HB 49-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE  1:47:34 PM CHAIR CLAMAN announced that the final order of business would be HOUSE BILL NO. 49 "An Act relating to criminal law and procedure; relating to controlled substances; relating to probation; relating to sentencing; relating to reports of involuntary commitment; amending Rule 6, Alaska Rules of Criminal Procedure; and providing for an effective date." CHAIR CLAMAN read from the following prepared statement [original punctuation provided]. Before we take up HB 49, I'd like to share my concerns about two topics: First, I was troubled to learn that yesterday, Governor Dunleavy refused to fill an Alaska Superior Court vacancy in Palmer as required by the Alaska Constitution and state law. Article IV, Section 5 of the Alaska Constitution states: "The governor shall fill any vacancy in an office of supreme court justice or superior court judge by appointing one of two or more persons nominated by the judicial council." Alaska Statute 22.15.170. requires the Governor to select a judge from that list within 45 days. The oath that I take to serve in this office requires that I swear to uphold "the Constitution of the United States and the Constitution of the State of Alaska." The Governor took the same oath to serve as Governor. The authors of Alaska's Constitution believed that it was important to have judges who were honest, fair, impartial, intelligent, experienced in applying the law, and committed to following the rule of law. To achieve this, framers of our Constitution established a merit selection system for choosing judges and a retention election system for retaining them. Merit selection ensures that the Council has conducted an apolitical evaluation of the applicant's professional qualifications and every judge is among the most qualified for that position. By refusing to select from the list of qualified candidates nominated by the Judicial Council, the Governor is failing to uphold the Alaska Constitution. The Governor's inaction in unprecedented in Alaska history. Both Gov. Hickel and Gov. Murkowski were sometimes unhappy with nominations from the Judicial Council. But each time, despite their dissatisfaction with the choices before them, they respected the Rule of Law by appointing a judge within 45 days, as required by law. Governor Dunleavy has failed to follow the Rule of Law. Second, I am troubled by the news of travel restrictions placed on Quinlan Steiner, the Public Defender. We recently learned at a House State Affairs Committee hearing, that the Department of Administration forwarded Mr. Steiner's travel request to the Governor's office and the Governor's Chief of Staff denied all travel for the remainder of the legislative session. There appears to be no precedent in Alaska history in which the Governor authorized prosecutors to travel to Juneau to testify on crime bills, but refused the same courtesy and privilege to the Public Defender. Having the perspective of both the Department of Law and the Public Defender when reviewing any bills related to public safety is crucial. And my experience in the capitol has shown me, again and again, that [appearing in person] is an advantage. CHAIR CLAMAN interjected and said, I am reminded of a very experienced prosecutor who once said to me that one of the best parts about the American system of justice is almost everyone who is convicted is guilty, and thats a part of having a two-sided perspective. CHAIR CLAMAN continued reading from his prepared statement [original punctuation provided]: Because I am firmly committed to a fair and open process with a level field, we will continue our hearing on House Bill 49 on Monday. Moving forward, all Anchorage-based staff with the Administration providing testimony on any public safety bills will only be heard telephonically until the Governor's office decides to approve the Public Defender's travel [to Juneau]. [HB 49 was held over.]