood (ANB) and                                                                                             
Alaska Native Sisterhood (ANS) Grand Camp and                                                                                   
Glacier Valley ANB and ANS Camp 70                                                                                              
Juneau, AK                                                                                                                      
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
ROBERT LOESCHER                                                                                                                 
Central Council                                                                                                                 
Tlingit Haida Indian Tribes of Alaska                                                                                           
Juneau, AK                                                                                                                      
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
MARSHA BUCK                                                                                                                     
Alaskans Together for Equality Incorporated                                                                                     
Juneau, AK                                                                                                                      
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
NELSON ANGAPOK, SR., representing himself                                                                                       
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
FRED  TRABER, representing  himself, his  spouse, and  others who                                                               
comprise the gay community of Alaska                                                                                            
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
JAKE JACOBSON, representing himself                                                                                             
Kodiak, AK                                                                                                                      
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
VICTOR VITALIE, representing himself                                                                                            
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
PAMELA SAMASH, representing herself                                                                                             
Nenana, AK                                                                                                                      
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
ROBERT FITHIAN, representing himself                                                                                            
Lower Tonsina, AK                                                                                                               
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
TOM LAKOSH, representing himself                                                                                                
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
CHRIS KINNY, representing himself                                                                                               
Anchorage, AK                                                                                                                   
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
LYNNETT BERGH, representing herself                                                                                             
North Pole, AK                                                                                                                  
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
BYRON HALEY, representing himself                                                                                               
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
PAUL EAGLIN, representing himself                                                                                               
Fairbanks, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
SHAYLE HUTCHISON, representing herself                                                                                          
Fairbanks, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
SCOTT TRAFFORD CALDER, representing himself                                                                                     
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
MIKE PROX, representing himself                                                                                                 
North Pole, AK                                                                                                                  
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
MELVIN GROVE representing himself and                                                                                           
MatSu Advisory Council                                                                                                          
MatSu, AK                                                                                                                       
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
KAREN LEWIS, representing herself                                                                                               
MatSu, AK                                                                                                                       
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
PETER M. PROBASCO, representing himself and his family                                                                          
MatSu, AK                                                                                                                       
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
KAREN LACKEY, representing herself                                                                                              
MatSu, AK                                                                                                                       
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
EARL LACKEY, representing himself                                                                                               
Wasilla, AK                                                                                                                     
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
ROSE FOSDICK                                                                                                                    
Kawerak Inc                                                                                                                     
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
NORMAN ANDERSON                                                                                                                 
Bristol Bay Native Association                                                                                                  
Dillingham, AK                                                                                                                  
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
LEO WASSILIE, representing himself                                                                                              
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
PAGE HODSON, representing herself,                                                                                              
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
DEBORAH BURLINSKI, representing herself                                                                                         
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
WILLIE ANDERSON, PFLAG of Juneau                                                                                                
Juneau, AK                                                                                                                      
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
JAY STEVEN REESE, representing himself                                                                                          
Juneau, AK                                                                                                                      
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
ALFRED MCKINLEY                                                                                                                 
ANB and ANS Camps throughout Alaska                                                                                             
Juneau, AK                                                                                                                      
POSITION  STATEMENT:   Testified in  opposition to  Wayne Anthony                                                             
Ross as attorney general.                                                                                                       
                                                                                                                                
BRIAN JUDY, Alaska Liaison                                                                                                      
National Rifle Association                                                                                                      
Anchorage, AK                                                                                                                   
POSITION STATEMENT:   Testified in support of  Wayne Anthony Ross                                                             
as attorney general.                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:35:03 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:35  p.m. Present at the  call to                                                               
order  were  Senators,   Wielechowski,  Therriault,  McGuire  and                                                               
French.  Also  present  were  Senators   Olson  and  Menard,  and                                                               
Representative Doogan.                                                                                                          
                                                                                                                                
^CONFIRMATION HEARING - Attorney General                                                                                        
                      CONFIRMATION HEARING                                                                                  
                                                                                                                                
1:35:41 PM                                                                                                                    
CHAIR  FRENCH  stated  that  this   hearing  is  to  fulfill  the                                                               
constitutional requirement  and duty under Article  3, Section 25                                                               
to  confirm heads  of  departments. The  Citizen's  Guide to  the                                                               
Constitution published  by the Legislative Affairs  Agency points                                                               
out  that   confirmation  of  executive   appointees  is   a  key                                                               
legislative  check on  the executive  branch. Governor  Palin has                                                               
appointed  Mr. Wayne  Anthony Ross  to the  position of  attorney                                                               
general, subject to legislative confirmation.                                                                                   
                                                                                                                                
CHAIR FRENCH  pointed out that  Mr. Ross has an  extensive public                                                               
record  and  has  been  a recognizable  landmark  on  the  Alaska                                                               
landscape for  some time. He  said his intention for  the hearing                                                               
today is to have a  thorough, vigorous and respectful dialog with                                                               
Mr. Ross about his qualifications for this important position.                                                                  
                                                                                                                                
Senator French  said he  intends to cover  a variety  of subjects                                                               
this  afternoon and  public testimony  will be  taken at  5:30 pm                                                               
this evening.  Mr. Ross  will have an  opportunity to  respond to                                                               
that  testimony  if  he  feels  the need  to  do  so.  Given  the                                                               
committee's schedule  and the fact  that Mr.  Ross's confirmation                                                               
hearing  before  the  House Judiciary  Committee  is  on  Friday,                                                               
there's a  good possibility that  the hearing won't  be concluded                                                               
until Monday, April 13, he said.                                                                                                
                                                                                                                                
CHAIR FRENCH  welcomed Mr. Ross and  asked him to state  his name                                                               
and affiliation for the record.                                                                                                 
                                                                                                                                
1:37:29 PM                                                                                                                    
WAYNE  ANTHONY ROSS,  governor's appointee  as Attorney  General,                                                               
introduced himself.                                                                                                             
                                                                                                                                
CHAIR FRENCH asked Mr. Ross  why he accepted the governor's offer                                                               
of this important position.                                                                                                     
                                                                                                                                
MR. ROSS  related that he first  came to Alaska in  1967 and fell                                                               
in love  with the state.  "It's been very good  to me and  when I                                                               
had a chance to do some  public service, I jumped at the chance,"                                                               
he said.                                                                                                                        
                                                                                                                                
CHAIR FRENCH asked what he sees  as the greatest strength he will                                                               
bring to the position of attorney general.                                                                                      
                                                                                                                                
MR. ROSS replied he brings integrity.                                                                                           
                                                                                                                                
CHAIR FRENCH  asked the  greatest weakness he  will bring  to the                                                               
position.                                                                                                                       
                                                                                                                                
MR. ROSS replied  it's probably that he speaks his  mind. "And so                                                               
I get shot at  once in awhile. I don't know  if that's a strength                                                               
or a weakness,  but that's caused me  problems from time-to-time,                                                               
he said.                                                                                                                        
                                                                                                                                
CHAIR  FRENCH  asked  who he  perceives  the  attorney  general's                                                               
primary client to be.                                                                                                           
                                                                                                                                
MR.  ROSS returned  the  statutes make  clear  that the  attorney                                                               
general represents  the people of  the state of Alaska  and gives                                                               
advice  to  the governor  and  other  state officials.  "We  have                                                               
probably quite a few clients with  people coming to us from time-                                                               
to-time for advice," he said.                                                                                                   
                                                                                                                                
1:38:57 PM                                                                                                                    
CHAIR FRENCH said I hear you  saying you'll have a divided client                                                               
list.                                                                                                                           
                                                                                                                                
MR. ROSS responded  it's rather like representing  a family. "Dad                                                               
might come  to you, Mom  might come to you,  and one of  the kids                                                               
might come  to you  so you  got to  do a  little tap  dancing and                                                               
balancing act, but I think it can be done," he said.                                                                            
                                                                                                                                
CHAIR FRENCH  questioned how he  would handle a  conflict between                                                               
his duty to the governor and his duty to the law.                                                                               
                                                                                                                                
MR. ROSS responded that his duty  to the law comes first. "I took                                                               
an  oath to  support and  defend the  constitution of  the United                                                               
States and that of the State of  Alaska. I didn't take an oath to                                                               
support and defend the governor," he added.                                                                                     
                                                                                                                                
CHAIR  FRENCH said  you will  have the  largest law  firm in  the                                                               
state at your  disposal. Which legal question will  you choose to                                                               
concentrate on first?                                                                                                           
                                                                                                                                
MR. ROSS  replied he  will first concentrate  on getting  to know                                                               
who  the  lawyers are  and  their  areas of  responsibility.  The                                                               
system has worked  well and I don't anticipate  major changes, he                                                               
said. "I  can't think of anything  I'd put 50 lawyers  on - maybe                                                               
you can," he added.                                                                                                             
                                                                                                                                
1:40:59 PM                                                                                                                    
SENATOR OLSON asked  Mr. Ross where he was raised,  where he went                                                               
to school,  and if  he's done anything  other than  practice law.                                                               
Obviously you're  known throughout  the state  but I'd  like more                                                               
background, he said.                                                                                                            
                                                                                                                                
MR.  ROSS said  he's worked  since he  was 12  years old  and has                                                               
hauled  garbage,  cut  grass, mended  fences,  and  soled  shoes.                                                               
During high school,  college and law school he  worked between 20                                                               
and  30  hours a  week.  Responding  to  a  question he  said  he                                                               
attended  Marquette University  in  Milwaukee. He  first came  to                                                               
Alaska in the  summer of 1967. He and his  wife moved permanently                                                               
to Alaska  the following  year after he  finished law  school. He                                                               
worked  for  the Alaska  Department  of  Law  for a  year,  Judge                                                               
Butcher in  family court for  four years, a private  attorney for                                                               
four years, and then in 1977  he opened his own office. "When the                                                               
governor asked me to take over  the job of attorney general and I                                                               
started taking  the pictures  off the wall  at my  office, that's                                                               
when it  really hit me  that I was sorry  that I didn't  have any                                                               
kids that I  could turn the law office over  to because I've made                                                               
a  good living  doing it,"  he said.  He and  his wife  have four                                                               
grown children.                                                                                                                 
                                                                                                                                
1:45:08 PM                                                                                                                    
CHAIR  FRENCH found  no further  introductory questions  and said                                                               
he'd next  like to  talk about  public safety  because that  is a                                                               
prime role  of the attorney  general. He  asked Mr. Ross  what he                                                               
perceives to be  the number one public safety issue  in the state                                                               
of Alaska.                                                                                                                      
                                                                                                                                
MR. ROSS replied one is  alcoholism, but he's also very concerned                                                               
about the  number of seemingly  random shootings that  are taking                                                               
place.  He said  that as  a criminal  defense attorney  he's seen                                                               
cases that  he believes should  have been prosecuted  and weren't                                                               
and  cases that  were  prosecuted that  shouldn't  have been.  He                                                               
continued:                                                                                                                      
     I think one  of the things I would like  to do first is                                                                    
     meet with  the commissioner of Public  Safety and learn                                                                    
     more about  what he sees  the number one issues  are. I                                                                    
     would also like  to get the focus on  the Department of                                                                    
     Law  … going  after serious  crimes rather  than people                                                                    
     who maybe  find themselves accidently on  the wrong end                                                                    
     of the  law. Somebody joked that  Alaska Airlines stock                                                                    
     should be purchased because if  Ross got in as attorney                                                                    
     general all  the criminals  would go  south. I  like to                                                                    
     think that's true.                                                                                                         
                                                                                                                                
MR. ROSS mused  that Alaska has seen great change  with regard to                                                               
crime. When he  was a children's court judge the  worst crime was                                                               
when a  kid stole some tires.  Now young people kill  one another                                                               
and something needs to be done about that, he said.                                                                             
                                                                                                                                
1:47:05 PM                                                                                                                    
CHAIR  FRENCH  noted that  Mr.  Ross  identified alcohol  as  the                                                               
number  one public  safety issue  and  asked if  he has  specific                                                               
plans to address that issue.                                                                                                    
                                                                                                                                
MR. ROSS responded it seems  that if alcohol isn't involved drugs                                                               
are. He  continued to say  that, "Right now  my plans are  to get                                                               
through  the confirmation  process  and after  that  I can  start                                                               
going after big issues."                                                                                                        
                                                                                                                                
CHAIR FRENCH mentioned the work  this committee has done and will                                                               
continue to do on sex assault and  sex abuse of a minor and asked                                                               
where  prosecution  of  those  cases  would be  on  his  list  of                                                               
priorities.                                                                                                                     
                                                                                                                                
MR.  ROSS  responded,  "The  greatest asset  Alaska  has  is  its                                                               
children and  I think  sexual abuse cases  of children  should be                                                               
right  up  in  some  of  the   highest  lists  of  people  to  be                                                               
prosecuted. There's simply no excuse for that."                                                                                 
                                                                                                                                
1:48:51 PM                                                                                                                    
CHAIR  FRENCH asked  if he  is aware  that Alaska  has a  rate of                                                               
sexual assault that is roughly 2.5  times higher than the rest of                                                               
the nation.                                                                                                                     
                                                                                                                                
MR. ROSS responded, "I've heard that  and I have no way to verify                                                               
whether or  not that's correct,  but that's something  that needs                                                               
to be studied and determine what the reason is if that's true."                                                                 
                                                                                                                                
CHAIR FRENCH said  the reasons are difficult to  pinpoint, but it                                                               
is beyond dispute. The uniform  crime reports of data gathered by                                                               
police  agencies statewide  and  reported to  the  FBI come  back                                                               
year-after-year   identifying  Alaska   as  having   consistently                                                               
horrible  performance  in  this  area.  This  committee  recently                                                               
became aware of the 2002-2003  research done by the University of                                                               
Alaska Justice Center  on 1,379 cases of sex  assault reported to                                                               
the  Alaska  State  Troopers. Those  1,379  cases  were  winnowed                                                               
through the  process of trooper  investigations and  referrals to                                                               
the Department  of Law, DOL  screening and acceptance  rates, and                                                               
DOL  prosecution rates  to produce  217 convicted  sex offenders.                                                               
That suggests  that a lot  of work needs  to be done  upstream of                                                               
the Department of Law, he said.  An enormous amount of work needs                                                               
to  be done  in the  villages  with respect  to training  Village                                                               
Public Safety Officers  and with respect to  training sex assault                                                               
nurses to  gather information.  He conveyed  his desire  that Mr.                                                               
Ross  share the  committee's  conviction to  work strenuously  to                                                               
improve what appears to be a one in four conviction rate.                                                                       
                                                                                                                                
MR. ROSS  replied, "I certainly will  and I also will  advise you                                                               
that I'll attempt  to give you my full attention  at all times-as                                                               
the rest of the Legislature."                                                                                                   
                                                                                                                                
1:51:27 PM                                                                                                                    
CHAIR FRENCH  asked if he  ever defended a  sex abuse of  a minor                                                               
case.                                                                                                                           
                                                                                                                                
MR. ROSS  said no because  all his  clients were innocent  and he                                                               
doesn't have much sympathy for that sort of case. He added:                                                                     
     I  have   represented  parents  against   the  [former]                                                                    
     Department  of  Family  and Children  [Youth]  Services                                                                    
     when   an  older   teenage  child   would  make   those                                                                    
     allegations. And  when I was absolutely  convinced that                                                                    
     those allegations were false,  then I represented them.                                                                    
     And eventually in many of  the cases we proved the case                                                                    
     - as  much as you  can - that  we proved that  the case                                                                    
     was false. But making an  allegation of sexual abuse is                                                                    
     like shooting  an arrow.  You can  never call  it back.                                                                    
     And it's one  of the most vicious  allegations that can                                                                    
     be made against  a person if it's  false because people                                                                    
     will always wonder  whether or not there  was any truth                                                                    
     to it.  So it's  a very difficult  case to  defend when                                                                    
     the  Department  of  Health   and  Social  Services  is                                                                    
     involved because  how do you  prove a negative?  It's a                                                                    
     bad situation  all around. It's  an easy  allegation to                                                                    
     make; it's a hard allegation to defend against.                                                                            
                                                                                                                                
CHAIR FRENCH remarked  that's a good segue into the  next area of                                                               
family law and domestic violence.                                                                                               
                                                                                                                                
1:53:01 PM                                                                                                                    
SENATOR  WIELECHOWSKI   said,  "As   attorneys  we  all   have  a                                                               
fundamental belief in our clients  that they're innocent if we're                                                               
defending  them  and that  they're  guilty  if we're  prosecuting                                                               
them."                                                                                                                          
                                                                                                                                
MR.  ROSS  returned he  would  think  that  that  is one  of  the                                                               
difficulties associated  with being  a public defender.  "Most of                                                               
the people  that a public  defender gets probably are  guilty and                                                               
you probably find  out they are guilty and yet  you have to stand                                                               
up  there and  put on  a strong  defense." He  added his  sincere                                                               
belief that most of his clients were innocent.                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI  said Vic  Kohring was  a very  high profile                                                               
client of yours and you wrote  a very high profile letter stating                                                               
Mr. Kohring's innocence. After listening  to the evidence did you                                                               
change your opinion?                                                                                                            
                                                                                                                                
MR. ROSS said no. He added:                                                                                                     
     I represented  Vic Kohring…just  in the  very beginning                                                                    
     and  we  went  to  the U.S.  attorney's  office  and  I                                                                    
     reviewed  the evidence  as much  as they  showed me  at                                                                    
     that  time.  They wanted  Vic  to  change the  plea  to                                                                    
     something and I told him  I thought that their case was                                                                    
     Bravo Sierra -- if you know  what I mean. And I advised                                                                    
     Vic  to do  certain  things and  Vic  didn't follow  my                                                                    
     advice and hired an attorney from Seattle. And that's                                                                      
      all I'm at liberty to say but I felt that Vic's main                                                                      
     problem is that he was naive.                                                                                              
                                                                                                                                
1:55:18 PM                                                                                                                    
SENATOR  WIELECHOWSKI  noted that  the  governor  called for  Mr.                                                               
Kohring's resignation  and asked if  he believes that she  made a                                                               
correct call.                                                                                                                   
                                                                                                                                
MR.  ROSS  responded  she  called for  former  U.S.  Senator  Ted                                                               
Steven's resignation  too and he  didn't believe either  call was                                                               
correct.  "I believe  our  system of  justice  should work  first                                                               
before somebody  is publicly asked  to resign," he said.  Had the                                                               
governor made  private contact and  asked for his  resignation it                                                               
would have been better.                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  said you probably  wouldn't agree  with the                                                               
governor's call for Senator Begich to resign either.                                                                            
                                                                                                                                
MR. ROSS replied he doesn't agree with that call either.                                                                        
                                                                                                                                
CHAIR  FRENCH asked  if he  believes  that former  Representative                                                               
Kohring was innocent.                                                                                                           
                                                                                                                                
1:56:45 PM                                                                                                                    
MR. ROSS  said "I  do believe  that he  was innocent  but naive."                                                               
He's  stuck  with  being  found  guilty  until  the  appeal  goes                                                               
through, but  I don't personally  believe that he is  guilty, Mr.                                                               
Ross added.                                                                                                                     
                                                                                                                                
SENATOR  THERRIAULT asked  if the  videos were  available at  the                                                               
time he was advising Mr. Kohring.                                                                                               
                                                                                                                                
MR. ROSS acknowledged that he watched those videos.                                                                             
                                                                                                                                
SENATOR  THERRIAULT asked  if he  came to  that conclusion  after                                                               
having seen the videotape evidence.                                                                                             
                                                                                                                                
MR. ROSS responded  he doesn't know if he saw  all the videos but                                                               
did he spend several hours with  the U.S. attorney. "And they put                                                               
on quite a dog and pony show and I wasn't convinced."                                                                           
                                                                                                                                
CHAIR FRENCH  asked if  he spent  a number of  years as  a family                                                               
lawyer.                                                                                                                         
                                                                                                                                
MR.  ROSS  replied between  45  percent  and  50 percent  of  his                                                               
practice involved family law.                                                                                                   
                                                                                                                                
CHAIR FRENCH  asked if  he would represent  a particular  side or                                                               
just the first person to approach him.                                                                                          
                                                                                                                                
MR. ROSS replied it was usually  was the first person who came to                                                               
him with money.                                                                                                                 
                                                                                                                                
CHAIR FRENCH asked  his view on the use of  restraining orders in                                                               
the process of a divorce.                                                                                                       
                                                                                                                                
MR. ROSS replied:                                                                                                               
     I think it's much abused. I  think the system is set up                                                                    
     so  the  first  person  to   the  court  house  gets  a                                                                    
     restraining order  [and that] puts the  other person to                                                                    
     a sincere disadvantage. I  think restraining orders are                                                                    
     sometimes granted when they shouldn't  be. On the other                                                                    
     hand, we have  a high incident of  domestic violence in                                                                    
     this state  and that  concerns me too.  And so  we have                                                                    
     judges,  I  think,  or  magistrates  that  seem  to  be                                                                    
     overworked  and  perhaps  haven't  read  the  law  real                                                                    
     carefully in that  I think they bend  over backwards to                                                                    
     grant  restraining orders.  But  the  system is  needed                                                                    
     because of the large amount  of violence, but it's also                                                                    
     abused.                                                                                                                    
                                                                                                                                
1:59:04 PM                                                                                                                    
CHAIR FRENCH said you've worked in  this area for a long time and                                                               
I hear you saying that this is a difficult area of law.                                                                         
                                                                                                                                
MR. ROSS said when people ask  how he can handle divorce cases he                                                               
tells them:                                                                                                                     
     I  go home  at  night  and I  see  the  lady I've  been                                                                    
     married to  and I  think 'Boy am  I lucky.'  And that's                                                                    
     why I  can handle them.  And I also say  somebody's got                                                                    
     to  clean up  after the  elephants  at the  end of  the                                                                    
     parade and that's a divorce lawyer's job, I think.                                                                         
                                                                                                                                
CHAIR FRENCH said with respect  to restraining orders a judge has                                                               
to strike a  balance in what may be a  violent and disintegrating                                                               
family situation. The judge has  to listen to a single petitioner                                                               
making  an  allegation  of  domestic   violence  and  decide  the                                                               
appropriate  action. Your  view  is that  from time-to-time  that                                                               
power is abused in a petition  that shouldn't be granted, but you                                                               
concede that there  is a lot of domestic violence  and we need to                                                               
do  something, Senator  French  said. "Have  you  thought of  any                                                               
legal  or  legislative  solutions  to  what  you  perceive  as  a                                                               
problem?" he asked.                                                                                                             
                                                                                                                                
2:00:39 PM                                                                                                                    
MR. ROSS replied  he believes it's the litigants  rather than the                                                               
judges who are  abusing the system. "I think it  takes a bit more                                                               
time and  maybe we need  some more  judges looking at  it because                                                               
it's kind of  a revolving door where people go  in and grab their                                                               
order and get back out again."  Perhaps judges need to spend more                                                               
time looking  at cases but  it's important  to keep in  mind that                                                               
whatever  order that  judge issues  will affect  another person's                                                               
rights.  "Too often  you have  people  that have  a spat…and  one                                                               
person suddenly  finds themselves  out of the  house for  20 days                                                               
without  clothes, without  work  tools and  it's…a pretty  strong                                                               
remedy  for people  that  have  arguments. So  I  don't have  the                                                               
solution, but I do know the problem," Mr. Ross said.                                                                            
                                                                                                                                
CHAIR FRENCH  observed that children  are frequently  the fallout                                                               
from divorces. They're the unwilling  participants in divorce and                                                               
family situations  that have  a violent  trend. "I'm  sure you're                                                               
aware  of  the cycle  of  domestic  violence.  The lead  up,  the                                                               
explosive outburst,  the making up afterwards,  the promises that                                                               
there won't be  any future problems and then  the slowly building                                                               
pressure of  the violent and  isolating tendencies as  they renew                                                               
themselves," Senator French said.  Surely you've come across that                                                               
in your time as a family lawyer.                                                                                                
                                                                                                                                
CHAIR  FRENCH noted  that Mr.  Ross would  be overseeing  lawyers                                                               
from the Office  of Children's Services (OCS) and  asked his view                                                               
of that agency.                                                                                                                 
                                                                                                                                
MR. ROSS said he  has a sign on his bookshelf  that says that the                                                               
best  thing a  dad  can do  for  his children  is  to love  their                                                               
mother. He continued:                                                                                                           
     We  made divorces  a  little too  easy  in my  opinion,                                                                    
     first of all.  When I started with the  family court we                                                                    
     had court-ordered  marriage counseling and  the parties                                                                    
     would  have to  go  to marriage  counseling  to see  if                                                                    
     there was  any possibility  to make the  marriage work.                                                                    
     We had - and this is probably  a bit much - but you had                                                                    
     to  have grounds  to get  divorced. Now  we've got  no-                                                                    
     fault   divorce   where    one   person   says,   we're                                                                    
     incompatible  and  the  other  person  says  we're  not                                                                    
     incompatible.  Or one  person  says we're  incompatible                                                                    
     and the other one says  we're incompatible and they can                                                                    
     get divorced.  You can get  divorced even if  you can't                                                                    
     agree on  whether you're compatible or  not. So perhaps                                                                    
     divorce is a  bit easy. Maybe we ought  to require some                                                                    
     kind of counseling  to see if we can't  keep the family                                                                    
     together a bit more. That would be one solution.                                                                           
                                                                                                                                
2:04:28 PM                                                                                                                    
CHAIR  FRENCH asked  his  view  of the  role  of  OCS workers  in                                                               
protecting  children  in  households  where there  is  abuse  and                                                               
domestic violence.                                                                                                              
                                                                                                                                
MR. ROSS said  their job to protect the  children. His experience                                                               
is from the outside looking in. He continued:                                                                                   
     On many occasions these social  workers seem to be more                                                                    
     intent in  getting children out  of the home  than they                                                                    
     are  in working  to keep  children in  the home.  …I've                                                                    
     wondered  whether it  wasn't a  matter  of numbers.  In                                                                    
     other words,  the more  kids that  they could  get into                                                                    
     the system  of foster homes  the more money  they could                                                                    
     come to you  and justify getting. And so,  I didn't see                                                                    
     a lot  of people with  heart in that  profession. There                                                                    
     were some,  some good ones, but  I didn't see a  lot of                                                                    
     people  that  really  had  a   heart  and  really  were                                                                    
     interested in trying to work something out.                                                                                
                                                                                                                                
2:06:07 PM                                                                                                                    
CHAIR  FRENCH  highlighted  that  research  indicates  that  most                                                               
children  are abused  by someone  who has  access to  their home.                                                               
Oftentimes   it's  a   family  member   or  a   relative  or   an                                                               
acquaintance. Children  aren't dragged  into the  bushes, they're                                                               
abused in their homes, he said.                                                                                                 
                                                                                                                                
MR. ROSS said:                                                                                                                  
     But if you  carry that further then we  should take all                                                                    
     the  children  out  of  their  home  immediately  after                                                                    
     birth.  Then  they  would have  less  chance  of  being                                                                    
     abused. I don't  believe in that. I  don't believe that                                                                    
     most parents  are abusers. I believe  that most parents                                                                    
     love their children.  And I think that  if children are                                                                    
     abused they should  be taken out of the  home and there                                                                    
     should be some intensive  counseling and maybe kept out                                                                    
     of  the home  forever. But  I don't  believe that  most                                                                    
     children  are  abused  in  their   own  home  by  their                                                                    
     parents.                                                                                                                   
                                                                                                                                
CHAIR  FRENCH said  he agrees  that most  children are  raised in                                                               
healthy  families,  but it's  those  remaining  children who  are                                                               
abused in  their homes.  They're abused  by parents  or relatives                                                               
who   have  alcohol   problems,  anger   problems,  or   problems                                                               
controlling their emotions  and they lash out at  the weakest and                                                               
most defenseless  members of society.  "Are we in  agreement?" he                                                               
asked.                                                                                                                          
                                                                                                                                
MR. ROSS replied, "We're in 100 percent agreement."                                                                             
                                                                                                                                
CHAIR FRENCH  asked if he  perceives the workers who  are charged                                                               
with  ensuring  the safety  of  children  as working  to  destroy                                                               
family unity.                                                                                                                   
                                                                                                                                
2:07:51 PM                                                                                                                    
MR. ROSS replied he saw some  that he believes were working to do                                                               
that.                                                                                                                           
                                                                                                                                
CHAIR FRENCH asked if he thinks those workers are frightening.                                                                  
                                                                                                                                
MR. ROSS said yes; they're frightening to parents.                                                                              
                                                                                                                                
CHAIR FRENCH asked if OCS workers frighten him.                                                                                 
                                                                                                                                
MR.  ROSS replied,  "I'm a  cancer survivor;  I'm not  frightened                                                               
very easily anymore."                                                                                                           
                                                                                                                                
2:08:21 PM                                                                                                                    
CHAIR FRENCH  said he's bringing this  up because of a  column he                                                               
once  wrote  in a  newspaper  titled  "Family Unit  Suffers  from                                                               
Bureaucratic Maze." He continued:                                                                                               
     In that column  you stated the belief  that OCS workers                                                                    
     try to destroy family unity  and that DFYS (division of                                                                    
     family  and youth  services)  workers are  frightening.                                                                    
     The  tone   you  took  in   that  article   was  highly                                                                    
     dismissive  of the  essential public  safety nature  of                                                                    
     the work  that these folks  perform. And I have  to say                                                                    
     further that  your answers  today about  quotas concern                                                                    
     me  as well  - as  if these  workers were  traffic cops                                                                    
     trying to earn  their monthly paycheck on  the backs of                                                                    
     families in Anchorage.  When I have personally  as a DA                                                                    
     reviewed the  reports of  harm that  come in  from DFYS                                                                    
     and seen  dozens and  dozens and dozens  of cases  on a                                                                    
     weekly  basis  of children  that  don't  get washed  at                                                                    
     home,  that have  to stay  up  with their  drug-abusing                                                                    
     parents,  that  come to  school  with  blood matted  in                                                                    
     their  hair. And  my  view is  that  these workers  are                                                                    
     extremely essential and do a  great job under difficult                                                                    
     circumstances. And I can't tell  if you share that view                                                                    
     or not and I suspect you don't.                                                                                            
                                                                                                                                
2:09:46 PM                                                                                                                    
MR. ROSS responded:                                                                                                             
     They have  a difficult job; they're  necessary; some of                                                                    
     them  aren't as  good as  I'd like  to see  them be.  I                                                                    
     represent  the parents;  you represent  the cases  that                                                                    
     have  been  investigated  when  you  were  in  the  DAs                                                                    
     office. You  got the cream on  the top shall we  say of                                                                    
     such cases. I got Joe  Average Schmuck and his wife who                                                                    
     found themselves suddenly  confronted when they're good                                                                    
     parents. So  we have  different viewpoints  of probably                                                                    
     the same problem. That doesn't  mean you're wrong, that                                                                    
     doesn't  mean  I'm  wrong,  but  it  means  that  we're                                                                    
     looking at the elephant from different ends."                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI commented that he  too was concerned when he                                                               
read that article. He added:                                                                                                    
     The concern  now is  that you're going  to be  the head                                                                    
     attorney for the state and  you did say that the Alaska                                                                    
     Division of Family and Youth  Services is a frightening                                                                    
     group and  that they  are aided  in their  endeavors by                                                                    
     state assistant attorneys general.  The question is now                                                                    
     that  you as  the head  attorney in  the state  who are                                                                    
     overseeing   the  work   of  the   assistant  attorneys                                                                    
     general, Do  you intend to  continue the  practice that                                                                    
     we have in  the state now to send  attorneys general in                                                                    
     to protect children?                                                                                                       
                                                                                                                                
2:11:22 PM                                                                                                                    
MR. ROSS said that article was  written about 18 years ago and he                                                               
would hope that the system has  improved since then. "I know that                                                               
I haven't  had too many cases  of parents recently that  have had                                                               
problems so  presumably the  system's improved.  But yes,  I will                                                               
send in assistant attorneys general to protect kids."                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked if his  opinion has changed about DFYS                                                               
being a frightening group.                                                                                                      
                                                                                                                                
MR. ROSS replied,  "They were a frightening group, not  to me but                                                               
to parents  in the way  they were acting  in those days."  He can                                                               
cite other  attorneys who have  had similar cases  even recently.                                                               
"They  say  the  same  thing,  that  some  of  those  people  are                                                               
frightening," he said.                                                                                                          
                                                                                                                                
2:12:35 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if his opinion that  DFYS workers are                                                               
frightening has changed in the last 18 years.                                                                                   
                                                                                                                                
MR. ROSS  replied, "I think there  are some people in  that group                                                               
that probably shouldn't be there."                                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI  asked if as  attorney general he  has plans                                                               
to take action on that.                                                                                                         
                                                                                                                                
MR.  ROSS  replied that  isn't  the  attorney general's  job.  He                                                               
continued:                                                                                                                      
     The attorney  general's job  is to  represent everybody                                                                    
     and protect the  kids of the state of  Alaska. I intend                                                                    
     to do that, but I also  think we have a duty to protect                                                                    
     families. And  I'm going to do  my best to see  what we                                                                    
     can do to  protect families - the  families that really                                                                    
     need protection,  not the families that  you're talking                                                                    
     about where kids are being  abused. I want to make sure                                                                    
     that  my attorneys  look at  cases  carefully and  that                                                                    
     they're  convinced that  there has  been abuse  and not                                                                    
     just somebody that's offended a social worker.                                                                             
                                                                                                                                
2:13:35 PM                                                                                                                    
SENATOR  MCGUIRE   said  she  doesn't  have   concern  about  his                                                               
confidence to  publicly express  his opinions  18 years  ago, but                                                               
she would like  to hear how he intends to  tackle the issues that                                                               
are facing  Alaska in 2009.  She asked  what style he  intends to                                                               
take on the issues of abuse and neglect and rape of minors.                                                                     
                                                                                                                                
2:16:02 PM                                                                                                                    
MR. ROSS  related that he was  in private practice when  he wrote                                                               
those articles  and it was a  method of getting his  name out. "I                                                               
wrote  what I  believed in  and tilted  at the  windmills that  I                                                               
thought needed  tilting at  the time."  He has  different clients                                                               
now. "An  attorney has to  be able  to ascertain who  his clients                                                               
are and how they deserve  the best representation possible. Now I                                                               
would represent the people of the state of Alaska."                                                                             
                                                                                                                                
MR.  ROSS  pointed out  that  his  knowledge  is broad  from  the                                                               
defense standpoint and  he has a fairly broad  knowledge from the                                                               
family court standpoint. He said  he doesn't have all the answers                                                               
because he's  been on the  job just eight  days. He said,  "I was                                                               
the top  man of  the bottom third  of my law  school class  and I                                                               
made a  success because I  worked harder  than other people.  … I                                                               
prepared  my cases  harder than  other people  and …  probably 95                                                               
percent of my  cases settle before I go to  court. Only 5 percent                                                               
go to trial, but  of those 5 percent that go  to trial I probably                                                               
won  80  to 90  percent.  …  I'm not  telling  you  I've got  the                                                               
solutions; I'm  telling you I'm willing  to work to get  them and                                                               
learn  from you  guys what  your thoughts  are and  listen and  I                                                               
don't think you can ask more than that."                                                                                        
                                                                                                                                
2:19:42 PM                                                                                                                    
SENATOR MCGUIRE said  this is her third  confirmation hearing for                                                               
an attorney  general for  the state and  she's found  that what's                                                               
more  important  than the  right  answer  is  to have  the  right                                                               
philosophy.  She suggested  that  he approach  the  job with  the                                                               
recognition that  he may  have said and  believed in  things that                                                               
were right at the time, but now may have changed.                                                                               
                                                                                                                                
MR. ROSS acknowledged that things change.                                                                                       
                                                                                                                                
2:20:52 PM                                                                                                                    
SENATOR  THERRIAULT  asked  how  he sees  his  role  as  attorney                                                               
general in terms  of interacting with the  commissioners who deal                                                               
with alcohol problems and child abuse problems.                                                                                 
                                                                                                                                
MR. ROSS said once  he learns his job he'd like  to meet with and                                                               
get input from  judges, public defenders and  peace officers from                                                               
the various areas  across the state. "There's a lot  to learn and                                                               
maybe we can come up with some better solutions."                                                                               
                                                                                                                                
2:22:40 PM                                                                                                                    
SENATOR THERRIAULT  stated the opinion that  the toughest section                                                               
of statute  that legislators deal  with is family law  because of                                                               
the  many  different  family  situations.   Over  the  years  the                                                               
Legislature  has worked  to more  clearly delineate  parental and                                                               
individual  children's   rights  so  it's  not   surprising  that                                                               
complaints  about OCS  have  dropped off.  "We  have changed  the                                                               
rules there by modifying the law."                                                                                              
                                                                                                                                
MR. ROSS  suggested that  legislators add  a provision  that says                                                               
that   a  parent   who  successfully   litigates  against   false                                                               
allegations  can  be  awarded  attorney's  fees.  That  would  be                                                               
another  check against  the  [former] DFYS.  In  the past  people                                                               
couldn't afford to  litigate the issue because the  full power of                                                               
the state was against them  and they wouldn't get attorney's fees                                                               
back. He  cited a case he  handled that cost the  parents between                                                               
$30,000  and $40,000  and  the kids  remained in  the  home as  a                                                               
result of  the hearing. The parents  got none of that  money back                                                               
and it could have gone to the kids, he said.                                                                                    
                                                                                                                                
2:25:13 PM                                                                                                                    
SENATOR THERRIAULT  noted that  Representative Hawker  wrote that                                                               
he found  Mr. Ross to  be absolutely and completely  dedicated to                                                               
the constitution and  rule of law. He asked Mr.  Ross if he would                                                               
have a problem  applying the laws that the  Legislature writes if                                                               
he had a different opinion.                                                                                                     
                                                                                                                                
MR. ROSS  replied his  job is  to administer  the law  whether he                                                               
agrees with  it or not. "You  don't have as much  freedom in this                                                               
job as you did in private  practice and I recognize that." That's                                                               
fine, he said.                                                                                                                  
                                                                                                                                
2:26:16 PM                                                                                                                    
CHAIR FRENCH  asked if he was  ever sued for malpractice  when he                                                               
was in private practice.                                                                                                        
                                                                                                                                
MR. ROSS replied  he was sued twice. The first  time was after he                                                               
got  the largest  settlement in  the history  of the  U.S. for  a                                                               
wrongful  termination  of  employment  case.  Ultimately  it  was                                                               
dismissed and the  attorney that brought the  case was sanctioned                                                               
under Rule 11  for $25,000. He still doesn't  understand why that                                                               
client sued him. The second case he settled for $500.                                                                           
                                                                                                                                
CHAIR FRENCH asked  if he's ever been sanctioned by  a court, had                                                               
an  order to  show  cause issued  by a  judge,  or been  publicly                                                               
reprimanded by the bar.                                                                                                         
                                                                                                                                
MR. ROSS said no.                                                                                                               
                                                                                                                                
2:29:41 PM                                                                                                                    
CHAIR FRENCH asked  what his chief focus will be  with respect to                                                               
resource development since the governor  emphasized that when she                                                               
announced his appointment to the position of attorney general.                                                                  
                                                                                                                                
MR. ROSS replied this state  has wonderful resources that need to                                                               
be used wisely.                                                                                                                 
                                                                                                                                
CHAIR  FRENCH asked  if he  adheres to  the philosophy  of former                                                               
Governor Wally  Hickel that  this is  an owner  state -  that the                                                               
resources are owned in common.                                                                                                  
                                                                                                                                
MR. ROSS said yes.                                                                                                              
                                                                                                                                
CHAIR FRENCH asked if he  has any litigation planned with respect                                                               
to carrying out the wishes of  the legislature or the governor on                                                               
resource development.                                                                                                           
                                                                                                                                
MR. ROSS answered no. He plans  to learn about the litigation the                                                               
state is already  involved in and if he learns  about problems he                                                               
will  submit  legislation to  correct  the  problems. He  doesn't                                                               
intend to  look for things  to litigate;  from what he's  seen so                                                               
far there's plenty to keep the state's 300 attorneys busy.                                                                      
                                                                                                                                
2:32:14 PM                                                                                                                    
SENATOR  WIELECHOWSKI observed  that the  state has  a number  of                                                               
lawsuits pertaining  to oil  spills and  environmental protection                                                               
and noted that  he had written an article titled  "We Should Quit                                                               
Crying over  the Oil  Spill." He  asked Mr.  Ross if  he believes                                                               
that it  is appropriate for the  state to pursue legal  action to                                                               
make  the state  whole  if  it finds  that  a  company is  acting                                                               
negligently and has caused damage to the environment.                                                                           
                                                                                                                                
MR.  ROSS replied,  "The  first day  on  the job  we  filed a  $1                                                               
billion  lawsuit against  British  Petroleum for  the failure  to                                                               
properly  protect against  corrosion  in the  pipe." As  attorney                                                               
general my  job is to protect  the people of the  state of Alaska                                                               
and when you  do that you also protect the  state's resources. My                                                               
job  is to  go after  people who  break the  law and  pollute the                                                               
environment and  I'm happy to  do it. Noting  that he is  also on                                                               
the committee that has to do  with the Exxon Valdez oil spill, he                                                               
said he won't  have a problem with that either  because he is now                                                               
wearing a different hat.                                                                                                        
                                                                                                                                
2:34:56 PM                                                                                                                    
CHAIR  FRENCH said  when you  campaigned for  governor you  spoke                                                               
about too many  regulations tying up resource  development in the                                                               
state,  and the  BP spill  example is  a perfect  illustration of                                                               
what you get in the face of inadequate regulation and oversight.                                                                
                                                                                                                                
MR.   ROSS  responded   the   regulations   were  adequate;   the                                                               
enforcement  was   lacking.  BP  was  supposed   to  enforce  the                                                               
regulations and  didn't do  it, but the  state shouldn't  rely on                                                               
the  people who  are supposed  to abide  by the  laws to  enforce                                                               
them. "We need to have more of a watchdog role I do believe."                                                                   
                                                                                                                                
CHAIR FRENCH  said I  heard you  say that  the state  should have                                                               
strict enforcement of its laws and regulations.                                                                                 
                                                                                                                                
MR. ROSS said yes.                                                                                                              
                                                                                                                                
CHAIR FRENCH asked  if he believes that the same  should apply to                                                               
people who may not have broken the law in the past.                                                                             
                                                                                                                                
MR. ROSS replied you could sit  them down with their attorney and                                                               
let them know  what they did wrong  and why there is  such a law.                                                               
After  that  you  could  let  them  walk.  He  cited  a  personal                                                               
experience and said police officer  discretion is the best way to                                                               
enforce  the  law.  Prosecutors  also should  use  that  sort  of                                                               
discretion.  Lots of  times people  don't intend  to violate  the                                                               
law, but they end  up doing just that. Fish and  game cases are a                                                               
prime  example where  a warden  can issue  a warning  and thereby                                                               
increase the likelihood that someone  will in the future report a                                                               
case of  serious wrongdoing. Citizens  need to cooperate  and you                                                               
won't have that if people are alienated when they shouldn't be.                                                                 
                                                                                                                                
2:39:05 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he believes everyone  would agree with                                                               
Mr. Ross's statement supporting strict  adherence to the law. The                                                               
problem  is  that  for  years   the  oil  companies  have  fought                                                               
regulations on the transit lines  at the state and federal level.                                                               
As a result  we really didn't have laws  or regulations governing                                                               
a lot of the transit lines, he  pointed out. He asked Mr. Ross if                                                               
he  would support  stricter  regulations to  make  sure that  the                                                               
environment  is  safe.  "Even  where there  have  been  no  prior                                                               
offenses, the risk is so huge to  our economy and to our state if                                                               
there is a breach."                                                                                                             
                                                                                                                                
MR. ROSS  returned it's not  the attorney general's job  to enact                                                               
regulations;  the  attorney  general's  job  is  to  enforce  the                                                               
regulations.  It's the  job  of the  legislature  to decide  what                                                               
regulations  need to  be  enacted.  He said  he  doesn't know  if                                                               
additional regulations  are needed, but he  would caution against                                                               
regulating a company out of business.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI said  he would tend to agree but  in a press                                                               
release the  governor said you,  as attorney general,  would work                                                               
with  her  on issues  related  to  development of  Alaska's  rich                                                               
natural resources. I've never thought  of the attorney general as                                                               
being  someone  who  would  be involved  in  the  development  of                                                               
natural  resources, he  said, but  the governor  put you  in that                                                               
situation and  I'd like to  hear whether  you agree that  that is                                                               
your job.                                                                                                                       
                                                                                                                                
MR.  ROSS stated  his  belief that  the  attorney general  should                                                               
challenge  federal  regulations  that   prevent  the  state  from                                                               
developing its natural resources. He continued:                                                                                 
     I'd like to have a role  in that. … We were promised in                                                                    
     the  statehood  compact that  we  would  get a  certain                                                                    
     percentage of  the resources that  we developed  in the                                                                    
     state and  then suddenly  the federal  government seems                                                                    
     to be closing the door  and preventing us from reaching                                                                    
     those  resources.  And  I  would like  to  see  us  get                                                                    
     involved  in challenging  some of  those. That  doesn't                                                                    
     mean  that we  develop  the  resources willy-nilly  and                                                                    
     without  the proper  regard for  the environment.  So I                                                                    
     think  that's what  she had  in mind.  That we  need to                                                                    
     make  sure that  we  have the  freedom  to develop  our                                                                    
     resources  and  that  we   don't  have  people  Outside                                                                    
     telling us how we should  do it. The management of fish                                                                    
     and wildlife  is a  good example  where we  have people                                                                    
     Outside  who don't  like us  shooting  wolves from  the                                                                    
     air.  And  we  believe  that we  should  cut  down  the                                                                    
     predators  so  that  we  can build  up  our  moose  and                                                                    
     caribou  populations. And  I think  that's  one of  the                                                                    
     resources that she was referring to also.                                                                                  
                                                                                                                                
2:42:44 PM                                                                                                                    
CHAIR FRENCH welcomed Senator Huggins to the hearing.                                                                           
                                                                                                                                
Turning to the  issues of Native rights,  subsistence rights, and                                                               
ANILCA  (Alaska   National  Interest  Lands   Conservation  Act),                                                               
Senator  French asked  Mr. Ross  if  he thinks  there are  Indian                                                               
tribes in the state of Alaska.                                                                                                  
                                                                                                                                
MR. ROSS said of course there are tribes.                                                                                       
                                                                                                                                
CHAIR FRENCH asked if he  recognizes the supremacy of federal law                                                               
with respect to ANILCA - Title 8.                                                                                               
                                                                                                                                
MR. ROSS replied, "Of course I do."                                                                                             
                                                                                                                                
CHAIR FRENCH  asked if he  recognizes that the challenges  to the                                                               
constitutionality of Title 8 have been exhausted.                                                                               
                                                                                                                                
MR. ROSS responded it was a long fought war.                                                                                    
                                                                                                                                
CHAIR  FRENCH  asked  his  view  of  the  path  towards  unifying                                                               
management of  fish and  game under state  control now  that it's                                                               
beyond  the  state's  legal  grasp to  change  the  supremacy  of                                                               
federal law with respect to Title 8.                                                                                            
                                                                                                                                
MR. ROSS  expressed the view  that the state should  have control                                                               
over its resources. He continued:                                                                                               
     We're  the  only  state that's  prevented  from  having                                                                    
     management of our fish and  game resources." It's going                                                                    
     to be  up to  the Legislature  to determine  whether or                                                                    
     not it  should seek to  regain control of its  fish and                                                                    
     game resources.  "In my six  days of doing  the dancing                                                                    
     bear act around this capitol  building in the last week                                                                    
     or two  I've had  legislators tell  me that  they would                                                                    
     like to get  management of our fish  and game resources                                                                    
     back. If  that's your decision  that would be my  job -                                                                    
     to do what I can to  get management back. But my job is                                                                    
     also  to support  the Constitution  of Alaska  and that                                                                    
     provides that  the resources belong  to everyone.  So I                                                                    
     would not  want to get  the resources back  by amending                                                                    
     our  constitution, for  example. I  do believe  that we                                                                    
     can  have a  preference  for subsistence  use and  that                                                                    
     subsistence  is one  of the  really  neat things  about                                                                    
     Alaska that  makes Alaska unique.  We have  people that                                                                    
     are  far away  from  grocery stores  or long  distances                                                                    
     that  they have  to transport  food that  live off  the                                                                    
     resources that  we have.  We should  be able  to manage                                                                    
     those resources  so that those people  don't go hungry.                                                                    
     I've said several times when  Mom would invite somebody                                                                    
     to the house for dinner, and  she'd bake a pie and more                                                                    
     people showed  up she didn't  say well some  people can                                                                    
     have pie and  some people can't. She  didn't say people                                                                    
     can  have littler  pieces of  pie.  She'd make  another                                                                    
     pie.  When we  properly  manage our  fish and  wildlife                                                                    
     resources  we're in  effect making  another pie.  We're                                                                    
     seeing to  it we have  more animals so that  people can                                                                    
     exercise their subsistence rights  and so sport hunters                                                                    
     can exercise  their rights. But  in times  of shortage,                                                                    
     we can  have a preference for  subsistence and probably                                                                    
     should.                                                                                                                    
                                                                                                                                
2:47:08 PM                                                                                                                    
CHAIR FRENCH returned that the  conflict is not about subsistence                                                               
in general; it's about whether  there will be a rural subsistence                                                               
preference. The  state's unwillingness to  pass a law  of general                                                               
application on that topic is what led to the federal takeover.                                                                  
                                                                                                                                
MR. ROSS responded the people of Eklutna have had a subsistence                                                                 
tradition for thousands of years and now that village is part of                                                                
the Municipality of Anchorage. He continued:                                                                                    
     Suddenly  because of  where they  live  they can't  get                                                                    
     subsistence, but  you've got  Dr. Smith who  flies into                                                                    
     one of  the villages in  his Cessna 206 and  because of                                                                    
     where he lives, he can  get subsistence when he's maybe                                                                    
     hunting  for the  first time  in his  life. It's  a bad                                                                    
     system based  on where you  live and  I oppose it.  … I                                                                    
     say we should  be like the muskox,  circling and facing                                                                    
     out  towards  our  enemies  and  not  fighting  amongst                                                                    
     ourselves. … We  ought not to battle  those old battles                                                                    
     over  again. We  can solve  our problems  if people  of                                                                    
     goodwill will sit  down and work them  out and remember                                                                    
     that we're here together and we're Alaskans.                                                                               
                                                                                                                                
2:49:15 PM                                                                                                                    
CHAIR FRENCH said  that's true, but it's worth  pointing out that                                                               
when you  ran for governor  you talked about hiring  junkyard dog                                                               
attorneys general  to regain control  of the federal  land. There                                                               
is a  great philosophical problem in  reconciling the differences                                                               
between the federal and state  views of subsistence. If your goal                                                               
is to regain state control of  those federal lands, there are two                                                               
options  given the  supremacy clause.  You either  change federal                                                               
law or you comply with it.                                                                                                      
                                                                                                                                
MR.  ROSS  responded  that's  why   we  have  court  systems.  He                                                               
continued:                                                                                                                      
     When the  people of  Alaska approved  the constitution,                                                                    
     the constitution said the …  resources of Alaska belong                                                                    
     to  everyone. Congress  approved that  constitution. In                                                                    
     effect  it  said  you're  going   to  be  a  state;  we                                                                    
     recognize  the  validity  of  your  constitution.  Then                                                                    
     Congress came along and enacted  a law that said unless                                                                    
     you change  your constitution we're going  to take over                                                                    
     management  of your  fish and  game. Alaskans  stood up                                                                    
     for Alaska, in my opinion,  and said we're not going to                                                                    
     change  our   constitution.  So  the  feds   took  over                                                                    
     management of fish and game.  I think an argument could                                                                    
     be made  that they breached the  statehood compact. And                                                                    
     I  think Alaskans  ought  to say,  why  are we  treated                                                                    
     differently than  other states?  Aren't we  entitled to                                                                    
     manage  our  own fish  and  game  resources on  federal                                                                    
     lands?  So, I  think federal  law's bad  and should  be                                                                    
     challenged.  But, as  attorney  general  that's not  my                                                                    
     job. You guys  decide it should be  challenged I'll put                                                                    
     on my  armor and  go forth  to battle  for you.  If the                                                                    
     governor decides it I'll do  the same, but the hat that                                                                    
     I'll  be  wearing  I  can't  just  go  picking  battles                                                                    
     because of my personal philosophy. It's not my job.                                                                        
                                                                                                                                
CHAIR  FRENCH  recognized  that Senator  Menard  had  joined  the                                                               
hearing.                                                                                                                        
                                                                                                                                
2:52:30 PM                                                                                                                    
SENATOR MCGUIRE  commented that this conversation  dovetails with                                                               
a broader conversation  that she thinks the state  will be facing                                                               
with  the   change  in  administration  at   the  federal  level.                                                               
Indications  are that  there  will  be a  dramatic  shift in  the                                                               
Department  of Interior  and the  Bureau of  Indian Affairs  with                                                               
respect to Alaska.  There is a question about  whether the Indian                                                               
country  ruling  that  the U.S.  Supreme  Court  overturned  will                                                               
somehow be revisited and then there's  the Katy John case and the                                                               
issue of  navigable waters. It  wasn't taken to the  U.S. Supreme                                                               
Court because former  Governor Knowles opted not to  do that, but                                                               
it  sits out  there as  an undefined  area, she  said. "So  I see                                                               
sovereignty in  parts of Alaska as  a huge part, not  only of our                                                               
present situation but  our future, and it  dovetails into Senator                                                               
French's  questions."  She  asked  Mr. Ross  his  game  plan  for                                                               
helping  Alaskans to  navigate this  difficult, likely  emotional                                                               
and  potentially stagnating  chapter of  history with  respect to                                                               
state  sovereignty,  sovereignty  of  tribes in  Alaska  and  the                                                               
relationship the state has with the federal government.                                                                         
                                                                                                                                
2:54:31 PM                                                                                                                    
MR. ROSS said  it's a good question that's without  an answer for                                                               
a guy who's  been on the job  just six days. He  said he recently                                                               
heard  that  closing  ANWR   (Arctic  National  Wildlife  Refuge)                                                               
permanently and  cutting off development  in the Beauford  Sea is                                                               
being considered by Congress and he  may have a different view of                                                               
Alaska than  some others but  he's proud of this  state. Alaskans                                                               
came here  for the freedoms  the state has  and to get  away from                                                               
big government as much as possible.  Yet there are people who are                                                               
5,000  miles  away  who  are  telling us  what  to  do  with  our                                                               
resources. He continued:                                                                                                        
     We've  been  entrusted  with  those  resources  and  we                                                                    
     should have the right to  determine what should be done                                                                    
     with our  resources ourselves. So  when laws  like that                                                                    
     come down  - people elected  you to protect them  and I                                                                    
     would  probably welcome  direction from  you to  resist                                                                    
     that  outside  interference. But  it  isn't  my job  to                                                                    
     decide  to  do  that.  That's your  job  and  it's  the                                                                    
     governor's. … I'm  just the general …  that carries out                                                                    
     the campaigns. I don't decide  to go to war. That's the                                                                    
     administration's  job. My  job's to  win the  war after                                                                    
     you guys decide to go to war.                                                                                              
                                                                                                                                
2:56:35 PM                                                                                                                    
SENATOR MCGUIRE said she has a  very strong belief in letting the                                                               
governor select  her cabinet.  "Barring any  major incompetencies                                                               
that rise  up to even a  constitutional level I think  our job is                                                               
to hear you out." You'll probably  go forward and be the attorney                                                               
general for this state so the  tone of my questioning is food for                                                               
thought to  formulate how you  think about things.  She suggested                                                               
that going to war might well  divide people further and leave the                                                               
state under greater federal control  than even today. She doesn't                                                               
disagree  that  legislators  are   the  policy  makers,  but  the                                                               
attorney general  has tools to  navigate the law with  respect to                                                               
sovereignty,  management of  lands and  all the  kinds of  things                                                               
that will come forward. Again she  said, "It's just more food for                                                               
thought."                                                                                                                       
                                                                                                                                
MR. ROSS  responded that one  job of  the attorney general  is to                                                               
give advice  the legislature and  he thinks  conversations should                                                               
take place as often as possible.  He said this is another subject                                                               
but he believes  that the way the subpoenas were  handled was the                                                               
result of people not communicating enough.                                                                                      
                                                                                                                                
2:59:43 PM                                                                                                                    
SENATOR  OLSON  acknowledged the  differing  points  of view  and                                                               
agendas and said  the problem he sees relates to  Mr. Ross making                                                               
comments  about junkyard  dogs as  he  did in  the 1990  governor                                                               
race.  People  get very  concerned  about  those kinds  of  words                                                               
because they polarize the "haves" and the "have nots."                                                                          
                                                                                                                                
SENATOR OLSON noted that Mr.  Ross talked about issues related to                                                               
subsistence and rural  preference and how people  who didn't have                                                               
financial resources were  forced to travel 5,000 miles  to try to                                                               
get something  done on  the federal level  to preempt  state law.                                                               
The problem I see with your  confirmation and your sitting in the                                                               
position as the general is that  you may not be the one declaring                                                               
war, but you're  the one that's going to have  all the casualties                                                               
under your command.  Senator Olson said my concern  is that those                                                               
casualties  may indeed  be those  people in  rural Alaska  that I                                                               
represent.  I've  had  torrents   of  emails  and  communications                                                               
stating opposition to your appointment  because of the statements                                                               
you've made over the years that  have been so polarizing. What do                                                               
I say to the  people out there that I represent who  had to go to                                                               
Washington  D.C. to  get some  type of  arrangement so  that they                                                               
could continue to  do what they've done for  years? Senator Olson                                                               
asked.                                                                                                                          
                                                                                                                                
3:02:43 PM                                                                                                                    
MR. ROSS responded:                                                                                                             
     You  don't go  to Washington  D.C. anymore;  Washington                                                                    
     D.C. is not  friends with Alaska. … A  general's job is                                                                    
     not  to  cause  casualties   with  his  own  people;  a                                                                    
     general's  job is  to win  the war  against the  enemy.                                                                    
     Alaskans should  be working together. …  I've felt that                                                                    
     the subsistence issue was very  divisive. It could have                                                                    
     been handled  a long  time ago without  being divisive.                                                                    
     The problem  with the subsistence  is that  some people                                                                    
     felt  that  they should  have  more  rights than  other                                                                    
     people instead of sitting down  and working out to make                                                                    
     sure  that subsistence  was protected.  You can't  have                                                                    
     those who have  and those who have not  and not develop                                                                    
     enemies.                                                                                                                   
                                                                                                                                
SENATOR OLSON asked  Mr. Ross to repeat his  last statement about                                                               
enemies.                                                                                                                        
                                                                                                                                
MR. ROSS said:                                                                                                                  
     If you  push for haves  versus have  nots - if  you say                                                                    
     I'm better  than you  are. I should  have a  bigger car                                                                    
     than you. I'm not going  to make friends with you doing                                                                    
     that. But  if we sit down  and say, how can  we arrange                                                                    
     our  transportation,  we  can reach  an  agreement.  We                                                                    
     never  did  that.  Instead  some  people  went  off  to                                                                    
     Washington  to try  and get  rights over  others, which                                                                    
     was violative  of our constitution.  It wasn't  the way                                                                    
     to handle it in my opinion.  And now we got the federal                                                                    
     government  sticking its  nose in  the State  of Alaska                                                                    
     and we  need to realize  that we've invited a  giant to                                                                    
     our state  and that we need  to protect all of  us from                                                                    
     the giant.                                                                                                                 
                                                                                                                                
     Have you seen  the old western movies where  they get a                                                                    
     new marshal into town and he  turns out to be far worse                                                                    
     than they had  before? That's what we did  okay? We can                                                                    
     work out  our problems. If  we sit down and  talk about                                                                    
     what's needed, we can work those  out. As I told you at                                                                    
     the  very  beginning,  95  percent  of  my  cases  were                                                                    
     settled because  even though there's  a lot  of emotion                                                                    
     in divorce cases  … we were able to calm  them down and                                                                    
     get it worked out. But  you don't invite the giant into                                                                    
     your house -  or the bear if you want  to say that. You                                                                    
     don't  invite the  bear into  your house  and then  not                                                                    
     expect to  get eaten  up. We're being  eaten up  and we                                                                    
     need to get together.                                                                                                      
                                                                                                                                
SENATOR OLSON  said he respectfully  disagrees with  the parallel                                                               
that  the state  has invited  the bear  into the  room. That  so-                                                               
called bear is the U.S. government  and it had to step in because                                                               
state law was  starting to run over the rank  and file little guy                                                               
that's  trying to  make a  living in  rural Alaska,  he said.  He                                                               
cautioned against calling people junkyard  dogs to try to rectify                                                               
a situation.                                                                                                                    
                                                                                                                                
3:06:33 PM                                                                                                                    
MR. ROSS  clarified that he  said he  was going to  hire junkyard                                                               
dogs to get the feds off the state's back. He continued:                                                                        
     That would be my intention  had I been elected governor                                                                    
     because  I  believe  that Alaskans  should  be  working                                                                    
     together and that you don't  just represent some people                                                                    
     out  there and  that's  all the  people you  represent.                                                                    
     You're a  Senator, you represent  all Alaskans  and you                                                                    
     should  be  working  with  other  Alaskans  to  develop                                                                    
     solutions rather than  going out and crying  to mom out                                                                    
     somewhere else  and saying, 'Mom  you got to  help me.'                                                                    
     And  that's not  necessarily  directed at  you, but  we                                                                    
     should  have worked  together to  solve those  problems                                                                    
     rather  than  get  somebody else  out  to  solve  those                                                                    
     problems. That was a mistake  we made years ago and I'm                                                                    
     saying  we  need  to  sit down  and  work  together  to                                                                    
     develop  solutions so  that you  people  out there  are                                                                    
     happy with what's going on  here and don't have to look                                                                    
     to the  federal government.  They should be  looking to                                                                    
     other Alaskans to solve their problems.                                                                                    
                                                                                                                                
3:07:39 PM                                                                                                                    
CHAIR FRENCH said it's fair to  say that the Native community has                                                               
expressed strong opposition to your appointment.                                                                                
                                                                                                                                
MR. ROSS responded it's from people who don't know him.                                                                         
                                                                                                                                
CHAIR FRENCH highlighted  that during the course  of a fundraiser                                                               
when Mr.  Ross ran for  governor, rock  and roll star  Ted Nugent                                                               
was quoted  in the 8/26/02 issue  of the Anchorage Daily  News on                                                               
the topic  of subsistence saying,  "Can an Alaska Native  look at                                                               
me with a straight face and say  he needs 20 caribou to feed dogs                                                               
on a chain  all day? I'd like  to smash that SOB  in the temple."                                                               
Did you  apologize or consider  apologizing for the  comment that                                                               
Mr. Nugent made, he asked.                                                                                                      
                                                                                                                                
MR. ROSS  responded I didn't  make that comment. What  Ted Nugent                                                               
said was outrageous  and it didn't get any votes.  "My wife and I                                                               
thought it  was the improper thing  to say, nobody ever  asked me                                                               
about it until … 7 years after.  … Had somebody asked me about it                                                               
at that  time, I would have  apologized then and said  he doesn't                                                               
speak for me."                                                                                                                  
                                                                                                                                
MR. ROSS urged Senator Olson to  talk to Alaska Natives that they                                                               
know  in  common to  see  if  he's  either anti-Native  or  anti-                                                               
subsistence. "They'll tell you the truth," he added.                                                                            
                                                                                                                                
3:11:39 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  he has  a binder  full of  things Mr.                                                               
Ross  has  said  and  written  over  the  years.  Some  of  those                                                               
statements don't help the state move forward because they are so                                                                
extremely divisive. He provided the following examples:                                                                         
                                                      th                                                                        
   · "The idea of Native sovereignty is a 19 century                                                                            
     principle."                                                                                                                
   · A letter to the bar association called a particular group                                                                  
     of people immoral and degenerate.                                                                                          
   · A former legislator said Mr. Ross thrives on confrontation.                                                                
     "He tries to convince me that he is absolutely right and I                                                                 
     am absolutely wrong and I don't buy that", former                                                                          
     Representative Abood said.                                                                                                 
   · A friend once said, "He can dig in and be very belligerent                                                                 
     and say 'There's my way and no way.'" Mr. Ross's response                                                                  
     was "That hits the nail on the head."                                                                                      
                                                                                                                                
MR. ROSS said, "You want a woose for a private attorney or do                                                                   
you want somebody who's going to fight for you. That's what I                                                                   
did."                                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI said he wants an attorney general who will                                                                 
represent all Alaskans, who will be fair to all sides, and who                                                                  
will see that the state is not further divided.                                                                                 
                                                                                                                                
MR. ROSS stated the following in his closing statement:                                                                         
     I told  you at the  beginning that I want  to represent                                                                    
     all Alaskans  - that I'll  have a different hat  on. An                                                                    
     attorney makes  comments on behalf  of his  clients, he                                                                    
     is  an advocate  for his  clients and  an attorney  may                                                                    
     advocate that  a guy  be found  not guilty  for murder.                                                                    
     That  doesn't mean  the  attorney  supports murder.  An                                                                    
     attorney  may advocate  that somebody  gets a  divorce;                                                                    
     that doesn't mean an attorney  believes in divorce. And                                                                    
     if I have the job of  advocate for the State of Alaska,                                                                    
     I'm going to  advocate for all the people  of the state                                                                    
     of  Alaska. When  I had  a different  job, I  performed                                                                    
     that job  with integrity. I  wrote an article  that you                                                                    
     should look up  called "High Hopes Waits  for the Phone                                                                    
     Call" and it  was about a guy who wanted  to be Supreme                                                                    
     Court justice and so he  took no positions on anything.                                                                    
     He sat  there, he  read the  law, and  he waited  for a                                                                    
     phone  call  from  the   President  because  he  hasn't                                                                    
     alienated anybody.  He didn't eat meat  in a restaurant                                                                    
     because he  might get the vegetarians  upset. He didn't                                                                    
     wear  leather  shoes  because he  might  get  the  PETA                                                                    
     people  upset. He  didn't join  the Kiwanis  because he                                                                    
     might  get  the  Rotarians  upset.  He  did  absolutely                                                                    
     nothing for 20 years because  he knew the President was                                                                    
     going  to call  him  and  he didn't  want  to have  any                                                                    
     controversy.                                                                                                               
                                                                                                                                
     I've  lived my  [professional]  life for  42 years  and                                                                    
     I've had  a great time  doing it. And  I've represented                                                                    
     all kinds  of groups  and I've  advocated for  them and                                                                    
     nobody  ever  accused me  of  tippy  toeing around  the                                                                    
     issues. Now  I'm asking for  the job of  advocating for                                                                    
     Alaska - for the state that  I love almost as much as I                                                                    
     love my wife. I want to  be the advocate for Alaska and                                                                    
     I want  to work  with people that  we can  face outward                                                                    
     and fight the  people that don't like  what we're doing                                                                    
     in Alaska.  I don't want  to get into a  battle between                                                                    
     Alaskans again. We did that  years ago. We did that and                                                                    
     his people [indicating Senator Olson]  felt they had to                                                                    
     go to  Washington to get  help. They should  have never                                                                    
     had to  go to  Washington to get  help. We  should have                                                                    
     solved those  problems working among ourselves.  We can                                                                    
     do it.  I'm a  good negotiator and  I listen  to people                                                                    
     and I'll  work to  try and solve  the problems  here so                                                                    
     that people  don't have  to go  to Washington.  But I'm                                                                    
     going  to be  the advocate  for all  the state.  If you                                                                    
     want someone who's never taken  an opinion on anything,                                                                    
     well then  you can  get a  nice quiet  attorney general                                                                    
     who will do exactly nothing. That ain't me.                                                                                
                                                                                                                                
3:17:08 PM                                                                                                                    
CHAIR  FRENCH thanked  Mr. Ross  and recessed  the hearing  until                                                               
5:30 pm.                                                                                                                        
                                                                                                                                
5:36:12 PM                                                                                                                    
CHAIR FRENCH  reconvened the Senate Judiciary  Standing Committee                                                               
meeting at 5:36 pm and announced  his intention is to take public                                                               
testimony for 90  minutes on the governor's  appointment of Wayne                                                               
Anthony Ross as  attorney general. Any written  testimony that is                                                               
submitted with the request that it  be made part of the permanent                                                               
record  will  be honored.  He  asked  testifiers to  limit  their                                                               
remarks to three minutes.                                                                                                       
                                                                                                                                
BRADLEY J.  FLUETSCH, Grand President, Alaska  Native Brotherhood                                                               
(ANB) and Alaska  Native Sisterhood (ANS) Grand  Camp and Glacier                                                               
Valley ANB  and ANS Camp  70, stated that  Mr. Ross has  a proven                                                               
record of not  honoring federal Indian law  or recognizing Alaska                                                               
Native's  special  relationship   with  the  federal  government.                                                               
Furthermore,   he  does   not   understand   the  importance   of                                                               
subsistence to Alaska  Natives. During the 2002  governor race he                                                               
was interviewed  by "Fish  Alaska" and said  that as  governor he                                                               
intended  to challenge  provisions  of  ANILCA mandating  federal                                                               
management  of  Alaska's   resources  through  the  congressional                                                               
delegation and  the courts.  In this  morning's Juneau  Empire he                                                               
states that he does not  believe in tribal sovereignty. "This man                                                               
just  wants  to  wage  war   on  Alaska  Natives,"  Mr.  Fluetsch                                                               
asserted.  That   doesn't  move   the  state  forward   and  it's                                                               
expensive. We  need to work  cooperatively which means  the state                                                               
needs to  work with the  tribes and the Native  corporations. "We                                                               
do not  need a litigious  attorney general fighting 150  years of                                                               
federal Indian law."                                                                                                            
                                                                                                                                
5:40:22 PM                                                                                                                    
SENATOR THERRIAULT joined the committee.                                                                                        
                                                                                                                                
ROBERT LOESCHER  said he is  representing the Central  Council of                                                               
Tlingit  Haida Indian  Tribes  of Alaska,  which  is a  federally                                                               
recognized  tribe with  26,000 enrolled  members, and  the Alaska                                                               
Native  Brotherhood Camp  2, which  is located  in Juneau  and is                                                               
affiliated with  the ANB  Grand Camp.  He recognized  and honored                                                               
Mr. Fluetsch  as Grand President.  He stated that ANB  has fought                                                               
for  civil  rights  for  all   Alaskans  for  many  years.  Since                                                               
statehood the  Native community has  contributed a great  deal to                                                               
the  way of  life and  prosperity  of the  state. Alaska  Natives                                                               
cooperated  in settling  the Alaska  Native claims  that held  up                                                               
rights  of  way  permits  for the  Trans  Alaska  Pipeline.  That                                                               
brought prosperity  to the  state. Since  that time  Natives have                                                               
contributed  to the  economy of  the state  through commerce  and                                                               
economic  development.  Indian  people and  tribal  members  have                                                               
facilitated millions  if not billions  of federal  transfer funds                                                               
for social,  economic, and welfare  programs for  Alaska Natives.                                                               
The  tribes have  developed  clinics,  job-training centers,  and                                                               
social programs to offset costs  to the state's operating budget.                                                               
We're proud of that, Mr. Loescher said.                                                                                         
                                                                                                                                
MR. LOESCHER said Mr. Ross's public  record is well known. He has                                                               
opposed the  recognition of tribes,  he has opposed ANCSA  and he                                                               
has not  been helpful to the  civil rights of Alaska  Natives. He                                                               
urged the committee to seriously  consider not endorsing Mr. Ross                                                               
as  attorney  general.   "We  really  would  like   to  foster  a                                                               
constructive engagement  between the Alaska Native  community and                                                               
the state  and we do  not believe  that the appointment  of Wayne                                                               
Anthony Ross would facilitate that," Mr. Loescher stated.                                                                       
                                                                                                                                
5:44:37 PM                                                                                                                    
MARSHA   BUCK,  representing   Alaskans  Together   for  Equality                                                               
Incorporated, said this  is a new organization  formed to advance                                                               
the civil  equality of  all Alaskans with  a particular  focus on                                                               
equality for  gay, lesbian,  bisexual, transgender,  and intersex                                                               
citizens.  She  said  her  testimony  is  in  opposition  to  the                                                               
appointment  of  Wayne  Anthony Ross  as  attorney  general.  His                                                               
record  of negative  comments about  gay, lesbian,  bisexual, and                                                               
transgender  Alaskans appear  to  make him  biased against  these                                                               
citizens so it's difficult to  imagine how he could fairly uphold                                                               
their  constitutional rights.  "We need  an attorney  general who                                                               
represents  all  Alaskans  equally   -  including  gay,  lesbian,                                                               
bisexual, and transgender Alaskans. I  would therefore ask you to                                                               
oppose Mr. Ross's nomination," Ms. Buck stated.                                                                                 
                                                                                                                                
NELSON  ANGAPOK, SR.,  Anchorage, said  the Alaska  Federation of                                                               
Natives is  strongly opposed to  the confirmation of Mr.  Ross as                                                               
attorney general.  He has been  vocal in his opposition  to rural                                                               
preference  and   he  does  not  support   Natives.  Fishing  and                                                               
gathering have been the core  of Alaska Native life for thousands                                                               
of  years.   If  subsistence  use  can't   be  protected  against                                                               
competition from other uses, most  residents of rural Alaska will                                                               
gradually be forced  to abandon their homes and  villages to move                                                               
to urban  areas. When  Mr. Ross  ran for  governor he  stated his                                                               
intention to hire a band  of junkyard assistant attorneys general                                                               
to challenge  ANILCA. Furthermore,  he has opposed  the existence                                                               
of  tribal  governments.  Mr.  Angapok  reiterated  that  AFN  is                                                               
opposed to the  confirmation of Mr. Ross as  attorney general for                                                               
Alaska. "Mr.  Ross holds  striking beliefs  in opposition  to two                                                               
core  issues  that  affect  the   very  survival  of  our  Native                                                               
communities  and people  -  subsistence  and tribal  sovereignty.                                                               
This  raises  a major  concern  about  his ability  to  represent                                                               
Alaska Natives on  an equal footing as any other  citizens of the                                                               
state of Alaska," Mr. Angapok stated.                                                                                           
                                                                                                                                
5:48:19 PM                                                                                                                    
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
FRED  TRABER  said   he  is  a  resident  of   Anchorage  and  is                                                               
representing  himself, his  spouse, and  others who  comprise the                                                               
gay community of  Alaska. He urged the committee to  ask Mr. Ross                                                               
about  his  regard for  and  attitude  toward the  gay,  lesbian,                                                               
bisexual,  and  transgender  citizens  of  Alaska.  "We  need  an                                                               
attorney general  willing to meet  the needs of all  Alaskans not                                                               
just a few."                                                                                                                    
                                                                                                                                
JAKE  JACOBSON, representing  himself  from Kodiak,  said he  has                                                               
known Mr. Ross for years. He has  seen him in times of stress and                                                               
disappointment and  he is always  consistent. He  doesn't succumb                                                               
to  knee  jerk  temptations  and  is  devoted  to  the  law.  The                                                               
foundation of the U.S. is  based on individual rights rather than                                                               
group  or mob  rights  and Mr.  Ross knows  this  well. It  takes                                                               
courage to do  the right thing when it's unpopular,  but Mr. Ross                                                               
doesn't  dodge his  responsibility  to do  the  right thing.  His                                                               
effort to  secure equal  subsistence rights  for all  Alaskans is                                                               
consistent  with the  Alaska and  U.S. Constitutions  and is  un-                                                               
preferentially  inclusive. His  tireless  defense  of the  Second                                                               
Amendment is  unpopular with  some, but  is part  of the  Bill of                                                               
Rights.  He knows  that  the Alaska  and  U.S. Constitutions  are                                                               
owner  manuals  that  should  be  followed  by  all  citizens  as                                                               
owner/operators.  Without adherence  to these  fundamental rights                                                               
society  would  be in  chaos.  When  Mr.  Ross lost  the  primary                                                               
election for governor, he commented that  the voters know he is a                                                               
better  lawyer than  a politician.  "We  need this  lawyer not  a                                                               
politician as attorney general. It  is my hope that Wayne Anthony                                                               
Ross be confirmed  unanimously by the Alaska  Legislature. I know                                                               
he will  serve all Alaskans  well if given the  opportunity," Mr.                                                               
Jacobson stated.                                                                                                                
                                                                                                                                
5:53:22 PM                                                                                                                    
VICTOR  VITALIE, representing  himself from  Anchorage, said  his                                                               
opposition to  Mr. Ross  is not  based on  what he  believes; his                                                               
opposition is  based on  the fact  that Mr. Ross  is rigid  and a                                                               
true  believer irrespective  of  the position  he  is taking.  He                                                               
doesn't   give  credence   to   contrary   arguments  in   either                                                               
negotiations or arguments.  Mr. Vitalie said he's  tried a number                                                               
of  cases  against  Mr.  Ross  and he's  found  Mr.  Ross  to  be                                                               
bombastic   and  ill   prepared  in   court.  "In   negotiations,                                                               
particularly  if  you're  multi-party,  one  of  the  issues  the                                                               
attorneys have  to deal with  is 'What do we  do so we  don't set                                                               
Wayne  Ross off.'"  The comment  he made  about setting  junkyard                                                               
dogs on an issue illustrates  that behavior. That sort of comment                                                               
doesn't  take  into account  how  his  advocacy will  impact  the                                                               
parties on  the other side of  the argument, but a  public lawyer                                                               
must be very cognizant of the fact  that the other side has to be                                                               
taken seriously  and treated respectfully.  "He doesn't  do that.                                                               
He  takes up  a  lot of  air  in  the room  when  he's trying  to                                                               
negotiate or litigate."                                                                                                         
                                                                                                                                
MR. VITALIE said he understands  that Mr. Ross submitted his name                                                               
to be  a judge some time  ago and he received  average numbers on                                                               
the  bar poll.  I  believe  that an  attorney  general should  be                                                               
viewed  as  excellent  by  his  or  her  colleagues  rather  than                                                               
average,  Mr.  Vitalie said.  Mr.  Ross  will be  extraordinarily                                                               
divisive regardless of  the issue and he does not  like to listen                                                               
to subordinates.  He isn't  going to  listen to  department heads                                                               
and professional  attorneys who have  been in the AGs  office for                                                               
10 to  20 years  if he  doesn't like  the answers  they're giving                                                               
him. "He's  going to get  the state in  trouble at some  point if                                                               
he's attorney general," Mr. Vitalie warned.                                                                                     
                                                                                                                                
5:56:01 PM                                                                                                                    
PAMELA  SAMASH,  representing   herself  from  Nenana,  expressed                                                               
support for Wayne  Ross as attorney general  and Governor Palin's                                                               
decision to appoint him. The  primary reason is because she likes                                                               
his morals. "I  believe the same way he believes  and I think the                                                               
same way  that he thinks." When  she hears about people  who want                                                               
to be  self sufficient and  want to  hunt and fish,  she realizes                                                               
that he's the man.  "He is for guns and he is  for gun rights and                                                               
this is why I really support him  because I think that we're in a                                                               
day and age in  America where we need people like  him in as many                                                               
places as  possible and  definitely in the  Alaska way  of life."                                                               
She encouraged the  committee to support the  confirmation of Mr.                                                               
Ross and added that she also supports his views on pro life.                                                                    
                                                                                                                                
ROBERT FITHIAN, representing himself  from Lower Tonsina, said he                                                               
has  for  several  administrations   served  with  honor  on  the                                                               
Wrangell-St Elias Subsistence Resource  Council and has worked to                                                               
help  Alaskans  help  Alaska within  the  mining,  forestry,  and                                                               
professional   guiding  industry.   He  said   he  supports   the                                                               
confirmation of Mr. Wayne Ross as attorney general.                                                                             
                                                                                                                                
TOM LAKOSH, representing himself  from Anchorage, said Mr. Ross's                                                               
testimony  shows he  has an  inherent conflict  of interest  that                                                               
would  preclude his  being attorney  general. When  Mr. Ross  was                                                               
asked about child molesters, he  stated that all his clients were                                                               
innocent yet  the state is  currently prosecuting appeals  of his                                                               
convicted clients. "I'd like to  know if this is Governor Palin's                                                               
April Fool's joke," he said.                                                                                                    
                                                                                                                                
5:59:42 PM                                                                                                                    
CHRIS  KINNY, representing  himself  from Anchorage,  said he  is                                                               
testifying in support of Mr. Ross as attorney general.                                                                          
                                                                                                                                
LYNNETT BERGH, representing herself from  North Pole, said she is                                                               
testifying  in full  support of  Governor Palin's  appointment of                                                               
Wayne A.  Ross as attorney general  for the state of  Alaska. She                                                               
has  researched  Mr.  Ross's background  and  qualifications  and                                                               
finds he  will be a  tremendous asset. She understands  that some                                                               
people have  opposed Mr. Ross's  record but it's her  belief that                                                               
anyone who  has been involved in  the legal arena for  some years                                                               
has  undoubtedly made  unpopular  decisions.  "But his  decisions                                                               
have always  been based on the  law," she said. He  is a champion                                                               
of Alaska. "I believe that he  is the right man for this position                                                               
and that he should be sworn  in as our new attorney general," Ms.                                                               
Bergh said.                                                                                                                     
                                                                                                                                
6:01:54 PM                                                                                                                    
BYRON  HALEY,  representing  himself   from  Fairbanks,  said  he                                                               
strongly  supports Wayne  Anthony  Ross as  attorney general.  He                                                               
believes  that the  Chitina  Dipnetters  Association support  Mr.                                                               
Ross as well, but it's not official.                                                                                            
                                                                                                                                
PAUL EAGLIN,  representing himself  from Fairbanks, said  he sent                                                               
an  email in  hopes it  would  be distributed  to the  committee.                                                               
Attached to  the email  was a  letter he sent  to the  Alaska Bar                                                               
Association "Bar  Rag" in  response to an  article that  Mr. Ross                                                               
published following  his unsuccessful application  for nomination                                                               
to the state  supreme court. Mr. Ross's article made  a number of                                                               
criticisms  with respect  to his  experience  as an  unsuccessful                                                               
applicant. Mr. Ross's article illustrates  that he has difficulty                                                               
accurately  thinking through  an issue  and clearly  articulating                                                               
his position. He  was speaking with respect to  his experience as                                                               
an  applicant and  the  comments he  made  were injudicious.  Mr.                                                               
Eaglin said  he also  thinks the  comments were  inappropriate in                                                               
terms of  the remarks he directed  to the justices of  the Alaska                                                               
Supreme Court and the successful applicants.                                                                                    
                                                                                                                                
MR.  EAGLIN suggested  that the  committee obtain  a copy  of Mr.                                                               
Ross's article  so that his  criticism would  be in context.   He                                                               
noted that as  an applicant to the Alaska Supreme  Court Mr. Ross                                                               
didn't score very well. Furthermore  he understands that Mr. Ross                                                               
has referred  to gays, lesbians,  bisexuals, and  transsexuals as                                                               
"degenerates"  and that's  offensive.  These  people have  rights                                                               
protected by law.                                                                                                               
                                                                                                                                
6:06:00 PM                                                                                                                    
SHAYLE HUTCHISON,  representing herself from Fairbanks,  said she                                                               
is voicing her strong opposition  to Mr. Ross as attorney general                                                               
because Alaska needs someone who  will represent the interests of                                                               
all  Alaskans.  Mr.  Ross's  comments   in  the  past  have  been                                                               
dismissive  of  the  problems  of   violence  against  women  and                                                               
children  even though  Alaska consistently  leads  the nation  in                                                               
rates  of domestic  violence, sexual  assault,  and child  abuse.                                                               
Alaska needs  an attorney general  who can provide  leadership in                                                               
these areas;  Mr. Ross is not  that person. Mr. Ross's  stance on                                                               
gay,  lesbian,  bisexual,  and   transgender  rights  is  also  a                                                               
concern.  She suggested  that  in the  next  several years  civil                                                               
rights will be  a primary issue and Alaska will  need an attorney                                                               
general  who   can  handle  this   issue  with   sensitivity  and                                                               
understanding. Mr.  Ross's degrading statements show  he will not                                                               
be competent in this area.                                                                                                      
                                                                                                                                
SCOTT TRAFFORD CALDER, representing  himself from Fairbanks, said                                                               
he  is speaking  in favor  of Mr.  Ross as  attorney general.  He                                                               
listened to some of the  questions and answers this afternoon and                                                               
on that brief  experience he is satisfied that Mr.  Ross has good                                                               
answers. Senator Olson  spoke wisely and had  good questions, but                                                               
Mr. Ross's answers  that Alaskans should work  together seemed to                                                               
be good. In  other questions he demonstrated that  he would speak                                                               
truth to power  and enforce the laws regarding  the interests and                                                               
rights  of  all  Alaskans.  "Apparently he  is  a  very  colorful                                                               
personality  and  there  is  some opposition,  but  I  guess  I'm                                                               
inclined otherwise," Mr. Calder said.                                                                                           
                                                                                                                                
6:09:02 PM                                                                                                                    
MIKE  PROX, representing  himself  from North  Pole,  said he  is                                                               
speaking in support of Mr.  Ross as attorney general. He's worked                                                               
with Mr. Ross on issues and  some political work and he does have                                                               
an understanding  of and respect  for the  law. He is  a colorful                                                               
personality,  which  isn't  all  bad. There  isn't  any  need  to                                                               
silence  opposing  views  on  any   issue.  It's  a  question  of                                                               
understanding  and respecting  the  rule of  law.  Mr. Ross  does                                                               
that.                                                                                                                           
                                                                                                                                
MELVIN  GROVE  said he  is  representing  himself and  the  MatSu                                                               
Advisory  Council,  which voted  unanimously  in  support of  Mr.                                                               
Ross. He's  a board member  of the  MatSu Fish and  Game Advisory                                                               
Committee, board  member of the  Alaska Outdoor  Access Alliance,                                                               
and the Anchorage  Motor/Mushers Club and he  believes they would                                                               
support Mr. Ross's nomination as well.                                                                                          
                                                                                                                                
KAREN LEWIS,  representing herself from MatSu,  said she supports                                                               
Governor Palin's decision.  She has known Mr. Ross  for years and                                                               
has seen him in  action as an attorney. "I want  him in my corner                                                               
if I  ever get in trouble.  He possesses a moral  Godly character                                                               
and he won't  back down when he's standing  up for righteousness.                                                               
…  I  wish  that  all  of  the courts  and  the  state  and  U.S.                                                               
legislatures  were all  filled with  people that  had that  moral                                                               
fortitude and Godly characteristic  that Mr. Ross possesses. This                                                               
would  be  a  great  country.  He would  have  been  a  wonderful                                                               
governor and  he would be  a great  supreme court justice  and he                                                               
will be one  heck of an attorney general. …  Mr. Ross believes in                                                               
equality not special interest groups.  And when it comes to gays,                                                               
lesbians, transgender,  etc. he  relies on what  the word  of God                                                               
states  not  what  men  think.  Again, he  will  be  a  wonderful                                                               
attorney general," Ms. Lewis said.                                                                                              
                                                                                                                                
6:12:52 PM                                                                                                                    
PETER  M.  PROBASCO, representing  himself  and  his family  from                                                               
MatSu, said he's known Mr. Ross for  years and he knows him to be                                                               
of the highest integrity. "I  think that lawyers of integrity are                                                               
one of  the most important  things this  country can have  and we                                                               
see what  happens when they  are not  of that caliber."  He knows                                                               
the constitutions of the U.S. and  Alaska and he will fulfill his                                                               
duty and be an outstanding attorney general.                                                                                    
                                                                                                                                
KAREN  LACKEY,  representing herself  from  MatSu,  said she  has                                                               
known Mr. Ross for many years  and he is an honorable and ethical                                                               
man.  He is  a highly  competent lawyer  and she  would urge  his                                                               
confirmation as attorney general.                                                                                               
                                                                                                                                
EARL LACKEY,  representing himself from Wasilla,  said he's known                                                               
Mr. Ross for  at least 20 years  and he knows that  Mr. Ross will                                                               
uphold the  U.S. and  Alaska constitutions to  the letter  of the                                                               
law. "I  would support Wayne  Ross and  do not believe  you could                                                               
get a better man for the job."                                                                                                  
                                                                                                                                
6:14:55 PM                                                                                                                    
ROSE FOSDICK said she is testifying  on behalf of Kawerak Inc., a                                                               
private  nonprofit consortium  whose  mission is  to promote  and                                                               
provide programs  to improve the  social, economic,  and cultural                                                               
wellbeing of  the people within  the Bering Straits  region. Last                                                               
week the Kawerak board met  and passed a resolution in opposition                                                               
to the  confirmation of  Wayne Anthony  Ross as  attorney general                                                               
for  the State  of  Alaska. The  resolution  states the  opposing                                                               
views  that Kawerak  Inc  and Mr.  Ross have  on  issues such  as                                                               
subsistence  and   tribal  sovereignty.  The  last   two  Whereas                                                               
statements and the Resolve are as follows:                                                                                      
    · Whereas Governor Palin's candidate for appointment of                                                                     
      attorney general  should be  an individual  who exemplifies                                                               
      leadership  skills that  will seek  collaboration with  all                                                               
      local governments to resolve  vital issues which would lead                                                               
      to safe economically viable and healthy communities and                                                                   
    · Whereas Wayne Anthony Ross's record and professional stance                                                               
      on  rural  subsistence   priority  and  tribal  sovereignty                                                               
      exemplifies an extreme bias,  which will further exacerbate                                                               
      the  process  to  resolve  vital  issues  to  our  regional                                                               
      communities.                                                                                                              
    · Now therefore be it resolved that Kawerak Board of                                                                        
      Directors oppose the confirmation  and appointment of Wayne                                                               
      Anthony Ross to serve as  attorney general for the State of                                                               
      Alaska. Dated April 3, 2009.                                                                                              
                                                                                                                                
6:17:00 PM                                                                                                                    
NORMAN  ANDERSON,  representing  Bristol Bay  Native  Association                                                               
(BBNA), Dillingham, read a letter  from BBNA to Governor Palin in                                                               
opposition to  the appointment of  Mr. Ross as  attorney general.                                                               
Whatever  positive qualities  Mr.  Ross may  have,  he is  widely                                                               
perceived  in  the Alaska  Native  community  as an  extreme  and                                                               
prominent   anti-subsistence   anti-Native  spokesman   and   his                                                               
appointment is viewed  as a slap in the face  by many Natives. It                                                               
is difficult to see how  a cordial relationship can be maintained                                                               
if the chief  law enforcement officer in the state  is an icon of                                                               
anti-subsistence and  anti-Native sentiment. [The full  letter is                                                               
part of the permanent file.]                                                                                                    
                                                                                                                                
LEO WASSILIE,  representing himself from Anchorage,  testified in                                                               
opposition to the  confirmation of Mr. Ross  as attorney general.                                                               
Constitutional rights  will be under  attack if he  is confirmed,                                                               
he warned.                                                                                                                      
                                                                                                                                
6:20:50 PM                                                                                                                    
PAGE  HODSON,  representing  herself,  said she  will  relate  an                                                               
experience she  had several  years ago.  Several years  ago after                                                               
passage  of a  law addressing  custody issues  and protection  of                                                               
domestic  violence victims,  she helped  organize a  co-sponsored                                                               
panel  discussion  at UAA  on  which  Wayne  Anthony Ross  was  a                                                               
presenter. Ms.  Hodson said she  found the views he  expressed to                                                               
be quite sexist.  The implication was that  domestic violence was                                                               
on the  rise because  the equal  rights movement  had emasculated                                                               
men.   Therefore,  they   beat  their   wives.  Furthermore,   he                                                               
insinuated that  there wasn't  a lot  of real  domestic violence;                                                               
women  were  simply lying  and  fabricating  claims in  order  to                                                               
position themselves  for custody. "I just  found those statements                                                               
to be extremely  sexist and the reaction in the  audience and the                                                               
room  was similar,"  Ms.  Hodson said.  She  noticed on  "Craig's                                                               
Daily News" that  a couple of other people had  commented and had                                                               
a  similar recollection  of the  events. She  thought she  should                                                               
pass  this  along,  particularly  because  of  the  incidence  of                                                               
domestic violence  and sexual assault  in the state.  As attorney                                                               
general  Mr. Ross  would have  an influence  on interpreting  the                                                               
law.  "I just  think that  that is  not someone  who is  going to                                                               
represent half our population, which is women." Ms. Hodson said.                                                                
                                                                                                                                
CHAIR  FRENCH  asked if  she  recalls  the approximate  year  the                                                               
conference took place.                                                                                                          
                                                                                                                                
MS. HODSON responded  the bill became effective in  July 2004 and                                                               
the  panel   discussion  took  place  around   domestic  violence                                                               
awareness month,  which is October.  The year was either  2004 or                                                               
2005. Between 75 and 100 people attended.                                                                                       
                                                                                                                                
CHAIR FRENCH asked her role in the conference.                                                                                  
                                                                                                                                
MS. HODSON replied she founded  a grass roots group called Alaska                                                               
Moms for Custodial Justice. She asked  UAA to do a screening on a                                                               
documentary that had come out on  those issues and to discuss the                                                               
legislation.  She helped  get things  organized and  provided the                                                               
documentary film.                                                                                                               
                                                                                                                                
CHAIR FRENCH asked  is she is speaking on behalf  of herself or a                                                               
group.                                                                                                                          
                                                                                                                                
MS.  HODSON replied  she is  speaking on  her own  behalf and  is                                                               
giving her recollections.                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  there  was  a recording  of  the                                                               
discussion.                                                                                                                     
                                                                                                                                
MS.  HODSON replied  she doesn't  know.  Professor Sharon  Irozzy                                                               
(ph) had done a study on the issues  and she helped to put on the                                                               
discussion. She has  since taken a position at  the University of                                                               
Colorado and would be the person to contact.                                                                                    
                                                                                                                                
6:24:00 PM                                                                                                                    
DEBORAH BURLINSKI, representing herself,  stated that she doesn't                                                               
support Wayne Anthony  Ross for the position  of attorney general                                                               
because  she doesn't  believe he  supports the  constitution. She                                                               
related  that  Mr.  Ross represented  pro  bono  individuals  who                                                               
poured water on  some people near Kenai who  were exercising free                                                               
speech and  protesting the war.  "I understand that  lawyers take                                                               
all kind of cases,  but when you take the case  for free it means                                                               
to  me that  you  support the  position."  Ms. Burlinski  further                                                               
noted  that it's  her  understanding that  Mr.  Ross applied  for                                                               
Alaska  judgeships   several  times  and   received  unacceptable                                                               
ratings.  "He  does represent  extreme  viewpoints;  he does  not                                                               
represent mainstream Alaska in my opinion  and I urge you to vote                                                               
no on his appointment," Ms. Burlinski said.                                                                                     
                                                                                                                                
6:25:37 PM                                                                                                                    
WILLIE  ANDERSON,  representing   PFLAG  (Parents,  Families  and                                                               
Friends of  Lesbians and Gays)  of Juneau, said he  is testifying                                                               
in  opposition  to the  confirmation  of  Wayne Anthony  Ross  as                                                               
attorney  general.  Mr.  Ross  has  made  statements  about  gay,                                                               
lesbian,  and bisexual  people. "I  happen to  be a  parent of  a                                                               
lesbian daughter; I  do not believe Mr. Ross  would represent her                                                               
legal  rights  in  this  state  of  Alaska  if  he  was  attorney                                                               
general."  The  Alaska  Supreme Court  has  ruled  that  domestic                                                               
benefits for  same sex couples is  legal in this state.  Mr. Ross                                                               
would be  required to  support that law  yet his  statements have                                                               
been contrary so how would  he support those rights? Mr. Anderson                                                               
asked. "Please vote no on Mr. Ross."                                                                                            
                                                                                                                                
JAY STEVEN  REESE, representing himself  from Juneau, said  he is                                                               
alarmed  at  many  of  the  statements Mr.  Ross  has  made.  His                                                               
demonstrated hatred for  anyone other than his own  race, sex and                                                               
gender reflect an  inability to be impartial in  judging the law.                                                               
"I just wanted to express  my opposition to his appointment," Mr.                                                               
Reese said.                                                                                                                     
                                                                                                                                
ALFRED  MCKINLEY  said  he  is representing  ANB  and  ANS  Camps                                                               
throughout Alaska.  "We simply oppose  Mr. Ross's  appointment as                                                               
attorney general  because of [his] position  on subsistence." Mr.                                                               
McKinley said he  grew up in Alaska and  knows discrimination. It                                                               
hurts. If Mr.  Ross is appointed he will divide  the people. That                                                               
isn't what we need; we need to work together, he said.                                                                          
                                                                                                                                
6:33:22 PM                                                                                                                    
BRIAN  JUDY, Alaska  Liaison, National  Rifle Association  (NRA),                                                               
Anchorage, said he is speaking on  behalf of the thousands of NRA                                                               
members in  strong support of  the confirmation of  Wayne Anthony                                                               
Ross  as  attorney general.  The  right  to  bear arms  and  self                                                               
defense  are fundamental  rights and  few issues  are of  greater                                                               
importance  to Alaskans.  Based  on Mr.  Ross's  passion for  the                                                               
Second Amendment, Alaskans  can rest assured that  they will have                                                               
a consistent  defender in the  attorney general's office.  He has                                                               
listened  to some  of  the  other testimony  -  that on  domestic                                                               
violence in  particular - and  he finds it impossible  to believe                                                               
that Mr. Ross  would coddle any kind of criminal.  He said he has                                                               
known Mr. Ross for more than 20  years and he's found him to be a                                                               
man  of strong  character  and great  integrity.  Mr. Ross  loves                                                               
Alaska  and  will have  its  best  interest  as  one of  his  top                                                               
priorities. "On behalf  of NRA members [I] urge  your support for                                                               
the confirmation  of Wayne Ross  for attorney general,"  Mr. Judy                                                               
said.                                                                                                                           
                                                                                                                                
6:34:57 PM                                                                                                                    
Finding no  further testimony, Chair French  adjourned the Senate                                                               
Judiciary Standing Committee at 6:34 pm.                                                                                        

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