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[NOTE: ADVANCED ONLY BY THE HOUSE JUDICIARY COMMITTEE] Alaska Judicial Council Sandra Stringer - Fairbanks - NAME WITHDRAWN BY CANDIDATE (* First public hearing) PREVIOUS ACTION No previous action to record WITNESS REGISTER COLLEEN MURPHY, M.D., Appointee to the Violent Crimes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.