Legislature(1999 - 2000)
03/10/1999 02:15 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
JOINT MEETING
HOUSE JUDICIARY STANDING COMMITTEE
SENATE JUDICIARY STANDING COMMITTEE
March 10, 1999
2:15 p.m.
HOUSE MEMBERS PRESENT
Representative Pete Kott, Chairman
Representative Joe Green
Representative Norman Rokeberg
Representative Jeannette James
Representative Lisa Murkowski
Representative Eric Croft
Representative Beth Kerttula
HOUSE MEMBERS ABSENT
All House members present
SENATE MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Dave Donley
Senator John Torgerson
Senator Johnny Ellis
SENATE MEMBERS ABSENT
Senator Rick Halford, Vice Chair
COMMITTEE CALENDAR
CONFIRMATION HEARINGS:
Violent Crimes Compensation Board
Colleen M. Murphy, M.D. - Anchorage
Leslie D. Wheeler - Wasilla
Stephen B. Wallace - Kodiak
- CONFIRMATIONS ADVANCED
Board of Governors of the Alaska Bar
Joseph N. Faulhaber - Fairbanks
- CONFIRMATION ADVANCED
Commission on Judicial Conduct
Dianne I. Brown - Anchorage
- CONFIRMATION ADVANCED
[NOTE: ADVANCED ONLY BY THE HOUSE JUDICIARY COMMITTEE]
Alaska Judicial Council
Sandra Stringer - Fairbanks
- NAME WITHDRAWN BY CANDIDATE
(* First public hearing)
PREVIOUS ACTION
No previous action to record
WITNESS REGISTER
COLLEEN MURPHY, M.D., Appointee
to the Violent Crimes Compensation Board
2811 Illiamna Avenue
Anchorage, Alaska 99517
Telephone: (Not provided)
POSITION STATEMENT: Testified on her appointment to the Violent
Crimes Compensation Board.
LESLIE D. WHEELER, Appointee
to the Violent Crimes Compensation Board
P.O. Box 878885
Wasilla, Alaska 99687
Telephone: (Not provided)
POSITION STATEMENT: Testified on her appointment to the Violent
Crimes Compensation Board.
JOSEPH N. FAULHABER, Appointee
to the Board of Governors of the Alaska Bar
105 Adak Avenue
Fairbanks, Alaska 99701
Telephone: (907) 457-2010
POSITION STATEMENT: Testified on his appointment to the Board of
Governors of the Alaska Bar.
STEPHEN B. WALLACE, Appointee
to the Violent Crimes Compensation Board
P.O. Box 4054
Kodiak, Alaska 99615
Telephone: (907) 487-2420
POSITION STATEMENT: Testified on his appointment to the Violent
Crimes Compensation Board.
ACTION NARRATIVE
TAPE 99-11, SIDE A
Number 2452
CHAIRMAN PETE KOTT called for a brief at-ease at 2:14 p.m. to
prepare for a joint meeting with the Senate Judiciary Standing
Committee. He called the meeting back to order at 2:15 p.m. and
turned the gavel over to Senator Robin Taylor, Chairman of the
Senate Judiciary Committee. House members present were
Representatives Kott, Green, James, Murkowski, Rokeberg, Croft, and
Kerttula. Senate members present were Senators Taylor, Donley,
Torgerson and Ellis.
CONFIRMATION HEARINGS: VIOLENT CRIMES COMPENSATION BOARD, BOARD OF
GOVERNORS OF THE ALASKA BAR, COMMISSION ON JUDICIAL CONDUCT, AND
ALASKA JUDICIAL COUNCIL
SENATOR TAYLOR indicated the purpose of the joint meeting today is
to hear the nominees for the Violent Crimes Compensation Board, the
Board of Governors of the Alaska Bar, the Commission on Judicial
Conduct, and the Alaska Judicial Council.
TAPE 99-11, SIDE B
Number 0001
SENATOR TAYLOR called on Colleen Murphy, M.D. to discuss her
appointment to the Violent Crimes Compensation Board.
Number 0010
COLLEEN MURPHY, M.D., Appointee to the Violent Crimes Compensation
Board, testified via teleconference from Anchorage. She is a
commissioned officer in the Indian Public Health Service and has
been in Alaska since 1987. She is an OB-GYN physician. Her
perspective on health is pretty global working with a multi-
disciplinarian group at the Alaska Native Medical Center. She was
offered the opportunity to serve on the board last year due to a
vacancy. She has attended three to four meetings so far which have
been very interesting. She appreciates the opportunity to
contribute to the board. It is a very difficult situation to face
and she considers it an honor to be given the opportunity to help
these people.
Number 0040
SENATOR TAYLOR thanked Dr. Murphy for her service and her
willingness to come forward.
SENATOR TAYLOR called on Leslie D. Wheeler to discuss her
appointment to the Violent Crimes Compensation Board.
Number 0076
LESLIE D. WHEELER, Appointee to the Violent Crimes Compensation
Board, testified via teleconference from Wasilla. She has been
serving on the board for a couple of years now. She was appointed
due to a vacancy. She currently serves as the chair of the board.
She has been working with domestic violence-sexual assault issues
for about 22 years. She was director of a shelter for eight and
one-half years. This opportunity has broadened her understanding
of victims' issues. She cited the board has been very active and
Ms. Murphy and Mr. Wallace are very committed members. Susan
Browne as administrator has also done a wonderful job. As a
result, there have been changes made to make the program more
accessible to victims throughout the state. The board has worked
hard to make sure that under-served populations are aware of the
program. The board also has a new web site. She reiterated she is
pleased with the progress of the program and feels honored to serve
on the board.
Number 0162
SENATOR TAYLOR thanked Ms. Wheeler for her participation today and
her service to the state.
SENATOR TAYLOR called on Joseph N. Faulhaber to discuss his
appointment to the Board of Governors of the Alaska Bar.
Number 0220
JOSEPH N. FAULHABER, Appointee to the Board of Governors of the
Alaska Bar, testified via teleconference from Hawaii. He was first
appointed by former-Governor Hickel and reappointed by Governor
Knowles. He has been serving on the board for five years now. He
appreciates the opportunity to provide input into the regulation of
a profession that greatly affects life and commerce in Alaska. It
has been an education to him and he would like to think that he has
contributed something to it.
Number 0246
SENATOR TAYLOR asked Mr. Faulhaber whether his background is mostly
in real estate.
MR. FAULHABER replied correct. He ran a real estate office in
Fairbanks for 23 years.
Number 0258
REPRESENTATIVE KERTTULA noted that she has served with Mr.
Faulhaber and Ms. Miklos. They are both terrific members of the
board. They have done an excellent job as the public members
ensuring that the profession is regulated in a way that the public
can be proud of. She recommends both of them highly.
Number 0281
SENATOR DONLEY asked Mr. Faulhaber the position he took on the
continuing legal education issue.
MR. FAULHABER replied he was in favor of it. The public assumes
that there is continuing legal education within the bar. The law
profession is no less important than real estate, accounting or any
other licensed profession by the government. He believes that
Alaska is one of 15 states that does not have continuing legal
education.
Number 0332
SENATOR DONLEY stated there were no guidelines on whether or not it
would have to be in a field that an attorney practices. Attorneys
tend to practice different areas and develop expertise as they go
into those different areas.
MR. FAULHABER stated the effectiveness would have come under the
regulation of it. The guidelines proposed for the law profession
were much more lenient. For example, the mandatory hours could
have been accomplished through video tapes or qualified pro bono
work. He assumed that an attorney would have chosen something that
would have been relevant to that attorney's practice.
SENATOR DONLEY stated another limitation was that an attorney would
have been required to take courses even though they wouldn't have
made a difference in the quality of that attorney's practice.
MR. FAULHABER stated he will not try to say it was a perfect
attempt at a regulation, but it was a step in the right direction.
Number 0415
REPRESENTATIVE GREEN asked Mr. Faulhaber why there appears to be
about a six-month to one-year hiatus in his appointment status.
MR. FAULHABER replied his appointment from Governor Knowles dragged
on. There was a referendum unanimously passed from the annual bar
meeting in Juneau asking for Governor Knowles to reappoint him to
the board. He has no explanation why the Governor didn't get
around to it.
Number 0463
SENATOR TAYLOR noted his appreciation of Mr. Faulhaber's
reappointment for continuity reasons. As a member who finds
himself subjected to this board, his major concern is the quality
within the bar - the only real sanction available within the
profession because the judiciary branch seems reticent to exercise
sanctions or discipline. He believes there needs to be a stronger
and more rigorous application of some of the bar rules. He said,
"It seems as though you can get away with practically with murder
and you can't seem to get disbarred. What you end up with is you
end up getting suspended for five years or like an attorney who
practices near me in Petersburg, Alaska he was suspended for three
years so he went out and hired himself a brand new attorney out of
law school and had that person practicing in his office and then he
was advisory to that person. Well, nothing ever slowed down. He
went on doing the same things that had brought him under bar
disciplinary processes and nobody really supervised it and nobody
ever said that's kind of bad. I think many of us get frustrated at
times with some of the activities we see going on out there as to
whether to even bring a complaint before the board of governors or
the bar association because very little seems to occur. And, when
it does it's more of a slap on the wrist than anything meaningful.
At least that's my feelings on it, and I know that's a very
difficult task to sit in judgement in those situations Mr.
Faulhaber, but I would really appreciate it as one member of this
profession that you maintain a very strong and high standard as far
as these actions are concerned. I know that you have done your
best and I appreciate that, I just wish to encourage you to do more
in the future if you can."
SENATOR TAYLOR thanked Mr. Faulhaber for his length of service and
his willingness to continue to service as a board member.
SENATOR TAYLOR noted that Barbara Miklos, Appointee to the Board of
Governors of the Alaska Bar, is traveling and won't be available
today; Dianne Brown, Appointee to the Commission on Judicial
Conduct, is not available today; and Sandra Stringer, Appointee to
the Alaska Judicial Council has withdrawn her name. He also noted
that Stephen Wallace, Appointee to the Violent Crimes Compensation
Board, had a court case today in Kodiak and will try to make it to
the meeting.
SENATOR TAYLOR entertained motions to advance the nominations
forward for further consideration.
Number 0673
SENATOR TORGERSON made a motion for the Senate Judiciary Committee
to move the nomination of Joseph N. Faulhaber to the Board of
Governors of the Alaska Bar forward for further consideration.
Number 0685
SENATOR DONLEY said: "I'm gonna object Mr. Chairman. I guess
first I'm suppose to declare a potential conflict of interest
because I'm a member of this organization, but I object. I declare
my conflict and move that I be excused from voting on this matter--
anything to do with the Alaska Bar."
REPRESENTATIVE CROFT asked Senator Taylor whether he will declare
a conflict of interest as well.
SENATOR TAYLOR replied that he has already made a statement about
it earlier.
SENATOR DONLEY stated that he has to ask.
SENATOR TAYLOR stated it has to be declared and if somebody wishes
to move it they can.
REPRESENTATIVE JAMES indicated there was a law written last year
changing that, but she can't remember the details.
SENATOR DONLEY stated it was changed, he thought, so that the
question had to be asked.
SENATOR TORGERSON made a motion to be removed from voting due to a
conflict of interest because he serves on a committee of the Alaska
Bar.
UNIDENTIFIED SPEAKER objected.
SENATOR DONLEY stated the new rule is to declare a conflict then
make a motion asking to be excused.
SENATOR TAYLOR ruled that a conflict is not sufficient to avoid
voting and called for a roll call vote to forward the confirmation
of Joseph N. Faulhaber. Senators Taylor, Ellis and Torgerson voted
in favor of the motion. Senator Donley voted against the motion.
Senator Halford was absent. The motion passed.
Number 0835
SENATOR TORGERSON made a motion for the Senate Judiciary Committee
to move the nominations of Collen M. Murphy, M.D. and Leslie D.
Wheeler to the Violent Crimes Compensation Board forward for
further consideration. There being no objection, they were so
moved.
CHAIRMAN KOTT indicated that Stephen B. Wallace is available now to
testify.
SENATOR TAYLOR called on him to discuss his appointment to the
Violent Crimes Compensation Board.
Number 0866
STEPHEN B. WALLACE, Appointee to the Violent Crimes Compensation
Board, testified via teleconference from Kodiak. He started going
to meetings in the later part of last year and found the staff to
be diligent in preparing information and the board seems to conduct
its business in an orderly fashion. He noted that there might be
some efforts this year to approach the legislature for amending
legislation, but he is not sure of the process. He expressed his
pleasure in serving on the board.
Number 0919
SENATOR DONLEY stated the board has seemed rather timid in the past
in asking the legislature for revisions. Past boards that were
told "no" by the executive branch dropped the issue even though the
board thought it was needed. He hopes that the board will come
directly to the legislature if it can't get the concurrence of the
executive branch. After all, a board is independent and not there
to serve the executive branch, but the people of the state.
MR. WALLACE acknowledged Senator Donley's comments. He doesn't
have any sense at this point that the other members of the board
are timid.
SENATOR TAYLOR thanked Mr. Wallace for his willingness to serve on
the board.
Number 0999
SENATOR TORGERSON made a motion for the Senate Judiciary Committee
to move the nomination of Stephen B. Wallace to the Violent Crimes
Compensation Board forward for further consideration. There being
no objection, it was so moved.
Number 1025
SENATOR TAYLOR turned the gavel over to Representative Pete Kott,
Chairman of the House Judiciary Standing Committee.
CHAIRMAN KOTT called on motions to advance the nominations forward
to the full House.
Number 1059
REPRESENTATIVE GREEN made a motion and asked unanimous consent for
the House Judiciary Committee to move the nomination of Joseph N.
Faulhaber to the Board of Governors of the Alaska Bar forward to
the full House.
REPRESENTATIVE CROFT noted that he is a member of the bar and asked
to be excused from voting on the nominations to the Board of
Governors of the Alaska Bar.
CHAIRMAN KOTT acknowledged the question and stated he would be
required to vote.
REPRESENTATIVE KERTTULA noted that she is a member of the bar and
asked to be excused from voting on the nominations to the Board of
Governors of the Alaska Bar.
CHAIRMAN KOTT acknowledged the question and stated she would be
required to vote.
REPRESENTATIVE MURKOWSKI noted that she is a member of the bar and
asked to be excused from voting on the nominations to the Board of
the Governors of the Alaska Bar.
CHAIRMAN KOTT acknowledged the question and stated she would be
required to vote.
CHAIRMAN KOTT asked whether there is any objection to the motion
stated. There being none, it was so moved.
Number 1127
REPRESENTATIVE GREEN made a motion for the House Judiciary
Committee to move the nomination of Colleen M. Murphy, M.D. to the
Violent Crimes Compensation Board forward to the full House. There
being no objection, it was so moved.
Number 1148
REPRESENTATIVE GREEN made a motion for the House Judiciary
Committee to move the nomination of Stephen B. Wallace to the
Violent Crimes Compensation Board forward to the full House. There
being no objection, it was so moved.
Number 1165
REPRESENTATIVE GREEN made a motion for the House Judiciary
Committee to move the nomination of Leslie D. Wheeler to the
Violent Crimes Compensation Board forward to the full House. There
being no objection, it was so moved.
Number 1193
REPRESENTATIVE ROKEBERG asked why the other nominations can't be
moved forward.
CHAIRMAN KOTT stated there might be some questions on a few of the
nominations.
Number 1223
REPRESENTATIVE MURKOWSKI asked, for clarification, whether Sandra
Stringer has withdrawn.
CHAIRMAN KOTT indicated that she has withdrawn.
REPRESENTATIVE MURKOWSKI asked whether there has been another name
forwarded.
CHAIRMAN KOTT replied he has not received another name at this
point.
Number 1243
REPRESENTATIVE ROKEBERG noted that he doesn't have an objection to
moving the other nominations, except for Barbara Miklos. He would
like to have her opinion on how she will balance her
responsibilities as a board member and director of the Child
Support Enforcement Division. He doesn't have a problem with her
personally, but her position is one of the hottest spots in the
state.
CHAIRMAN KOTT stated he doesn't have a problem forwarding the
nomination of Dianne I. Brown, if that is the will of the
committee.
Number 1292
REPRESENTATIVE ROKEBERG made a motion for the House Judiciary
Committee to move the nomination of Dianne I. Brown to the
Commission on Judicial Conduct forward to the full House. There
being no objection, it was so moved.
ADJOURNMENT
CHAIRMAN KOTT adjourned the Joint House and Senate Judiciary
Standing Committee meeting at 2:50 p.m.
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