Legislature(2011 - 2012)BUTROVICH 205
03/14/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation: Michael C. Geraghty, Attorney General of the State of Alaska | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 14, 2012
1:31 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator Lesil McGuire
Senator John Coghill
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION: MICHAEL C. GERAGHTY~ ATTORNEY GENERAL OF THE STATE
OF ALASKA
- CONFIRMATION ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
MICHAEL GERAGHTY, Attorney General Designee
Department of Law (DOL)
Anchorage, AK
POSITION STATEMENT: Designee for the position of Attorney
General of the State of Alaska.
ACTION NARRATIVE
1:31:59 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Coghill, McGuire, Paskvan, Wielechowski, and
Chair French.
^CONFIRMATION: Michael C. Geraghty, Attorney General of the
State of Alaska
1:32:13 PM
CHAIR FRENCH announced the business before the committee would
be a confirmation hearing for the Attorney General, Michael
Geraghty. This is one of the more serious tasks that the
committee undertakes and one of the more powerful individuals
the governor will appoint. Alaska has an appointed attorney
general not an elected one and every few years there is interest
in changing the system. He said he entertained that idea until
he discussed the idea with the late Tom Stewart "who affixed my
mind on that subject and I haven't changed it since then."
He expressed hope that Mr. Geraghty would serve longer than the
recent average of less than two years. He relayed that he
provided a list of questions to the attorney general for the
purpose eliciting interesting policy discussions. He welcomed
Attorney General Geraghty.
1:34:23 PM
MICHAEL GERAGHTY, Attorney General Designee, noted that his
professional credentials were provided earlier. He said he was
born and raised in Fairbanks and learned the value of
friendship, loyalty, and collaboration from his father. He
carried that into his professional life and has practiced with
the same law firm for 33 years. He expressed gratitude for the
opportunity to represent the state.
1:36:01 PM
CHAIR FRENCH asked who he represents as attorney general.
ATTORNEY GENERAL GERAGHTY replied, "Technically, my role is to
give the governor the best possible legal advice I can, and the
best possible legal advice to the other executive agencies."
CHAIR FRENCH asked him to discuss the biggest challenge facing
the Criminal Division, of the Department of Law (DOL),
specifically addressing sex assault, sex abuse, whether
prosecutions are increasing, and new ideas to combat this
scourge of the state.
ATTORNEY GENERAL GERAGHTY said the biggest challenge is to keep
good people in the job beyond five years and the Chair had good
suggestions for reaching out to prosecutors to express
appreciation for their work.
He described domestic violence and sexual assault as a scourge
and embarrassment to society, and said he's truly impressed with
the Choose Respect Initiative and the laser-like focus the
governor has brought to bear on the issue. He pledged to take
this very seriously and noted referrals and prosecutions have
increased in the last several years. He specifically mentioned
Dillingham, Anchorage, and Bethel and suggested there was room
for improvement in tracking domestic violence since it is often
a component of a more serious crime.
1:41:14 PM
CHAIR FRENCH said this is an area on which he and the governor
are in complete agreement. The entire committee appreciates the
efforts the administration is putting into this area.
He asked him to discuss the single biggest challenge facing the
Civil Division.
ATTORNEY GENERAL GERAGHTY said he wouldn't prioritize one area
over another because they're all important. He mentioned the
endangered species cases, the state federal relationship cases,
and the Outer Continental Shelf oil and gas litigation and
expressed appreciation that the division had excellent attorneys
with expertise in these areas. He spoke of looking with fresh
eyes to independently evaluate what and how things were being
done, but that he didn't have any silver bullets.
He committed to reexamine what the department was doing in both
the criminal and civil division to see if there were more
effective ways to do business.
CHAIR FRENCH noted the recent state challenges under the
Endangered Species Act that failed, and asked if he anticipated
that more would be brought given that track record.
ATTORNEY GENERAL GERAGHTY said the short answer is yes. The
Endangered Species Act relies on modeling that deprives Alaskans
of their livelihoods. The Stellar sea lion is a good example and
it definitely has to be appealed. He intended to keep fighting
the fight and wouldn't be dissuaded from going ahead with cases
that have merit.
1:46:36 PM
CHAIR FRENCH said recent news articles discussed an Alaska
Department of Fish and Game (ADF&G) initiative that gave special
hunting privileges to some private landowners. The Alaska
Constitution provides that all state resources, including
wildlife, are "reserved to the people for common use." He asked
his thoughts on the constitution's provision of common use
versus the provision of special hunting permits for landowners.
ATTORNEY GENERAL GERAGHTY cited the lottery permit to hunt bison
in the Delta area and opined that it advances the state's goal
under Article 8 when a private landowner opens his private
property to hunting for a period of time. He described it as a
win-win situation if the landowner can get a special permit in
exchange for that.
1:49:36 PM
CHAIR FRENCH turned his attention to tribes and Native
sovereignty. He relayed that at the 2012 Crime Summit Walt
Monegan, the CEO of the Alaska Native Justice Center, brought up
the difficult issue of providing justice to small rural
communities and villages that aren't served by VPSOs, Troopers,
or the court system. He suggested a pilot project to create
tribal or community courts in these villages. He questioned his
view of that idea and asked him to include in his answer recent
cases involving Native sovereignty with respect to the state and
civil court orders such as child support.
ATTORNEY GENERAL GERAGHTY said he intended to keep an open mind,
but he would be conservative. The state has to respect that
people are trying to do the right thing in their communities
when there isn't a state presence, but it's also important to
respect the due process rights afforded to citizens. He said
the state typically has not given tribes criminal jurisdiction,
but it certainly gives full faith and credit to a tribal court
order in Indian Child Welfare Act (ICWA) proceedings. The Alaska
Supreme Court affirmed that in the Tanana case. John v. Baker
will continue to be the law of the land in limited narrow areas
unless Congress changes that jurisdiction. He reiterated his
intention to keep an open mind.
1:53:58 PM
SENATOR MCGUIRE asked how he used AG opinions in his private
practice, and how he intended to use them as the Attorney
General.
ATTORNEY GENERAL GERAGHTY replied his experience with them in
private practice was limited, and he hadn't had occasion to
issue one thus far. He said his general philosophy is to be
conservative, and not-reactive, and he intends to be measured
and deliberate in deciding whether to issue an opinion. He would
be averse to using them unnecessarily as a vehicle for policy,
but they are appropriate for providing guidance to citizens or
companies seeking to do commerce in the state.
SENATOR MCGUIRE asked if he heard Chief Justice Walter
Carpeneti's recent State of the Judiciary speech, and if he had
any thoughts on presumptive sentencing.
ATTORNEY GENERAL GERAGHTY replied it was an excellent speech and
he raised very legitimate issues about the lack of discretion
judges are afforded under presumptive sentencing. He relayed
that both the state and federal government enacted presumptive
sentencing some 30-40 years ago as a backlash to lenient judges,
but it puts a lot of people in prison that may not belong there.
He said the speech resonated and he believes it's time to review
presumptive sentencing.
2:00:03 PM
SENATOR MCGUIRE asked if he had considered getting involved with
the national organizations for state attorneys general, and how
he wanted to be remembered in for his time in service as
Attorney General for the State of Alaska.
ATTORNEY GENERAL GERAGHTY said he attended the National
Association of Attorneys General (NAG) meeting last week, and
will host the summer meeting. He relayed that he met with
Secretary Salazar (a former AG) and he hopes to continue to meet
people at that level to find out how things are done in other
jurisdictions and potentially do things better in the
department. He wants to be remembered as a good father and a
good husband and for having the best job possible as Attorney
General.
2:03:04 PM
SENATOR PASKVAN conveyed his high regard and good wishes for a
successful term in office. He asked him to discuss the Point
Thomson legal issues, and more generally the duty that North
Slope leaseholders have to actually explore, develop, and
produce.
ATTORNEY GENERAL GERAGHTY said the Point Thomson case was argued
shortly after he took the position and the die was fairly well
cast. He said he agrees that the leases are contracts that
should be enforced but the litigation has been ongoing for five
years and isn't a slam dunk. He reviewed the older and newer
leases and found they contain some loaded terms like reasonable
and prudent operator and reasonable profit. He offered his
belief that the Department of Natural Resources (DNR) has some
leeway to influence development through the plan of development
process, but otherwise Point Thomson could be an exception. He
said he was cautious but was willing to look at specific facts
or circumstances that might be brought to his attention.
2:08:12 PM
SENATOR WIELECHOWSKI noted that the new leases have a specific
provision that says there is a duty to produce when the
companies can make a reasonable profit. He asked how he would
define a "reasonable profit."
ATTORNEY GENERAL GERAGHTY replied he didn't know that he was
qualified to opine about what a reasonable and prudent operator
does, and he wasn't sure that any of the committee members were
qualified to make the judgment either. Nevertheless, the leases
are an enforceable agreement and he had no qualms about
enforcing them in the proper circumstances. Point Thomson is a
prime example.
SENATOR WIELECHOWSKI relayed that the old standard is a
"reasonable and prudent operator" that considers both the lessee
and lessor, whereas the newer leases specifically say there has
to be production development when the companies can make a
reasonable profit. He asked if he had any thoughts as to the
meaning of "reasonable profit," and if he would hire experts to
analyze a case that had facts about profit and high rates of
return.
ATTORNEY GENERAL GERAGHTY replied he would go to the Division of
Oil and Gas for the essentials and the Department of Revenue may
have insights as well. Although he wouldn't rush to retain
outside expertise, he would do so if it was prudent.
2:13:05 PM
SENATOR WIELECHOWSKI questioned whether it might be a better
practice for DOL and DNR to write lease terms that are more
easily understood by all parties so as to avoid future lengthy
litigation.
ATTORNEY GENERAL GERAGHTY replied there are upsides and
downsides to too much flexibility and too much specificity, but
litigating to prosperity is not a good goal. To some extent,
Point Thomson proves it's not sound policy.
SENATOR WIELECHOWSKI agreed that litigation is a last resort,
but at some point the state has to act as a sovereign and demand
the lessee fulfill the terms of the lease. On the North Slope 25
percent of the leases are sitting idle. Point Thomson, the
largest undeveloped oil and gas reserve in North America, has
been sitting for 30 years through 23 plans of development.
Sometimes litigation is necessary.
ATTORNEY GENERAL GERAGHTY agreed that the state waited long
enough on Point Thomson, and added the caution that things are
never as clear cut as one would like to think.
2:17:51 PM
CHAIR FRENCH said he and Senator Wielechowski have wondered if
the same idea carries over to the North Slope in general. He
urged him to think about whether there is a threshold upon which
the state can rely to tell the industry it isn't developing its
leases when it could make a reasonable profit here.
ATTORNEY GENERAL GERAGHTY responded that it's difficult to
answer in the abstract, but he is cautionary.
CHAIR FRENCH urged him to think about whether the language in
the leases that could be structured differently so as to form a
better business relationship. It doesn't have to be a courtroom
experience if it's structured right in the first place, he said.
ATTORNEY GENERAL GERAGHTY said fair enough.
2:19:55 PM
CHAIR FRENCH asked him to review for the record where he went to
law school and other personal background.
ATTORNEY GENERAL GERAGHTY relayed that he graduated from the
University of Santa Clara Law School in 1978, and he began
practice with a firm that has offices in both Fairbanks and
Anchorage. About 20 years ago they parted company.
CHAIR FRENCH asked what kinds of cases he did.
ATTORNEY GENERAL GERAGHTY listed examples of civil litigation
and trial work, and said it taught him the value of open
communication and avoiding litigation and trials.
CHAIR FRENCH asked if he'd done any criminal defense work.
ATTORNEY GENERAL GERAGHTY said not typically, but in the 90s he
represented a Native corporation subsidiary that was indicted
for a homicide on the North Slope.
2:25:57 PM
SENATOR COGHILL expressed concern that the DOL sometimes gets a
little myopic when it represents other departments. He also
expressed interest in closing any gaps in the privacy laws,
particularly personal information that is stored in databases.
ATTORNEY GENERAL GERAGHTY said he takes the constitutional right
to privacy very seriously. With regard to the first point, he
said DOL tries to be perfect and isn't, but he'd like any
specific concerns brought to his attention.
SENATOR WIELECHOWSKI thanked the attorney general for his prompt
response when that his office contacted him regarding Transfer
of Responsibilities Agreement (TORA) agreements. His
constituents were very pleased.
ATTORNEY GENERAL GERAGHTY shared credit with his predecessor and
invited other members of the committee to bring issues forward.
2:29:31 PM
CHAIR FRENCH asked if he would follow up on a question that was
raised in a letter to Dan Sullivan when he was attorney general.
The letter asked whether marine pilotage laws would apply in the
new development areas in the Beaufort and Chukchi seas beyond
the three mile limit.
ATTORNEY GENERAL GERAGHTY agreed to follow up.
CHAIR FRENCH found no further questions or comments and asked
for a motion.
2:30:43 PM
SENATOR WIELECHOWSKI moved to forward the name Michael C.
Geraghty to a joint session for consideration with the
understanding that it does not reflect an intent by any of the
members to vote for or against the confirmation of Mr. Geraghty.
CHAIR FRENCH announced that without objection, Mr. Geraghty's
name would be forwarded.
2:31:09 PM
There being no further business to come before the committee,
Chair French adjourned the meeting at 2:31 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Lynn Willis Testimony.pdf |
SJUD 3/14/2012 1:30:00 PM |
Written testimony Attorney General confirmation |