SJR 10 ELECTION OF ATTORNEY GENERAL TUCKERMAN BABCOCK , legislative aide to Senator Green, sponsor of SJR 10, described materials included in committee members' packets. Similar legislation passed the House in the mid-1980's but failed by 5 votes in the Senate. Mr. Babcock noted the Governor and Attorney General have responded to SJR 10 in the media by saying the position of attorney general will be used as a stepping stone and that there will be the likelihood or possibility of partisan differences between the attorney general and governor. Both of those concerns are specifically addressed in SJR 10. Number 326 SENATOR PARNELL asked Mr. Babcock to elaborate on the requirement, at page 3, lines 14-16, that an attorney general not hold the office of governor or lieutenant governor until one full term has intervened. He noted the stepping stone argument can be made for any office, and questioned on what policy ground that requirement is being established for one office and not others. MR. BABCOCK replied that provision is an effort to accommodate concerns that had been raised that the attorney general's focus might unduly be on becoming governor. While that is a legitimate focus for any Alaskan to have, the primary purpose in pursuing the election of an attorney general is to focus his/her attention on representing the people on issues of particular importance. SENATOR PARNELL asked, if one presumes the worst motives, if the attorney general might actually be pursuing cases the public wants him or her to pursue? MR. BABCOCK replied public pressure could be positive. He explained Senator Green's primary concern is to establish an election for the office of the attorney general, not to require a time lapse between elections. SENATOR PARNELL stated he sees the same difficulties with other offices yet, as a policy matter, it is not of big enough concern to require a waiting period. MR. BABCOCK commented the lieutenant governor is elected specifically for the purpose of replacing the governor, if need be. The governor and lieutenant governor are the only offices elected on a statewide basis. Each legislator has duties that encompass the scope of state responsibilities. The attorney general would be dedicated toward upholding the Constitution and laws of the state, defending the state in any civil actions and prosecuting under any criminal action. The scope of the attorney general's responsibilities are more narrow than those of other elected officials of the state, that justifies encouraging the attorney general to focus just on those duties. Number 273 SENATOR PEARCE referred to a memo dated 3/11/85 to former Representative Fritz Pettyjohn from a legislative analyst and read the following: The major difference between Alaska's prosecutorial system and that of other states is that most states have elected local prosecutors whose job it is to investigate suspected criminal conduct and to prosecute. Thus, even with an appointed attorney general, there is always someone independent of the governor with authority to investigate and prosecute. The authority of the attorney general to intervene in local prosecutions provides a check and balance on local prosecutors...By contrast, in Alaska, the district attorneys are all employed by the attorney general, who in turn, serves at the will of the governor. SENATOR PEARCE asked, if a constitutional amendment passes, and the attorney general becomes an elected official, whether the Legislature will have to rewrite the statutes to decide what functions would change in that office. MR. BABCOCK commented at the time that memo was written, the State of Pennsylvania had recently undergone that transition. In SJR 10, Section 28 (c) describes the functions. The first elected attorney general would not take office until the end of 2002 which would leave plenty of time for the Legislature to address any necessary statutory changes. The question would be on the ballot in 1998, and those changes could be addressed during the next four years. Number 222 SENATOR PEARCE clarified the prosecutors would still be appointed, but would be appointed by yet another elected official. One would assume, if there is misconduct by a state official, the attorney general's staff would not be unwilling to prosecute. MR. BABCOCK confirmed that is how the system would work under SJR 10. CHAIRMAN TAYLOR commented he has historically opposed this type of legislation, with some exceptions, because he is concerned about creating another entity that has to spend a fortune to run for office and then not be able to move on from that office for a limited amount of time, although he agrees with the waiting period requirement. He created legislation two years ago to set up a Constitution Defense Council which would take a middle ground approach. That Council would act should the attorney general or governor fail to defend our State's Constitution. He believes there has been a pattern, with this Administration and Attorney General, to sell out the Constitution in favor of special interest groups that helped put them into office. He discussed the Attorney General's decision to dismiss the tribal status and Babbitt suits for political, rather than legal, purposes. Those dismissals forfeited major organic rights of the people of the State of Alaska and the cases were dropped solely to benefit a specific special interest group. CHAIRMAN TAYLOR specifically requested the Governor and/or Attorney General to appear before the committee and explain why the committee should not directly elect an attorney general, since it is the duty and responsibility of the Executive Branch to defend both its actions and the current constitutional framework under which they serve. If, in fact, the Governor is contemplating vetoing such legislation, then the appropriate place for that debate is in the public forum of the Legislature. If this legislation is to have any merit at all, it can only be because those currently serving have misused the position to such an extent that there may be no other alternative but to turn to the people to decide on a direct election of that office. CHAIRMAN TAYLOR noted his intention to hold the bill for one week so that the Governor and/or Attorney General's presence can be requested. MR. BABCOCK thanked the committee for hearing the bill in such a timely manner, and supported the Chairman's intention to hold the bill for one week. He reviewed testimony of former Attorney General Norm Gorsuch, who was opposed to the election of the attorney general.