SJR 14-ELECTION OF ATTORNEY GENERAL SJR 32-CONST. AM: ELECTED ATTORNEY GENERAL CHAIRMAN TAYLOR stated this matter was before the committee last year, and a committee substitute, version G, was adopted prohibiting any person elected as attorney general (AG) from using that position as a platform to run for governor. Any person holding the office will have to wait one full year before filing for the Office of Governor. The AG will also have the same residency requirements as the governor, and he must be licensed to practice law and have practiced for at least five years. SENATOR WARD, sponsor of SJR 14, stated that currently the AG does not function as the attorney for the people of Alaska. The people should have their own AG and not one that works at the discretion of the governor. Other states have elected AG's, and the debate is whether or not the State of Alaska should elect its AG. Senator Ward feels that Alaska should. Number 380 SENATOR DONLEY commented he supports the concept of an elected AG. The question is how to structure such a proposal in the constitution. SENATOR DONLEY said that one proposal has given the elected AG some insulation from the governor by allowing him to control his own department. The other proposal would leave the constitution the way it is, the governor controlling the Department of Law but the AG will be elected. SENATOR WARD stated he prefers that the AG be in charge of the Department of Law, giving him the most freedom in representing the people of Alaska. Number 668 SENATOR KELLY, sponsor of SJR 32, stated his bill only addresses whether or not the people of Alaska want an elected AG. The office of attorney general is a statutory creation, therefore, the legislature has purview to address the changes as it sees fit. SJR 32 does not address the statutory changes that may result from this legislation. CHAIRMAN TAYLOR stated he believes this debate needs to take place, and SJR 14 is probably the version that will come out of committee. He said the committee will be happy to work with Senator Kelly if he has any modifications he wants considered. Number 770 SENATOR DONLEY said he likes the simplicity of SJR 32, and he also appreciates the comprehensive approach of SJR 14. A problem is created by statute allowing the governor to issue an executive order on "do statutes" concerning the executive branch. The executive branch can simply issue an order changing that law. The committee can specify, constitutionally, how the powers should be delineated so it cannot be changed by executive order. CHAIRMAN TAYLOR noted this is why he likes CSSJR 14 (JUD), which was adopted last year. Section 1 of the bill addresses this question with the words: Reorganization. (a) Except as provided in (b) of this section. By placing this in the constitution, it "excepts out" the AG from his executive authority and the governor will no longer have the authority to make these changes. Chairman Taylor noted that SJR 32 does not list the qualifications of the AG, but the committee feels there is a need to do so. One qualification should be a residency requirement of one year. SENATOR TORGERSON wondered which bill had the best chance of passing on the Senate floor. He noted that SJR 32 is the shortest version and because of the Bess v. Ulmer decision it may have the best chance of passing. Number 952 CHAIRMAN TAYLOR stated the committee has looked at this issue before and it is probably time to move it through the process. He stated it might be wise to consider another alternative--a statutory change necessary for restructuring the AG's office, making it more accountable to the legislature and the people of Alaska. MR. MARK JOHNSON, speaking on his behalf, said the committee needs to determine whether representation of the state before state and federal courts is currently headed in the right direction, or whether the legislature wants to afford the AG constitutional status. Both resolutions will give the AG constitutional status. MR. JOHNSON commented that the most important question to ask is what powers will the AG and the Department of Law have. Neither resolution sets forth what Senator Ward considers important--that the attorney general represents the state and the people. Page two of SJR 14, section 28, subsection (c) lays out the responsibilities of the AG but does not define to whom the AG owes an obligation. MR. JOHNSON noted that the final settlement authority on behalf of the State of Alaska in litigation does not rest with a department head, it rests with the AG. This is contrary to what exists in private industry and most legal situations where the AG is an agent of a client. In Alaska this situation is different. The decision on whether or not to settle litigation, in which a department is involved, does not rest with the commissioner but with the AG. Number 1445 CHAIRMAN TAYLOR asked Mr. Johnson who he thinks should make that decision--the legislature, the commissioner or the governor. Who will the AG be responsible to and who will be his client? Number 1620 SENATOR TORGERSON asked if by electing the AG is the power of defending state rights transferred out of the executive branch or will litigation rest solely with the AG. MR. JOHNSON answered that the statutes will need to be addressed in this situation. Through the appropriation process the AG's settlement authority may be limited. CHAIRMAN TAYLOR asked if by putting the AG in the constitution will the legislature accomplish the shift of power so that the people, the legislature or the governor can become a client of the AG. MR. JOHNSON responded that he has exchanged information with a law professor at George Mason University Law School who has referred him to an article addressing this issue but he has not had the chance to read it. CHAIRMAN TAYLOR commented Alaska's AG has always worked for the governor which leaves the legislature without counsel, and he would like the committee to look at these issues more before moving the bill out of committee. MR. JOHNSON commented the committee will have to make sure the language is explicit in defining the responsibilities of the AG and this can be addressed in sec. 28, subsec. 2 of SJR 14. CHAIRMAN TAYLOR asked Mr. Johnson to review the article he mentioned and to look at how other states are sharing this power. MR. JOHNSON responded he would send the committee the requested information within a week. CHAIRMAN TAYLOR and SENATOR TORGERSON thanked Mr. Johnson for his testimony. With no further testimony, CHAIRMAN TAYLOR adjourned the meeting at 2:20.