Legislature(2019 - 2020)BELTZ 105 (TSBldg)

03/06/2019 01:30 PM JUDICIARY

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01:32:21 PM Start
01:33:15 PM Confirmation Hearing(s):
03:15:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
- Alaska Judicial Council - Dave Parker
- Board of Governors of the Alaska Bar -
Jedediah Cox
- Commission of Judicial Conduct - Trevor Shaw
- Violent Crimes Compensation Board - John
Francis
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 34 PROBATION; PAROLE; SENTENCES; CREDITS TELECONFERENCED
Scheduled but Not Heard
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 6, 2019                                                                                          
                           1:32 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Lora Reinbold, Vice Chair                                                                                               
Senator Mike Shower                                                                                                             
Senator Peter Micciche                                                                                                          
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Alaska Judicial Council                                                                                                       
David Parker - Wasilla                                                                                                          
                                                                                                                                
     CONFIRMATION ADVANCED                                                                                                      
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                          
Jedidiah Cox - Anchorage                                                                                                        
                                                                                                                                
     CONFIRMATION ADVANCED                                                                                                      
                                                                                                                                
Alaska Commission on Judicial Conduct                                                                                         
Trevor Shaw - Ketchikan                                                                                                         
                                                                                                                                
     CONFIRMATION ADVANCED                                                                                                      
                                                                                                                                
Violent Crimes Compensation Board                                                                                             
John Francis - Wasilla                                                                                                          
                                                                                                                                
     CONFIRMATION ADVANCED                                                                                                      
                                                                                                                                
SENATE BILL NO. 34                                                                                                              
"An Act  relating to  probation; relating  to a  program allowing                                                               
probationers to  earn credits for  complying with  the conditions                                                               
of  probation;  relating  to   early  termination  of  probation;                                                               
relating to  parole; relating to  a program allowing  parolees to                                                               
earn  credits  for  complying  with  the  conditions  of  parole;                                                               
relating to early termination of  parole; relating to eligibility                                                               
for discretionary  parole; relating  to good time;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAVE PARKER, Appointee                                                                                                          
Alaska Judicial Council                                                                                                         
Alaska Court System                                                                                                             
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:   Testified  as  appointee  to   the  Alaska                                                             
Judicial Council.                                                                                                               
                                                                                                                                
JEDEDIAH COX, Appointee                                                                                                         
Board of Governors of the Alaska Bar                                                                                            
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:  Testified  as  appointee to  the  Board  of                                                             
Governors of the Alaska Bar.                                                                                                    
                                                                                                                                
TREVOR SHAW, Appointee                                                                                                          
Alaska Commission on Judicial Conduct                                                                                           
Alaska Court System                                                                                                             
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to  the Commission on                                                             
Judicial Conduct.                                                                                                               
                                                                                                                                
JOHN FRANCIS, Appointee                                                                                                         
Violent Crimes Compensation Board (VCCB)                                                                                        
Department of Administration                                                                                                    
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified as  appointee to the Violent Crimes                                                             
Compensation Board.                                                                                                             
                                                                                                                                
JEFF LANDFIELD, representing self                                                                                               
The Alaska Landmine                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT: Testified  against  testimony  given by  Mr.                                                             
Shaw  during  the  confirmation hearing  regarding  Trevor  Shaw,                                                               
appointee to the Violent Crimes Compensation Board.                                                                             
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:21 PM                                                                                                                    
CHAIR  SHELLEY  HUGHES  called   the  Senate  Judiciary  Standing                                                             
Committee meeting  to order at 1:32  p.m. Present at the  call to                                                               
order were Senators Reinbold, Shower,  and Chair Hughes. Senators                                                               
Kiehl and Micciche joined shortly thereafter.                                                                                   
                                                                                                                                
CHAIR HUGHES made opening remarks.                                                                                              
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
                    CONFIRMATION HEARING(S):                                                                                
                    Alaska Judicial Council                                                                                 
              Board of Governors of the Alaska Bar                                                                          
                 Commission on Judicial Conduct                                                                             
               Violent Crimes Compensation Board                                                                            
                                                                                                                              
1:33:15 PM                                                                                                                  
CHAIR HUGHES announced that the  first order of business would be                                                               
Confirmation  Hearings  for  appointees to  the  Alaska  Judicial                                                               
Council, Board  of Governors, Alaska Bar  Association, Commission                                                               
on Judicial Conduct, and the Violent Crimes Compensation Board.                                                                 
                                                                                                                                
1:34:45 PM                                                                                                                    
CHAIR  HUGHES  began  with  the  confirmation  hearing  for  Dave                                                               
Parker, appointee  to the Alaska  Judicial Council.  She reviewed                                                               
the mission  of the Alaska  Judicial Council, which is  to screen                                                               
and  nominate judicial  applicants, evaluate  the performance  of                                                               
judges  and  make   evaluation  information  and  recommendations                                                               
available   to  the   voters,  and   conduct  studies   and  make                                                               
recommendations to improve the administration of justice.                                                                       
                                                                                                                                
1:35:42 PM                                                                                                                    
DAVE  PARKER, Appointee,  Alaska Judicial  Council, Alaska  Court                                                               
System,  Wasilla,  stated he  has  served  for  18 years  at  the                                                               
Anchorage  Police  Department  (APD), primarily  as  a  detective                                                               
working  on the  crimes against  children and  on sexual  assault                                                               
cases. He  was responsible  for the restart  of the  SART [Sexual                                                               
Assault Response Team]  with the Department of  Health and Social                                                               
Services (DHSS). He oversaw the  crimes against children unit and                                                               
helped develop  a multi-disciplinary  center in  conjunction with                                                               
the  Municipality  of Anchorage  and  Providence  Hospital. As  a                                                               
lieutenant, he  oversaw crimes against children,  sexual assault,                                                               
cybercrimes,  and  vice  units.  He also  served  as  the  public                                                               
information officer  for the  Anchorage Police  Department (APD).                                                               
During his  time at APD,  he served  on the STAR  [Stand Together                                                               
Against Rape  (STAR)] board, the  Victims for Justice  Board, and                                                               
on  other boards.  He said  that he  has had  significant contact                                                               
with  the judiciary.  In 2013,  after retiring  from APD,  he was                                                               
appointed by  Governor Parnell  to serve  on the  Alaska Judicial                                                               
Council (AJC).  He has served on  the AJC for the  last six years                                                               
under  three  different  Alaska  Supreme  Court  chief  justices,                                                               
including  Dana   Fabe,  Craig  Stowers,  and   Joel  Bolger.  He                                                               
characterized the work of the  council as extremely important. He                                                               
is  committed to  ensuring that  Alaska  has a  fair and  capable                                                               
judiciary that follows the law.                                                                                                 
                                                                                                                                
1:38:26 PM                                                                                                                    
SENATOR  SHOWER  asked  whether  Alaska  Judicial  Council  (AJC)                                                               
members  should recuse  themselves  from  commenting on  proposed                                                               
legislation,  given   the  separation   of  powers   between  the                                                               
executive, legislative,  and judicial branches, especially  if it                                                               
would affect the judiciary.                                                                                                     
                                                                                                                                
MR. PARKER responded  that he has been  thoroughly impressed with                                                               
the  slate of  candidate  that the  Alaska  Judicial Council  has                                                               
considered. He has found candidates  to be very hesitant to speak                                                               
on ongoing  legislation or legislation  that has  passed. Rather,                                                               
these  candidates have  explained how  specific legislation  will                                                               
affect the judiciary.  He reiterated that most  of the candidates                                                               
are  very  careful not  to  cross  that  line and  recognize  the                                                               
separation of powers.                                                                                                           
                                                                                                                                
1:40:15 PM                                                                                                                    
CHAIR HUGHES said she appreciated  his service and willingness to                                                               
continue  to serve.  She remarked  on  his depth  and breadth  of                                                               
experience.  She   asked  whether   he  would  explain   how  his                                                               
experience has helped him in his role.                                                                                          
                                                                                                                                
MR. PARKER said  justice must be tempered with mercy.  He and his                                                               
wife were teachers in Washington but  went to Yemen in the 1970s.                                                               
When he returned  to the U.S., he became an  associate pastor and                                                               
studied at  Western Seminary  in Portland.  He earned  a master's                                                               
degree, then  traveled to France,  and later the Ivory  Coast. He                                                               
said  his  travels have  given  him  experience interacting  with                                                               
other cultures and people with a  different point of view. It has                                                               
made it  possible for  him to  have a  vast range  of experiences                                                               
that have enriched his life, he said.                                                                                           
                                                                                                                                
CHAIR  HUGHES remarked  that  he  has been  a  pastor  and a  law                                                               
enforcement  officer. She  asked  the reason  for  his desire  to                                                               
serve in law enforcement.                                                                                                       
                                                                                                                                
MR. PARKER  answered that he likes  to help people see  the error                                                               
of  their ways,  so it  seemed  as though  he was  moved to  that                                                               
direction.  He said  that he  applied  for a  post to  Anchorage,                                                               
hoping to serve  as a chaplain. Instead, he  gravitated to crimes                                                               
against  children  and  became  a specialist  in  the  field.  He                                                               
characterized his  role as  a good pathway  to help  people solve                                                               
problems.                                                                                                                       
                                                                                                                                
1:44:20 PM                                                                                                                    
SENATOR SHOWER  turned to the  topic of accusations in  the press                                                               
that  judicial activism  occurs. He  said that  two of  the three                                                               
branches   of  government,   [the   executive   branch  and   the                                                               
legislative branch,] are accountable  to the people since members                                                               
are elected by  the people. However, the judiciary  does not have                                                               
the same process  since judges are not elected.  He asked whether                                                               
he  would  be  willing  to   ask  judicial  applicants  the  hard                                                               
questions  about the  difference  between  judicial activism  and                                                               
interpreting  the  Constitution  of   the  State  of  Alaska.  He                                                               
emphasized  the importance  to do  so since  the Alaska  Judicial                                                               
Council provides a "cross check" for the public.                                                                                
                                                                                                                                
MR. PARKER responded that the  separation of powers is guaranteed                                                               
by the  Constitution of the State  of Alaska. He agreed  that the                                                               
judiciary should not cross that  line nor should the executive or                                                               
legislative  branches  of  government.  He is  attuned  to  those                                                               
concerns and  emphasized the need  to have judges who  follow the                                                               
law but  do not  make the  law. He  acknowledged that  people are                                                               
frustrated  when they  think  that federal  or  state judges  are                                                               
doing so  and hoped  that the  council [Alaska  Judicial Council]                                                               
would  impress this  upon judicial  candidates. In  addition, the                                                               
AJC  also reviews  and evaluates  the performance  of judges  and                                                               
recommends  retention  or  non-retention. He  characterized  this                                                               
process  as  an important  cross  check.  He indicated  that  the                                                               
framers of the  Constitution of the State of  Alaska were forward                                                               
thinking by placing it in  the constitution. He acknowledged that                                                               
much of the job entails  reviewing what law enforcement officers,                                                               
probation  officers,  jurors,  and   attorneys  state  about  the                                                               
performance of  individual judges. He characterized  that process                                                               
as providing another cross check, which the AJC takes seriously.                                                                
                                                                                                                                
1:47:46 PM                                                                                                                    
CHAIR  HUGHES turned  to the  confirmation  hearing for  Jedediah                                                               
Cox, appointee to  the Board of Governors of the  Alaska Bar. She                                                               
reviewed the composition of the  Board of Governors of the Alaska                                                               
Bar and gave an overview of  the Alaska Bar Association. She said                                                               
that  the Alaska  Bar  Association has  over  4,000 members.  The                                                               
Alaska  Bar  is  governed  by  a Board  of  Governors  with  nine                                                               
attorneys  elected by  the membership  and  three public  members                                                               
appointed by the  governor. The Alaska Bar is  responsible to the                                                               
Alaska Supreme  Court for the  admission and  discipline process.                                                               
The  Alaska  Bar also  provides  continuing  legal education  and                                                               
other member services.                                                                                                          
                                                                                                                                
[The Board of  Governors is made up of 12  members, three of whom                                                               
are  non-attorneys  appointed  by  the governor  and  subject  to                                                               
legislative confirmation. The remaining  nine seats are filled by                                                               
the Alaska  Bar Association (ABA).  Two of the  members appointed                                                               
by  the  ABA  are  required  to be  from  Alaska's  1st  judicial                                                               
district, four  from Alaska's 3rd judicial  district, and another                                                               
two from the  2nd or 4th judicial districts. The  final member of                                                               
the board can be from anywhere in the state.]                                                                                   
                                                                                                                                
[The board  governs the Alaska  Bar Association,  administers the                                                               
bar exam,  approves and recommends rules  concerning the practice                                                               
of  law  in  Alaska  to  the  [Alaska]  Supreme  Court,  provides                                                               
disciplinary action  for the ABA,  and provides  continuing legal                                                               
education and membership services.]                                                                                             
                                                                                                                                
1:48:25 PM                                                                                                                    
JEDEDIAH COX,  Appointee, Board of  Governors of the  Alaska Bar,                                                               
Anchorage, stated he  is humbled to be considered  for the public                                                               
seat.   He   volunteered   for  this   board   because   of   the                                                               
responsibility  to  remain faithful  to  the  ideals of  Alaska's                                                               
predecessors,  including self-sacrifice  and  public service  for                                                               
the common good. He offered  his belief that his experience makes                                                               
him  a  great candidate  for  the  board.  He  has served  as  an                                                               
educator for  ten years  in the public  and private  sectors. The                                                               
community work he  did for the University of  Montana, serving on                                                               
its  Academic  Standards  Review   Committee  and  the  State  of                                                               
Montana, Office  of the Commission  of Higher  Education, General                                                               
Education Committee,  and as a  professor allowed him to  work on                                                               
state  policy  and  university bylaws,  and  to  review  academic                                                               
performance. He  offered his  belief that  he brings  forward the                                                               
values  of  honesty,  hard work,  courage,  fairness,  tolerance,                                                               
patriotism, and a willingness to listen and learn.                                                                              
                                                                                                                                
1:49:55 PM                                                                                                                    
SENATOR KIEHL related  that the Board of Governors  of the Alaska                                                               
Bar  sets continuing  education  requirements  for attorneys.  He                                                               
asked if  he had  suggestions on any  improvements on  initial or                                                               
ongoing educational requirements for the legal profession.                                                                      
                                                                                                                                
MR.  COX responded  that it  takes  time to  review and  consider                                                               
curriculum  since curriculum  evaluation is  complex. He  said it                                                               
took  three years  for Montana  to revise  its general  education                                                               
curriculum. The  process would require  discussions among  all of                                                               
the   stakeholders,  including   universities,  the   Alaska  Bar                                                               
association, student bodies, and the public, he said.                                                                           
                                                                                                                                
SENATOR KIEHL  agreed a  thorough review  is important.  He asked                                                               
him to explain his general approach.                                                                                            
                                                                                                                                
MR. COX related  that Alaska falls within the  standards for most                                                               
of the  other states and  it has a  uniform bar exam.  He offered                                                               
his  belief   that  Alaska's   reciprocity  agreement   is  quite                                                               
reasonable.  He pointed  out that  Alaska does  not have  any law                                                               
school,  so its  applicants have  graduated from  law schools  in                                                               
other states.                                                                                                                   
                                                                                                                                
1:52:31 PM                                                                                                                    
SENATOR MICCICHE  said he noticed  Mr. Cox currently serves  as a                                                               
local  community  specialist at  the  Division  of Community  and                                                               
Regional Affairs. He asked whether  a state employee can serve on                                                               
a state board.                                                                                                                  
                                                                                                                                
MR.  COX  said he  would  research  it  and  report back  to  the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR MICCICHE  said he  would like to  know. He  recalled that                                                               
legislators  cannot  serve  in some  capacities  [on  boards  and                                                               
commissions] unless it  is considered a duty  of the legislature.                                                               
He  was  unsure  if  that  restriction  also  extended  to  state                                                               
employees.                                                                                                                      
                                                                                                                                
CHAIR  HUGHES asked  if there  was  a problem  with him  serving,                                                               
whether he  would withdraw his  name or  if he would  resign from                                                               
his  state  job.  She  acknowledged  he may  need  more  time  to                                                               
consider.                                                                                                                       
                                                                                                                                
MR. COX agreed he would need  more time to make that decision. He                                                               
offered his belief that serving  as a local government specialist                                                               
was a positive. In his job,  he is assigned to 53 communities, he                                                               
said.  Recently,  he  was  able  to  pass  on  Federal  Emergency                                                               
Management  Agency (FEMA)  information and  work with  the Alaska                                                               
Bar  Association to  provide  pro bono  legal  services for  low-                                                               
income survivors of the November 30, 2018 earthquake.                                                                           
                                                                                                                                
1:55:07 PM                                                                                                                    
SENATOR SHOWER  asked for his  view of the separation  of powers,                                                               
given that the  state gives power to the judicial  system and the                                                               
level of  accountability he  would use to  ensure that  the third                                                               
branch of government holds itself to the highest standards.                                                                     
                                                                                                                                
MR. COX responded  that he is interested  in disciplinary action.                                                               
He  said he  has always  been  insistent that  people follow  the                                                               
rules. He  said that  it is important  to ensure  that guidelines                                                               
are  followed for  any infraction  of rules.  He agreed  that the                                                               
separation  of  powers  exists  for  a reason  and  needs  to  be                                                               
strictly followed.                                                                                                              
                                                                                                                                
SENATOR  SHOWER  asked  the  record to  reflect  whether  he  was                                                               
willing to ask  judicial applicants hard questions  and hold them                                                               
accountable.                                                                                                                    
                                                                                                                                
MR. COX agreed he is willing  to do so. He related his experience                                                               
in South  Korea to  help modernize  the education  system. During                                                               
his  time in  Montana, he  was the  lone student  member for  the                                                               
University  of  Montana  and  was  successful  in  asserting  his                                                               
position against  adopting proposed general  education curriculum                                                               
requirements.                                                                                                                   
                                                                                                                                
1:58:43 PM                                                                                                                    
CHAIR HUGHES  asked for further  clarification on  his experience                                                               
with the Vietnam Banking Academy and to explain the acronym.                                                                    
                                                                                                                                
MR. COX said that the  Vietnam Banking Academy, "ITP" referred to                                                               
the  International Training  Program. He  said he  served as  the                                                               
English lecturer  and he also provided  some business instruction                                                               
to students.                                                                                                                    
                                                                                                                                
CHAIR HUGHES thanked him for his willingness to serve.                                                                          
                                                                                                                                
1:59:38 PM                                                                                                                    
CHAIR HUGHES turned to the  confirmation hearing for Trevor Shaw,                                                               
appointee  to  the Alaska  Commission  on  Judicial Conduct.  She                                                               
reviewed the  Alaska Commission on  Judicial Conduct,  stating it                                                               
was  created by  amendment to  the Constitution  of the  State of                                                               
Alaska  in 1968.  The commission  is comprised  of three  judges,                                                               
three attorneys who have practiced law  in the state for at least                                                               
ten  years, and  three  members of  the  public. This  commission                                                               
addresses   problems   of   judicial  conduct   and   disability.                                                               
Complaints  alleging  judicial misconduct  can  be  filed by  any                                                               
person, she said.                                                                                                               
                                                                                                                                
2:00:24 PM                                                                                                                    
TREVOR SHAW,  Appointee, Alaska  Commission on  Judicial Conduct,                                                               
Alaska Court  System, Ketchikan,  said that he  hopes to  bring a                                                               
perspective to  the commission,  especially since  the commission                                                               
was  constituted to  incorporate  diverse  perspectives into  the                                                               
judicial conduct review process.  This intent was memorialized in                                                               
Article  IV,  Section X  of  the  Constitution  of the  State  of                                                               
Alaska.  He said  as the  public member,  he hoped  to provide  a                                                               
positive contribution  to the collective  decision-making process                                                               
with his qualifications and skills.                                                                                             
                                                                                                                                
2:01:44 PM                                                                                                                    
MR.  SHAW said  that  he  first served  as  a  volunteer for  the                                                               
Ketchikan  Youth Court  Program  throughout his  high school  and                                                               
later was  employed as the  assistant to the  executive director.                                                               
He explained that youth courts  are a restorative justice program                                                               
that allow minors  who have been convicted of  minor crimes, such                                                               
as  a  minor-consuming alcohol,  driving  without  a license,  or                                                               
violation  of curfew  cases to  be  handled by  the youth  court.                                                               
Cases are referred by district  court or local police departments                                                               
through agreements,  he said. Participants appear  before a panel                                                               
of  judges  of  their  peers.   The  attorneys  are  high  school                                                               
volunteers who have gone through  a training process that results                                                               
in a "mock"  bar exam. Juveniles receive  their sentencing, based                                                               
on  a matrix  outlined with  mitigating and  aggravating factors,                                                               
which ultimately results  in restitution, such as  letters to the                                                               
victims.  Once   they  complete  their   sentences,  participants                                                               
receive  a   suspended  imposition   of  sentence   (SIS).  After                                                               
successful  completion,  the charges  do  not  show up  on  their                                                               
records, he  said. He said  he served throughout high  school and                                                               
later served  two terms as the  president of the Youth  Court Bar                                                               
Association. He  also served  as the  co-president of  the United                                                               
Youth  Courts of  Alaska and  the  co-host for  the Annual  Youth                                                               
Court Conference.                                                                                                               
                                                                                                                                
2:04:00 PM                                                                                                                    
MR. SHAW  said that as  a high school  senior, he was  elected to                                                               
the  [Ketchikan   Gateway  Borough  School  District,   Board  of                                                               
Education]  (school board).  In 2015,  Governor Walker  appointed                                                               
him to a three-year term  on the Alaska Juvenile Justice Advisory                                                               
Committee, which he completed last  year. In 2016, he was elected                                                               
as  the  president  of  the  [Ketchikan  Gateway  Borough  School                                                               
District] Ketchikan  School Board  and he  served until  2018. He                                                               
said  that the  youth  court  and the  school  board have  quasi-                                                               
judicial functions.  The youth  court serves  as an  auxiliary to                                                               
the judiciary to  help youth receive a  SIS [Suspended Imposition                                                               
of Sentence].  The school board  has quasi-judicial  functions in                                                               
terms of  student disciplinary  actions, but  it also  relates to                                                               
employees. He  worked in the  private sector, with  experience in                                                               
public relations,  project management, regulatory  and compliance                                                               
management,  and finance  and accounting.  He currently  works as                                                               
the  administrative manager  and director  of government  affairs                                                               
for the Ward Cove Group,  a conglomerate of companies responsible                                                               
for revitalization  of the Ketchikan  Pulp Mill  industrial site.                                                               
He is also a partner in  a small private holding company [Connect                                                               
Solutions,  LLC] that  provides management  and public  relations                                                               
consulting  services.  From  his  experience in  the  public  and                                                               
private sector,  he said he  believes that  he will bring  to the                                                               
table  a thoughtful,  well-rounded  open-minded  approach to  the                                                               
decision-making process.                                                                                                        
                                                                                                                                
MR. SHAW  said that he  did not  have any agenda.  The procedures                                                               
and  process  of  the  [Alaska  Commission  on  Judicial  Conduct                                                               
Commission]  are  well designed  and  established.  He said  this                                                               
includes ensuring public trust in  the process and that rules are                                                               
being  followed and  upheld. The  rules are  the Alaska  Judicial                                                               
Code of Conduct, the Alaska  statutes and the Constitution of the                                                               
State  of Alaska.  Through that  process, the  commission ensures                                                               
public  trust  in  the  process  by  displaying  consistency  and                                                               
continuity in  the enforcement of rules.  Ultimately, between the                                                               
appointment  of  judges  and the  first-retention  election,  the                                                               
commission serves as the first line of defense.                                                                                 
                                                                                                                                
He said that the commission's work  is the checks and balances on                                                               
the structure and separation of power  in the state. He said that                                                               
he believes the commission fills its  role well and as the public                                                               
member he  would hope to  maintain consistency and  continuity in                                                               
the  commission's proceedings.  He would  work to  guarantee that                                                               
rules are being  followed and that the Judicial  Code of Conduct,                                                               
Alaska  law, and  the Constitution  of  the State  of Alaska  are                                                               
strictly adhered  to in  order to preserve  the public  trust. He                                                               
said that the pursuit of public  service, law, and justice is one                                                               
of his lifelong passions.                                                                                                       
                                                                                                                                
2:08:20 PM                                                                                                                    
CHAIR HUGHES thanked  him for his willingness to  serve. She said                                                               
his resume  indicates his interest  in public service  and trust.                                                               
She said  she would like  to offer  him an opportunity  to ensure                                                               
that the  public can  continue to  trust him.  She said  that the                                                               
media  has circulated  reasons  for him  stepping  down from  the                                                               
school board related to his  parents' pastor. She said she wanted                                                               
to give him an opportunity to set the record straight.                                                                          
                                                                                                                                
2:09:20 PM                                                                                                                    
MR. SHAW asked to first  discuss another accusation that has been                                                               
made. He said  some complaints were made that during  the time he                                                               
was school  board president  he would cut  off citizens  who were                                                               
trying to address the board. He  said that years of video footage                                                               
would  confirm  that  this  statement is  not  accurate.  On  the                                                               
contrary, other  board members criticized him  for not attempting                                                               
to "rein in citizen remarks."  During some busy meetings he would                                                               
establish time  limits and he  sometimes ask testifiers  to limit                                                               
their  testimony to  the topic  at  hand. He  emphasized that  he                                                               
never cut  anyone off from speaking  and wanted to clear  this up                                                               
since the public trust is important.                                                                                            
                                                                                                                                
MR.  SHAW turned  to the  accusation Chair  Hughes mentioned.  He                                                               
said that  in 2018,  while he  was still a  member of  the school                                                               
board,  a  recall  petition  was   filed  on  the  grounds  of  a                                                               
procedural error, alleging  that he violated board  bylaws by not                                                               
allowing a  student member of the  board to speak when  he sought                                                               
to  be   recognized.  The  [Ketchikan  Gateway   [Borough]  clerk                                                               
certified  the petition.  That certification  process has  a "low                                                               
bar" and  includes a presumption  that all allegations are  to be                                                               
taken  as true,  he  said. It  then remains  the  purview of  the                                                               
voters in a  recall election to determine if  the allegations are                                                               
true.                                                                                                                           
                                                                                                                                
2:10:58 PM                                                                                                                    
MR. SHAW said that in June  2018, at the time the recall petition                                                               
was being circulated for  signatures, a long-time, well-respected                                                               
pastor  in Ketchikan  who was  also the  long-time culinary  arts                                                               
teacher [at  the Ketchikan High  School] was arrested  for sexual                                                               
abuse of a minor. Some of  this abuse allegedly took place in the                                                               
high school, he  said. The teacher, [Doug  Edwards], had recently                                                               
retired from his teaching position.                                                                                             
                                                                                                                                
MR. SHAW indicated  that [Mr. Edwards] was  his childhood pastor.                                                               
His parents  and siblings still  attended his church at  the time                                                               
of the  arrest. He said  that [Pastor Edwards] officiated  at his                                                               
wedding. The accusation being leveled  against him is that he was                                                               
aware of [Mr.  Edwards'] criminal behavior and  allowed the abuse                                                               
to  occur. A  number of  the petitioners  claimed to  have actual                                                               
proof that  he knew of the  abhorrent acts of [Mr.  Edwards]. The                                                               
narrative  allowed  proponents of  the  recall  to gather  enough                                                               
signatures to  put the recall  petition on the ballot.  Now those                                                               
same individuals,  as well as  certain media outlets,  are saying                                                               
that those  allegations are  the reasons  the recall  was brought                                                               
forward, and  that he was  "forced off  of the school  board." He                                                               
categorically  and  unequivocally  denied  these  accusations  as                                                               
"outright  falsehoods." He  said  he learned  of these  atrocious                                                               
acts  in the  same manner  as the  rest of  the public  when [Mr.                                                               
Edwards] was arrested and the charges were announced.                                                                           
                                                                                                                                
He characterized this  as a betrayal to him and  his family since                                                               
[Mr.  Edwards] was  his childhood  pastor and  officiated at  his                                                               
wedding.  To add  bitterness to  that betrayal,  he learned  that                                                               
[Mr. Edwards']  victims were close  family friends. He  said that                                                               
no evidence exists that he had  any knowledge of his behaviors or                                                               
participated in a coverup, just rumors and innuendos.                                                                           
                                                                                                                                
                                                                                                                                
2:12:45 PM                                                                                                                    
MR. SHAW acknowledged that he  stepped down from the school board                                                               
before the recall ballot. At the  time, the school board had just                                                               
initiated its own internal  investigation regarding [Mr. Edward].                                                               
The criminal investigation was ongoing,  and the intensity of the                                                               
situation  was at  its height.  He had  a fiduciary  duty to  the                                                               
board,  a pledge  to confidentiality  to the  school district,  a                                                               
commitment to  the privacy for the  sake of the victims,  and the                                                               
personal  aspects of  how this  revelation severely  impacted his                                                               
immediate family  and close friends.  He said he was  not willing                                                               
to defend  himself against a  convoluted recall process  since it                                                               
was  not right  for  the  victims, the  school  district, or  his                                                               
family.  He ultimately  resigned from  the board  for those  very                                                               
reasons,  which  ended the  process  to  put  the recall  on  the                                                               
ballot.                                                                                                                         
                                                                                                                                
MR.  SHAW  maintained  that  there   was  no  salacious  scandal,                                                               
backroom deal, coverup, or impropriety  that caused him to resign                                                               
from the  board. He attested  that it was  the right thing  to do                                                               
for the community. He acknowledged  substantial feelings exist in                                                               
the  community.   He  was  not   going  to  let   any  "political                                                               
consideration" affect  that, he said.  He quoted the  late former                                                               
U.S.  Senator Ted  Stevens,  "To hell  with  politics; do  what's                                                               
right  for Alaska."  He said  that  people matter  most in  every                                                               
situation.  That was  his mindset  when he  was first  elected to                                                               
office,  during the  tragedy, and  is  still his  mindset in  the                                                               
manner he approaches public service  today. "People matter most,"                                                               
he  said. He  said he  tries to  look back  and learn  lessons in                                                               
life, no  matter how bad a  situation might be or  how people try                                                               
to spin  it. He  said that  in those situations  it is  "the fact                                                               
that you don't know the truth until  you do." In a role like that                                                               
on the commission  it is important to not  have any predetermined                                                               
notions and consider each situation  on its own merits and facts.                                                               
Not every  accusation is true and  there are always two  sides to                                                               
the story.  He said  the job  is not to  make assumptions  but to                                                               
learn the  truth. He  appreciated the  opportunity to  clear this                                                               
up. He said that his life is  an open book and he emphasized that                                                               
members  would  get straight  answers  from  him. In  closing  he                                                               
reiterated  that he  denies  every allegation  and  he hoped  his                                                               
testimony  provides insight  into  how the  incident and  process                                                               
unfolded.                                                                                                                       
                                                                                                                                
2:16:04 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:16:13 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
2:16:20 PM                                                                                                                    
SENATOR SHOWER recalled he mentioned  the low bar for the recall.                                                               
He asked  him to address how  far apart the allegations  were and                                                               
if  there was  more happening  with the  allegations in  terms of                                                               
personal relationships.                                                                                                         
                                                                                                                                
2:17:43 PM                                                                                                                    
MR. SHAW  said that he  was not the only  board member to  have a                                                               
recall petition  filed. By the  time his recall petition  and two                                                               
other  recall petitions  were put  before the  [Ketchikan Gateway                                                               
Borough (KGB)]  clerk for review,  the district and  school board                                                               
had  been in  contentious negotiations  with the  local teachers'                                                               
union. The  other two  recall petitions  alleged that  two school                                                               
board  members  failed  to  negotiate on  behalf  of  the  school                                                               
district. However,  the KGB clerk dismissed  those allegations on                                                               
the grounds  that negotiations  are discretionary  matters before                                                               
the school board and were not subject to grounds for recall.                                                                    
                                                                                                                                
He  recapped  issues at  the  school  board  that led  to  recall                                                               
petitions against  him, along  with two  other board  members. As                                                               
board  president,  he followed  the  consensus  of the  board  in                                                               
taking a conservative approach to  negotiations, based in part on                                                               
the  unpredictable  state  finances.  That  led  to  a  prolonged                                                               
negotiation  process  that  led   to  the  recall  petitions.  He                                                               
elaborated   on  the   internal   school  board   considerations,                                                               
concluding  that  a tentative  agreement  never  came before  the                                                               
board  for consideration.  He characterized  the  process as  one                                                               
that "kind of exploded."                                                                                                        
                                                                                                                                
SENATOR SHOWER  reiterated his interest in  the timeframe between                                                               
events and if they were simultaneous or months apart.                                                                           
                                                                                                                                
MR.  SHAW said  he was  unsure when  the petition  was filed  and                                                               
certified and when  [Mr. Edwards] was arrested.  The timeframe to                                                               
collect signatures  is limited by  statute, so he thought  it was                                                               
simultaneous.                                                                                                                   
                                                                                                                                
2:21:22 PM                                                                                                                    
SENATOR REINBOLD said  the high school [teacher] quit  just a few                                                               
days  before  his   arrest.  She  said  that   [Mr.  Edwards  was                                                               
convicted]  and  was  sentenced  to   18  years,  with  12  years                                                               
suspended, and  six years to serve.  She said that a  recall is a                                                               
"big  deal."  She characterized  it  as  "a  big red  flag"  with                                                               
regards  to the  whole  issue.  She said  that  she has  received                                                               
numerous letters  of concern.  She asked  whether he  fully heard                                                               
the students' complaints and addressed them.                                                                                    
                                                                                                                                
MR. SHAW  cautioned against associating  the two events.  He said                                                               
that the  recall against him related  to a student who  wanted to                                                               
speak with respect to an appointment  of a school board member to                                                               
fill  a  vacancy and  had  nothing  to  do with  the  allegations                                                               
against Pastor [Doug Edwards] and his arrest.                                                                                   
                                                                                                                                
SENATOR REINBOLD asked whether he  had any complaints against Mr.                                                               
Edwards while  he served on  the school board. She  further asked                                                               
whether any students  brought concerns to him and if  so, what he                                                               
did with the complaints.                                                                                                        
                                                                                                                                
MR. SHAW answered that no complaints  were ever brought to him by                                                               
a student,  parent, or staff  regarding Mr. Edwards'  conduct. He                                                               
reiterated that he found out when Mr. Edward was arrested.                                                                      
                                                                                                                                
2:24:12 PM                                                                                                                    
SENATOR REINBOLD  said several of  the letters  expressed concern                                                               
that he does  not bring anything to the table.  She said that the                                                               
Commission on  Judicial Conduct is  a pretty  serious commission.                                                               
She asked  him to highlight  his qualifications. She said  it has                                                               
given her  pause to read  all of  the letters from  his community                                                               
that state, "Please do not confirm Trevor Shaw's appointment."                                                                  
                                                                                                                                
MR. SHAW said  that his perspective is something he  can bring to                                                               
the  commission.   He  pointed   out  that  the   commission  has                                                               
designated seats for  the public, judges, and  attorneys. He said                                                               
that his  entire adult life  has consisted of public  service and                                                               
he is  very proud of his  accomplishments during his time  on the                                                               
school board.  He recapped that  his service included  serving on                                                               
the  [Ketchikan   Gateway  Borough  School  District]   Board  of                                                               
Education   (Ketchikan  School   Board),  the   Juvenile  Justice                                                               
Advisory  Committee,  and the  youth  courts.  He has  a  private                                                               
sector background  and has spent  time volunteering  in nonprofit                                                               
charitable organizations.  That he  is a  millennial gives  him a                                                               
valuable  perspective as  a younger  Alaskan who  has public  and                                                               
private sector  experience, including as a  small business owner,                                                               
as  well as  having  been  part of  the  Alaska Criminal  Justice                                                               
System, he said.                                                                                                                
                                                                                                                                
He said  that has always  been part  of the conversation  when he                                                               
talked  to Governor  Dunleavy and  the  administration about  his                                                               
appointment. He  said that  it is important  to have  a long-term                                                               
future-minded approach. It has always  been his pursuit to ensure                                                               
that [the public]  has trust in the process. He  said that during                                                               
his  time at  the school  board, even  to his  own detriment,  he                                                               
protected  the  interests  of the  school  board  and  maintained                                                               
confidentiality to be sure the  public involvement was uncensored                                                               
and unobstructed to  ensure that information was  being heard and                                                               
considered  in  the  decision-making  process.  With  respect  to                                                               
letters opposing  his confirmation  from people, he  also thought                                                               
that] there  were letters from local  attorneys, tribal councils,                                                               
and other  people were able  to look  at his background  [and not                                                               
just focus on] the tense  situational circumstance. He maintained                                                               
that the allegations [against him] were not true.                                                                               
                                                                                                                                
MR. SHAW  said that  being someone who  has been  falsely accused                                                               
provides him  with the  mindset of never  taking a  situation for                                                               
granted or  judging a  book by its  cover. Instead,  his approach                                                               
[on the commission]  would be to look at the  details, the people                                                               
involved, and the  facts, and determine what  really happened. He                                                               
asked  committee members  to take  that mindset  when talking  to                                                               
their colleagues [about his confirmation].  He offered to provide                                                               
as many  details as  needed to alleviate  some of  those concerns                                                               
regarding [Mr.  Edwards'] arrest.  He emphasized  that he  had no                                                               
knowledge of  [Mr. Edwards']  conduct. He  asked members  to take                                                               
his testimony into consideration when looking at these letters.                                                                 
                                                                                                                                
2:30:31 PM                                                                                                                    
SENATOR REINBOLD  said she has  reservations, that there  are too                                                               
many red  flags. She said  she will  be considering what  he said                                                               
but she  will be digging deeper.  She said she thinks  this is an                                                               
important board since it will be reviewing judicial conduct.                                                                    
                                                                                                                                
2:31:04 PM                                                                                                                    
SENATOR  KIEHL  asked  about  how  things  proceeded  within  the                                                               
[Ketchikan  Gateway  Borough]  School District  (KGBSD)  when  he                                                               
served on  the board.  He asked  whether he  was involved  in the                                                               
school board or KGBSD's investigation of Mr. Edwards.                                                                           
                                                                                                                                
MR.  SHAW answered  yes.  He  said after  Mr.  Edwards' arrest  a                                                               
confidential  complaint was  filed against  members of  the KGBSD                                                               
administration alleging  that the  district knew of  Mr. Edwards'                                                               
behavior and did  not follow policies or procedures.  At the time                                                               
he  was  the  president  of  the [KSBSD]  school  board  and  had                                                               
policies and  procedures and bylaws  to follow. The  school board                                                               
went  through  that  process,   including  having  a  third-party                                                               
contractor to  conduct the  investigation. He  characterized that                                                               
process  as  being  very  complicated.  Since  the  victims  were                                                               
minors,  he   related  that   confidentiality  and   privacy  was                                                               
important. He  said he disclosed  to the KSBSD school  board that                                                               
he personally  knew the victims  so the board could  determine if                                                               
any  conflict of  interest  existed. He  said,  "On the  opposing                                                               
side, there were  those who thought that Mr. Edwards  and I had a                                                               
personal relationship,  which we  did not." Ultimately,  once the                                                               
timelines were met for initiating  an investigation, he turned it                                                               
over to the Vice-President of  the KSBSD school board to continue                                                               
the oversight of the investigation, he said.                                                                                    
                                                                                                                                
2:33:57 PM                                                                                                                    
SENATOR KIEHL  asked whether  he had  a personal  or professional                                                               
relationship  with the  third-party investigator  outside of  the                                                               
school board context.                                                                                                           
                                                                                                                                
MR.  SHAW  answered that  he  did  not.  The KSBSD  school  board                                                               
directed him  to pursue a third-party  investigator by contacting                                                               
the  Association  of  Alaska  School   Boards  (AASB).  The  AASB                                                               
recommended  a  law  firm.  However,  one  of  the  partners  had                                                               
previously  done work  for  the school  district.  The board  had                                                               
concerns about  the perception and  wanted to have  a third-party                                                               
investigator  that did  not  have  any pre-existing  relationship                                                               
with the board. The board  finalized the third-party investigator                                                               
and finalized hiring  an attorney recommended by  the KGBSD after                                                               
he resigned from the board.                                                                                                     
                                                                                                                                
2:35:37 PM                                                                                                                    
SENATOR KIEHL  said Mr.  Shaw has talked  about bringing  out the                                                               
truth and  have the full  process, but  he also talked  about not                                                               
going through  the recall process  to educate the voters.  As the                                                               
committee  considers  the  Alaska Judicial  Conduct  Commission's                                                               
role  in finding  the truth  and upholding  the integrity  of the                                                               
judiciary, he wondered how he would reconcile it.                                                                               
                                                                                                                                
MR. SHAW said his commitment to  the school board is one he would                                                               
have  to the  Alaska  Judicial Conduct  Commission,  which is  to                                                               
protect and ensure  the interest of the commission.  He said that                                                               
in  considering his  resignation, he  did so  because he  did not                                                               
think  he could  do the  school board,  the school  district, the                                                               
community,  or   his  family  justice  since   he  had  fiduciary                                                               
obligations  to  the  district. He  said  one  consideration  was                                                               
concern  that the  school district's  investigation could  impact                                                               
the criminal investigation. He said,  "I looked at that and said,                                                               
'I don't want to have a  conversation with the voters that is not                                                               
going  to be  beneficial to  solving this  process.'" He  said he                                                               
weighed whether it was more beneficial  to fight the recall or to                                                               
allow the process to move forward.  He determined it would not be                                                               
beneficial to the board to see  the recall process through to the                                                               
end.                                                                                                                            
                                                                                                                                
He said  that the  difference is  that the  commission is  not an                                                               
elected  position.  He  said  that  he  is  working  through  the                                                               
legislative  confirmation   process  to   ensure  he   meets  his                                                               
obligation to the commission, if confirmed.                                                                                     
                                                                                                                                
2:38:43 PM                                                                                                                    
SENATOR MICCICHE said he researched  the Ketchikan Gateway School                                                               
Board investigation.  He said  that it appears  he served  on the                                                               
board for all  seven incidents. As a parent, he  is struggling to                                                               
understand how  [Mr. Edwards] made  it through report  number two                                                               
without losing  his job.  He said  that some  of the  details are                                                               
disturbing that were largely ignored.  The first incident, report                                                               
number one in  2013, was not a student in  his classroom. He said                                                               
that as  a parent  and a  policy maker,  the teacher  should have                                                               
been removed that  day from his service and  never allowed inside                                                               
of  an Alaska  school again.  As the  reports and  investigations                                                               
continued, he said  he wondered how many  additional young people                                                               
were  victimized by  the  KGB School  District  and school  board                                                               
ignoring  the   repeated  occurrences  that  happened   in  seven                                                               
different incidents.  He asked what  policies were  being created                                                               
by the KGBSD School Board while  he was president to intervene in                                                               
this situation.                                                                                                                 
                                                                                                                                
MR. SHAW responded  that when the [KGBSD]  school board initiated                                                               
its investigation, the board found  it devastating. The first the                                                               
KGBSD school  board had  heard of any  misconduct by  Mr. Edwards                                                               
was when  he was arrested.  He related the board  questioned when                                                               
it had happened, how long  the misconduct had been occurring, and                                                               
if any additional incidents had  occurred. Ultimately, he said it                                                               
was  due to  a breakdown  in the  information the  administration                                                               
provided  to the  board  about Mr.  Edwards'  conduct. The  board                                                               
further  wondered  what was  in  his  personnel file.  The  board                                                               
created an  ad hoc committee to  review all policies and  fix the                                                               
problem, even though the report  said that the overall policy was                                                               
followed. He said  the abuse occurred and the board  did not ever                                                               
want that  conduct to happen again  and has continued to  work to                                                               
tighten up policies and procedures.                                                                                             
                                                                                                                                
2:42:27 PM                                                                                                                    
SENATOR  MICCICHE  said  that  even  after  incident  seven,  Mr.                                                               
Edwards  was going  to  continue to  work until  the  end of  the                                                               
school year.  He said the answer  he was hoping to  hear would be                                                               
that the  [KGBSD School Board]  created a system so  people could                                                               
anonymously complain to the school  board; and that a review that                                                               
included  interviews   with  students  and  staff   was  made  to                                                               
determine if other ongoing issues existed.                                                                                      
                                                                                                                                
He said,  "I don't  know you  Mr. Shaw, and  I hope  this doesn't                                                               
sound unfairly  negative. I'm  looking at a  report that  is very                                                               
disturbing.  I have  four daughters.  How  can we  expect you  to                                                               
adequately provide  processes to  evaluate judicial  conduct when                                                               
we look at  this failure and the intervention  of obvious conduct                                                               
issues at the Ketchikan Gateway Borough School District?"                                                                       
                                                                                                                                
MR. SHAW responded  that did happen. The school  board brought in                                                               
a  contract Dean  of Students,  a former  administrator, to  work                                                               
outside  the  chain of  command  and  work  with people  who  had                                                               
complaints,  including  establishing   a  process  for  anonymous                                                               
complaints. He  acknowledged that there was  a definite breakdown                                                               
in communication.  He said that  some people sent reports  to the                                                               
KGBSD board through this process.  He reiterated his views on the                                                               
Alaska Judicial Conduct Commission  public complaint process, and                                                               
the  importance of  confidentiality.  He  further reiterated  the                                                               
process the  school board tried  to take to prevent  future abuse                                                               
and maintain public trust.                                                                                                      
                                                                                                                                
SENATOR MICCICHE said that was all he had.                                                                                      
                                                                                                                                
2:46:46 PM                                                                                                                    
SENATOR  REINBOLD  said  she believes  she  may  have  previously                                                               
stated incorrectly  Mr. Edwards' sentence. She  clarified for the                                                               
record that  Mr. Edwards had  six charges filed against  him that                                                               
were combined  into one class  B felony.  He was sentenced  to 18                                                               
years  with 12  suspended. He  may be  released after  four years                                                               
with good time.                                                                                                                 
                                                                                                                                
2:47:28 PM                                                                                                                    
SENATOR  KIEHL related  that  Mr. Shaw  talked  about his  quasi-                                                               
judicial experience and  the duty of the  Alaska Judicial Conduct                                                               
Commission  to   ensure  that  judges  are   complying  with  the                                                               
Constitution of  the State of  Alaska, the statutes and  the Code                                                               
of  Judicial Conduct.  He asked  him to  provide insight  on what                                                               
level  of  failing to  comply  with  the statutes  warrants  what                                                               
action  by   the  commission;  for   example,  with   respect  to                                                               
recommending  action by  the commission,  such as  reprimanding a                                                               
judge, suspending, or removing a judge.                                                                                         
                                                                                                                                
MR. SHAW said  it would be on a case-by-case  basis. He said that                                                               
the  statutes often  will  translate into  the  code of  judicial                                                               
conduct. For  example, if  a judge  is charged  with a  crime, it                                                               
would  violate  the  code  of judicial  conduct  and  the  Alaska                                                               
statutes.  He  said   it  would  depend  on   the  situation  and                                                               
ultimately statutory  changes that ultimately lead  to updates to                                                               
the code of judicial conduct.                                                                                                   
                                                                                                                                
2:49:28 PM                                                                                                                    
SENATOR  SHOWER recognized  that Senators  Micciche and  Reinbold                                                               
had questions. He  asked whether any organized  opposition or any                                                               
outside groups [led the recall petition.]                                                                                       
                                                                                                                                
MR. SHAW  said he would  respond in writing to  Senators Micciche                                                               
and  Reinbold  to  answer their  questions  and  provide  written                                                               
testimony. He  said the recall petition  stemmed from contentious                                                               
union  representation.  People  testified in  opposition  to  the                                                               
negotiating posture  of the district  and his  leadership clearly                                                               
followed  the trend.  As soon  as Mr.  Edwards' arrest  occurred,                                                               
they  transitioned  from  talking about  negotiations  to  making                                                               
allegations,  rumors, and  gossip. Many  of the  folks have  sent                                                               
emails  and have  provided information  to the  [Alaska] Landmine                                                               
political blog and  the Midnight Sun on social media.  He said it                                                               
is  a  concerted  effort  and   goes  back  to  the  tense  union                                                               
negotiations and the  posture that the school  board directed him                                                               
the administration, and negotiators to  take, he said. He alluded                                                               
to other rumors that led to other tactics.                                                                                      
                                                                                                                                
2:53:31 PM                                                                                                                    
CHAIR  HUGHES said  that after  union negotiations  happened that                                                               
things seemed to ramp up against  him. She asked what the outcome                                                               
was that he is alluding to that people were against.                                                                            
                                                                                                                                
MR.  SHAW said  that all  of the  board members  who opposed  the                                                               
negotiations  stepped  down or  lost  re-election.  He said  that                                                               
after  the last  municipal  election, the  contract was  ratified                                                               
once the new board was seated.                                                                                                  
                                                                                                                                
CHAIR HUGHES asked whether the  outcome of the union negotiations                                                               
had to do with teachers'  salaries, that not receiving raises was                                                               
the root of some of the opposition.                                                                                             
                                                                                                                                
MR.  SHAW recalled  that the  negotiations [under  consideration]                                                               
were  conservative raises  over a  three-year period.  He offered                                                               
his belief that was the root concern.                                                                                           
                                                                                                                                
2:55:20 PM                                                                                                                    
SENATOR MICCICHE  said that he  is a conservative  Republican who                                                               
evaluates things  on face  value. He hoped  the attacks  were not                                                               
based on  those issues.  He expressed  concern about  the unknown                                                               
number  of  young  people  who were  victimized  because  of  the                                                               
inaction of  the school  board led by  Mr. Shaw.  He acknowledged                                                               
that  the   legislature  sees  [political  tactics]   every  day.                                                               
Whatever else  happened, his concern  is this specific  issue, he                                                               
said.                                                                                                                           
                                                                                                                                
2:56:14 PM                                                                                                                    
CHAIR  HUGHES agreed,  remarking that  it was  alarming how  long                                                               
something  went  on  in  her  school district.  She  said  it  is                                                               
important to get to the bottom of things.                                                                                       
                                                                                                                                
2:57:04 PM                                                                                                                    
CHAIR  HUGHES   announced  the  confirmation  hearing   for  John                                                               
Francis,  appointee  to  the Violent  Crimes  Compensation  Board                                                               
(VCCB).  She  reviewed the  VCCB's  mission. The  Violent  Crimes                                                               
Compensation  Board was  established to  help mitigate  financial                                                               
losses that  are the direct  result of violent crimes  that occur                                                               
to Alaskans and visitors to  Alaska. In addition, the board helps                                                               
to  foster  victim  advocacy and  services  and  promotes  victim                                                               
recovery.                                                                                                                       
                                                                                                                                
2:57:35 PM                                                                                                                    
JOHN  FRANCIS,  Appointee,   Violent  Crimes  Compensation  Board                                                               
(VCCB),  Department of  Administration, Wasilla,  stated that  he                                                               
moved  to Alaska  in  1999 after  rediscovering  his high  school                                                               
sweetheart.  He   has  three  adult   children  and   five  adult                                                               
grandchildren who continue  to live in Alaska. He is  a member of                                                               
the  United Protestant  Church  in Palmer  and  has owned  Mat-Su                                                               
Computer  Medics  in  Wasilla  since 2002.  He  is  the  founding                                                               
administrator for  the social media anti-crime  groups "Stolen in                                                               
Alaska" and  "Mat Valley  Crime Discussion."  He said  he started                                                               
these groups  because there was  no easy source to  easily verify                                                               
if  a computer  brought in  for password  resets were  stolen. He                                                               
said the  [Alaska State Troopers]  advised him that if  he called                                                               
in the  serial number that they  might get back to  him on stolen                                                               
information within  a week.  The Facebook group  was a  means for                                                               
people to discuss  and post stolen items. The  groups help inform                                                               
the  public about  local  criminals. As  the  groups evolved  and                                                               
grew, victims of  violent crimes reached out to him.  Many of the                                                               
victims  did not  feel comfortable  speaking  publicly about  the                                                               
effect violent  crimes has had  on their lives. He  is frustrated                                                               
that there is  little he could do other than  provide support, he                                                               
said. He  has been able  to help some  because of his  network of                                                               
acquaintances in  law enforcement, the  legal system, and  in the                                                               
political arena.                                                                                                                
                                                                                                                                
He said he  wants to serve on this board.  He is passionate about                                                               
helping  people  especially  those  struggling  to  recover  from                                                               
violence against them  or a loved one. Violent  crimes affect the                                                               
entire family, he  said. He is compassionate, but he  has a great                                                               
instinct  from  managing  over 200  employees  and  thousands  of                                                               
customers and  parenting. He said he  can sort out the  truth and                                                               
who is embellishing  on situations. He thanked  the committee and                                                               
said he would like  to be a part of helping  people who have been                                                               
victims of unspeakable crimes.                                                                                                  
                                                                                                                                
2:59:55 PM                                                                                                                    
SENATOR  REINBOLD  said  she  has  several  concerns.  She  asked                                                               
whether he has had paranormal  experiences. She mentioned she had                                                               
seen articles  in news  sources on  him. She said  that is  a red                                                               
flag for her.                                                                                                                   
                                                                                                                                
MR. FRANCIS said in  1982 a man died in his hands  when he was in                                                               
the U.S. Coast Guard in Michigan.  He said it forever changed his                                                               
life.  He and  his  wife  started a  small  group to  investigate                                                               
paranormal locations, such as graveyards.  They were not a "crazy                                                               
group"  like ones  on television.  They used  scientific methods,                                                               
including voice recorders  to attempt to capture  voices. He said                                                               
that they  have had  some decent  results. He  has been  on three                                                               
episodes   of  a   television   program   "Alaska  Haunting"   on                                                               
Destination America.  He said  that the  group has  been inactive                                                               
for three or four years.                                                                                                        
                                                                                                                                
SENATOR  REINBOLD  asked  him to  describe  his  experience.  She                                                               
specifically asked  whether he saw  a body come through  him when                                                               
the man died in his arms.                                                                                                       
                                                                                                                                
MR. FRANCIS answered no. He  characterized as more of a spiritual                                                               
experience.                                                                                                                     
                                                                                                                                
SENATOR REINBOLD  asked whether  he has  any connection  to Ghost                                                               
Tours of Anchorage.                                                                                                             
                                                                                                                                
MR. FRANCIS answered no.                                                                                                        
                                                                                                                                
SENATOR  REINBOLD  asked whether  he  could  elaborate on  Alaska                                                               
Ghost Hunters.  She further  asked him  to provide  details about                                                               
the 4th Avenue Theatre in Anchorage.                                                                                            
                                                                                                                                
MR. FRANCIS  said there  is a list  of supposedly  haunted places                                                               
that is  posted on the website  but most of the  activity that is                                                               
reported is nothing he [and his wife] have experienced.                                                                         
                                                                                                                                
3:03:21 PM                                                                                                                    
SENATOR  REINBOLD pressed  him for  more details.  She said  this                                                               
issue is  a serious concern  because he  is applying to  serve on                                                               
the  Violent  Crimes Compensation  Board.  She  asked whether  he                                                               
believes he  can talk  to the  dead and if  he sees  spirits. She                                                               
said that  many of her  constituents have expressed  concern. She                                                               
asked him to elaborate on  whether he does investigations for fun                                                               
or if he believes this is real.                                                                                                 
                                                                                                                                
MR. FRANCIS  answered no. He explained  the investigative process                                                               
his group uses. He said that  they go into people's homes who are                                                               
experiencing  "so  called"  paranormal   activity.  They  set  up                                                               
microphones and videorecorders in each  room with each doorway in                                                               
clear  view.   They  review  the   evidence  as  part   of  their                                                               
investigation. Often time  someone will hear a voice  in one room                                                               
so they will check the  other recorders. In nearly all instances,                                                               
the  sounds are  explainable. The  sound might  come from  a tire                                                               
squealing at a stop sign, but  it sounds like a child's voice. He                                                               
said that  being able to  identify the  source of the  sounds and                                                               
tell homeowners that what they  hear is not paranormal puts their                                                               
minds at ease.                                                                                                                  
                                                                                                                                
3:04:55 PM                                                                                                                    
SENATOR  REINBOLD   asked  whether  he  believes   in  paranormal                                                               
activities and if so, if he could describe them.                                                                                
                                                                                                                                
MR.  FRANCIS answered  that he  believes  that there  is a  Jesus                                                               
Christ and that he did rise from the dead.                                                                                      
                                                                                                                                
SENATOR REINBOLD asked whether he believes in haunted locations.                                                                
                                                                                                                                
MR.  FRANCIS answered  yes. He  said that  he also  believes that                                                               
when  some  people die  that  they  choose  to stay  behind.  For                                                               
example,  they  may "see  the  light"  but  are afraid  of  being                                                               
judged.                                                                                                                         
                                                                                                                                
SENATOR  REINBOLD said  that  this board  is  the Violent  Crimes                                                               
Compensation  Commission.   She  said  she  has   researched  his                                                               
activities  and she  offered her  belief that  this is  the wrong                                                               
board for him. She said she will be a "no" vote.                                                                                
                                                                                                                                
3:06:13 PM                                                                                                                    
SENATOR KIEHL said  that this board deals with  victims of crime.                                                               
He asked whether he has a criminal history.                                                                                     
                                                                                                                                
MR.  FRANCIS said  when  he was  in high  school  that he  became                                                               
involved  with the  wrong people.  However, he  got himself  away                                                               
from those people by moving away forty years ago.                                                                               
                                                                                                                                
SENATOR KIEHL asked whether any  of the crimes included a violent                                                               
element.                                                                                                                        
                                                                                                                                
MR. FRANCIS responded absolutely not.                                                                                           
                                                                                                                                
SENATOR KIEHL said the board  also deals with compensation, often                                                               
with  insured losses.  He asked  whether any  crimes involved  an                                                               
element of insurance.                                                                                                           
                                                                                                                                
MR. FRANCIS answered that he  was involved in insurance fraud. In                                                               
response to  Senator Kiehl, he explained  that in 1982 or  1983 a                                                               
friend stored  belongings at  his house.  His friend  arranged to                                                               
have the  items stolen  while Mr.  Francis was  at work  and then                                                               
filed an insurance claim against it.                                                                                            
                                                                                                                                
3:08:09 PM                                                                                                                    
CHAIR HUGHES  asked whether he was  ever a victim of  a crime and                                                               
if that led  to him starting a Facebook group.  She further asked                                                               
him to identify how many members are on his Facebook groups.                                                                    
                                                                                                                                
MR. FRANCIS said  the memberships for both  Facebook pages totals                                                               
about 20,000.  He said he was  a victim of a  burglary just prior                                                               
to moving to Alaska. He said that  he put some things up for sale                                                               
on Craigslist  and someone got  his address and cleaned  him out.                                                               
He said  that his ex-wife  was molested by her  stepfather, which                                                               
he  learned about  after  his  marriage. He  said  he feels  very                                                               
deeply about those types of crimes.                                                                                             
                                                                                                                                
3:09:31 PM                                                                                                                    
SENATOR MICCICHE asked for further  clarification on his criminal                                                               
activity.  He recalled  that he  talked about  "a bad  crowd" and                                                               
some  things being  removed from  a house.  He asked  for further                                                               
clarification on his participation.                                                                                             
                                                                                                                                
MR. FRANCIS said that there were  two crimes. The first one was a                                                               
burglary.  He  helped  the  "bad  apple" in  his  crowd  rob  his                                                               
neighbor's house.  The second crime  was an insurance  fraud that                                                               
took place in  a mobile home he owned. These  crimes were about a                                                               
year apart, he said.                                                                                                            
                                                                                                                                
3:10:33 PM                                                                                                                    
CHAIR  HUGHES   opened  public  testimony  on   the  confirmation                                                               
hearings for the candidates.                                                                                                    
                                                                                                                                
3:10:58 PM                                                                                                                    
JEFF  LANDFIELD, representing  self, Anchorage,  said he  was not                                                               
planning  on  testifying  but  after   Mr.  Shaw  referenced  his                                                               
website, "The Alaska Landmine," he  wanted to clarify that he was                                                               
not contacted  by any  union members about  his behavior  or what                                                               
happened. KRBD  in Ketchikan  widely reported  about it.  He said                                                               
that on July 30th Mr. Shaw  initially tried to hire the same firm                                                               
in  Anchorage  that  was   already  representing  the  [Ketchikan                                                               
Gateway  Borough]  school  district.  At  the  August  8th  KGBSD                                                               
meeting, he refused to recuse  himself from the investigation and                                                               
only  did   so  after   parents  made  it   very  clear   it  was                                                               
inappropriate.  He urged  members  to watch  the video  recording                                                               
that will  show Mr.  Shaw was  very rude  to them.  He reiterated                                                               
that  no  one  approached  him,  that there  was  not  any  union                                                               
vendetta. He  said that it  was widely reported in  the Ketchikan                                                               
media and  he did  a story on  it. He said  he wanted  to clarify                                                               
that based on the comment Mr. Shaw made.                                                                                        
                                                                                                                                
3:12:35 PM                                                                                                                    
CHAIR  HUGHES   closed  public  testimony  on   the  confirmation                                                               
hearings  for  appointees to  the  Alaska  Judicial Council,  the                                                               
Board of  Governors of the  Alaska Bar, the Alaska  Commission on                                                               
Judicial Conduct, the Violent Crimes Compensation Board.                                                                        
                                                                                                                                
3:12:43 PM                                                                                                                    
CHAIR HUGHES  stated that  in accordance  with AS  39.05.080, the                                                               
Senate Judiciary  Standing Committee  reviewed the  following and                                                               
recommends  the following  appointments be  forwarded to  a joint                                                               
session for consideration:                                                                                                      
                                                                                                                                
Alaska Judicial Council                                                                                                       
David Parker - Wasilla                                                                                                          
                                                                                                                                
Board of Governors of the Alaska Bar                                                                                          
Jedidiah Cox - Anchorage                                                                                                        
                                                                                                                                
Alaska Commission on Judicial Conduct                                                                                         
Trevor Shaw - Ketchikan                                                                                                         
                                                                                                                                
Violent Crimes Compensation Board                                                                                             
John Francis - Wasilla                                                                                                          
                                                                                                                                
Signing  the   reports  regarding  appointments  to   boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the  appointees;   the  nominations  are  merely                                                               
forwarded to the full legislature for confirmation or rejection.                                                                
                                                                                                                                
3:13:13 PM                                                                                                                    
CHAIR HUGHES reviewed upcoming committee announcements.                                                                         
                                                                                                                                
3:14:02 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
3:15:03 PM                                                                                                                    
CHAIR HUGHES reconvened the committee meeting.                                                                                  
                                                                                                                                
3:15:35 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Hughes adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 3:15 p.m.                                                                                                            

Document Name Date/Time Subjects
SJUD Agenda 3.6.19.pdf SJUD 3/6/2019 1:30:00 PM
John Francis RESUME_Redacted.pdf SJUD 3/6/2019 1:30:00 PM
JUD Governors of Alaska Bar Cox #6.pdf SJUD 3/6/2019 1:30:00 PM
JUD Judicial Council Parker #6.pdf SJUD 3/6/2019 1:30:00 PM
JUD Judicial Conduct Shaw #6.pdf SJUD 3/6/2019 1:30:00 PM
Trevor Shaw Redacted Board Application.pdf SJUD 3/6/2019 1:30:00 PM
JUD Violent Crimes Compensation Board Francis #6.pdf SJUD 3/6/2019 1:30:00 PM
Written Testimony Opposition - Trevor Shaw.pdf SJUD 3/6/2019 1:30:00 PM
Written Testimony Opposition - Trevor Shaw (2).pdf SJUD 3/6/2019 1:30:00 PM
S Bradford Support - Trevor Shaw.pdf SJUD 3/6/2019 1:30:00 PM
S Pickrell Support - Trevor Shaw.pdf SJUD 3/6/2019 1:30:00 PM
D Bockhorst Support - Trevor Shaw.pdf SJUD 3/6/2019 1:30:00 PM
CSSB 34 Version U.PDF SJUD 3/6/2019 1:30:00 PM
SB 34
SB 34 Transmittal Letter.pdf SJUD 3/6/2019 1:30:00 PM
SB 34
SB 34 Explanation of Changes.pdf SJUD 3/6/2019 1:30:00 PM
SB 34
SB 34 - Probation and Parole Sectional.pdf SJUD 3/6/2019 1:30:00 PM
SB 34
SB 34 Highlights.pdf SJUD 3/6/2019 1:30:00 PM
SB 34