Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/23/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HJR15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HCR 3 | TELECONFERENCED | |
| + | HJR 15 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 23, 2015
1:34 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Peter Micciche
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE CONCURRENT RESOLUTION NO. 3(RLS)
Urging the governor and the attorney general to pursue all legal
and legislative options to open the coastal plain of the Arctic
National Wildlife Refuge and areas of the Chukchi and Beaufort
Seas to oil and gas exploration, development, and production.
- SCHEDULED BUT NOT HEARD
CS FOR HOUSE JOINT RESOLUTION NO. 15(JUD)
Denouncing the decision to reverse the suspensions of the
federal prosecutors who intentionally withheld evidence of
innocence from the defense of Senator Ted Stevens; and honoring
the service of Senator Ted Stevens.
- MOVED CSHJR 15(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 15
SHORT TITLE: HONOR TED STEVENS; DISCIPLINE PROSECUTORS
SPONSOR(s): RULES BY REQUEST
02/13/15 (H) READ THE FIRST TIME - REFERRALS
02/13/15 (H) JUD
02/27/15 (H) JUD AT 1:00 PM CAPITOL 120
02/27/15 (H) Moved CSHJR 15(JUD) Out of Committee
02/27/15 (H) MINUTE(JUD)
03/04/15 (H) JUD RPT CS(JUD) 4DP 1NR
03/04/15 (H) DP: MILLETT, GRUENBERG, LYNN, KELLER
03/04/15 (H) NR: CLAMAN
03/11/15 (H) TRANSMITTED TO (S)
03/11/15 (H) VERSION: CSHJR 15(JUD)
03/13/15 (S) READ THE FIRST TIME - REFERRALS
03/13/15 (S) JUD
03/23/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE BOB HERON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HJR 15.
TIM MCKEEVER, representing himself
Seattle, Washington
POSITION STATEMENT: Testified in support of HJR 15.
ACTION NARRATIVE
1:34:20 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Costello, Micciche, and Chair McGuire.
HJR 15-HONOR TED STEVENS; DISCIPLINE PROSECUTORS
1:34:23 PM
CHAIR MCGUIRE announced the consideration of HJR 15, a
resolution denouncing the decision to reverse the suspensions of
the federal prosecutors who intentionally withheld evidence of
innocence from the defense of Senator Ted Stevens; and honoring
the service of Senator Ted Stevens. [CSHJR 15(JUD) was before
the committee.]
1:34:45 PM
REPRESENTATIVE BOB HERON, sponsor of HJR 15, introduced the
legislation speaking to the following sponsor statement:
Senator Stevens contributions to the state are
obviously too long to list, but included helping to
craft key federal legislation that has immensely
benefited Alaska, such as the Alaska Native Claims
Settlement Act, the Trans-Alaska Pipeline
Authorization Act, and the Magnuson-Stevens Fishery
Conservation and Management Act.
On July 29, 2008, Alaskan Senator Theodore Fulton
"Ted" Stevens, Sr., was wrongfully indicted for
allegedly failing to disclose the value of renovations
to his cabin. After trial, Attorney General of the
United States, Eric Holder, asked that the verdict be
set aside when it was discovered that federal
prosecutors unlawfully withheld exonerating evidence
from the defense. Judge Sullivan subsequently
appointed a special counsel to investigate the
prosecutors. On May 23, 2012, United States Associate
Deputy Attorney General Scott N. Schools issued a
final decision approving the disciplinary action
proposed by Kevin Ohlson, chief of the Professional
Misconduct Review unit, that federal prosecutor Joseph
Bottini be suspended for 45 days and federal
prosecutor James Goeke be suspended for 15 days. On
January 2, 2015 the United States Merit Systems
Protection Board upheld a 2013 ruling by an
administrative judge finding that the United States
Department of Justice violated its own rules when it
suspended prosecutors Joseph Bottini and James Goeke.
HJR 15 Resolves that the Alaska State Legislature:
• Supports the full and fair exoneration of Senator
Ted Stevens;
• Denounces the decision to reverse the suspensions of
the federal prosecutors who intentionally withhold
evidence from the defense of Senator Stevens;
• Requests the Alaska Bar Association determine
whether federal prosecutors in the Stevens case
violated the Alaska Rules of Professional Conduct;
• Honors the distinguished leadership of Senator
Stevens to the State of Alaska on many issues that the
state still faces today; and
• Further honors the importance of Senator Stevens'
service and legacy as a vital part of the history of
the State of Alaska.
1:35:58 PM
SENATOR WIELECHOWSKI and SENATOR COGHILL joined the committee.
CHAIR MCGUIRE highlighted a possible conflict of interest
because she had worked for Senator Stevens.
She described the first resolve on page 3 as particularly
important, denouncing the decision to reverse the suspensions of
the federal prosecutors who intentionally withheld evidence.
It's important that citizens know that there is recourse if the
government's powers to investigate and prosecute are used for
political purposes or to unfairly prosecute an American, she
said.
1:38:51 PM
SENATOR COGHILL thanked the sponsor and expressed particular
appreciation that the Alaska Bar Association is asked to
determine whether any prosecutors in the Stevens case violated
the Alaska Rules of Professional Conduct. He said he appreciated
that the late Senator Stevens looked out for Alaskans
individually.
1:39:50 PM
TIM MCKEEVER, representing himself Seattle, Washington,
testified in support of HJR 15. He explained that the
prosecutors who clearly violated their obligations appealed the
sanctions imposed by the Department of Justice. Because of a
procedural error, the appellate review resulted in a
determination that the sanctions could not be imposed. The
effect is that the prosecutors got away without being penalized.
He opined that it is appropriate for the legislature to chastise
the conduct that resulted in those problems and to recognize
Senator Steven's role serving Alaska.
CHAIR MCGUIRE found no further testifiers and closed public
testimony of HJR 15.
1:41:36 PM
REPRESENTATIVE HERRON highlighted that Representative Gruenberg
also worked for Senator Stevens. He related that just before
Senator Stevens was indicted he called an all employees
teleconference and showed such strength that everyone was
speechless. He cautioned that if this can happen to arguably one
of the most powerful Alaskans that has ever served the state, it
could happen to anyone.
CHAIR MCGUIRE said what bothered her the most was the
potentially chilling effect it might have on lawmakers willing
to take strong issues. That's why it's important that the powers
of all three branches of government are kept in check, she said.
SENATOR MICCICHE said this case shook his confidence in the
system. He opined that this should be a test case for
prosecutors going forward, because it changed history.
1:44:59 PM
SENATOR COGHILL motioned to report CS for HJR 15 from committee
with individual recommendations and attached zero fiscal
note(s).
CHAIR MCGUIRE announced that without objection, CSHJR 15(JUD) is
reported from the Senate Judiciary Standing Committee.
1:45:35 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 1:45 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1 HJR15 Sponsor Statement.pdf |
SJUD 3/23/2015 1:30:00 PM |
HJR 15 |
| 2 HJR CSHJR15 Version L.pdf |
SJUD 3/23/2015 1:30:00 PM |
|
| 3 HJR15 - Summary of Changes (for Senate JUD).pdf |
SJUD 3/23/2015 1:30:00 PM |
|
| 4 HJR15 Fiscal Note #1.pdf |
SJUD 3/23/2015 1:30:00 PM |
|
| 5 HJR 15 - House JUD Committee Report.pdf |
SJUD 3/23/2015 1:30:00 PM |