ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 13, 2009                                                                                         
                           1:37 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Attorney General                                                                                                              
                                                                                                                                
     WAYNE ANTHONY ROSS - Anchorage                                                                                             
      - NAME ADVANCED                                                                                                           
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 49(JUD) AM                                                                              
"An Act relating to the prohibition  of the exercise of the power                                                               
of  eminent  domain  against a  recreational  structure  for  the                                                               
purposes of developing a recreational facility or project."                                                                     
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 156                                                                                                             
"An  Act  relating  to  the  Interstate  Compact  for  Juveniles;                                                               
relating to the  State Council for Interstate  Adult and Juvenile                                                               
Offender Supervision;  amending Rules  4 and 24(b),  Alaska Rules                                                               
of Civil Procedure; and providing for an effective date."                                                                       
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 54                                                                                                              
"An  Act  making sales  of  and  offers  to sell  certain  energy                                                               
resources  by  a  refiner  at   prices  that  are  exorbitant  or                                                               
excessive an  unlawful act  or practice  under the  Alaska Unfair                                                               
Trade Practices and Consumer Protection Act."                                                                                   
     MOVED CSSB 54(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  54                                                                                                                  
SHORT TITLE: PRICE GOUGING INVOLVING ENERGY RESOURCES                                                                           
SPONSOR(s): SENATOR(s) WIELECHOWSKI, ELLIS, FRENCH                                                                              
                                                                                                                                
01/21/09       (S)       PREFILE RELEASED 1/16/09                                                                               
01/21/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/09       (S)       ENE, RES, JUD                                                                                          
02/12/09       (S)       ENE AT 11:00 AM BUTROVICH 205                                                                          
02/12/09       (S)       Heard & Held                                                                                           
02/12/09       (S)       MINUTE(ENE)                                                                                            
03/13/09       (S)       ENE AT 11:00 AM BUTROVICH 205                                                                          
03/13/09       (S)       Moved CSSB  54(ENE) Out of Committee                                                                   
03/13/09       (S)       MINUTE(ENE)                                                                                            
03/16/09       (S)       ENE RPT CS  1DP 3NR  SAME TITLE                                                                        
03/16/09       (S)       DP: WIELECHOWSKI                                                                                       
03/16/09       (S)       NR: MCGUIRE, KOOKESH, STEDMAN                                                                          
03/16/09       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
03/18/09       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/18/09       (S)       Heard & Held                                                                                           
03/18/09       (S)       MINUTE(RES)                                                                                            
03/27/09       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/27/09       (S)       Moved CSSB  54(RES) Out of Committee                                                                   
03/27/09       (S)       MINUTE(RES)                                                                                            
03/30/09       (S)       RES RPT CS  2DP 2NR 1AM   NEW TITLE                                                                    
03/30/09       (S)       DP: WIELECHOWSKI, FRENCH                                                                               
03/30/09       (S)       NR: MCGUIRE, STEVENS                                                                                   
03/30/09       (S)       AM: HUGGINS                                                                                            
04/03/09       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
04/03/09       (S)       EMINENT DOMAIN: RECREATIONAL STRUCTURES                                                                
04/10/09       (S)       JUD AT 1:30 PM BELTZ 211                                                                               
04/10/09       (S)       Heard & Held                                                                                           
04/10/09       (S)       MINUTE(JUD)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WAYNE ANTHONY ROSS, Attorney General Appointee                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified as Appointee to the position of                                                                
Attorney General.                                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:37:52 PM                                                                                                                    
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing                                                                      
Committee meeting to order at 1:37 p.m. Present at the call to                                                                  
order were Senators Wielechowski, Therriault and French.                                                                        
                                                                                                                                
^Confirmation - Wayne Anthony Ross - Attorney General                                                                           
      Confirmation - Wayne Anthony Ross - Attorney General                                                                  
                                                                                                                                
1:38:00 PM                                                                                                                    
CHAIR  FRENCH  announced  the continuation  of  the  confirmation                                                               
hearing  for  Wayne Anthony  Ross  to  the position  of  Attorney                                                               
General for the State of Alaska.  He explained that he would pose                                                               
questions on a  number of topics, but he didn't  intend to replow                                                               
any ground  that had  been covered  in this  committee's previous                                                               
hearing or by the House Judiciary Committee.                                                                                    
                                                                                                                                
CHAIR FRENCH  asked Mr. Ross what  years he put his  name forward                                                               
to be a judge.                                                                                                                  
                                                                                                                                
WAYNE ANTHONY  ROSS, Appointee, Attorney General,  replied it was                                                               
probably three  or four  years ago;  once for  a position  on the                                                               
state supreme court and once for the court of appeals.                                                                          
                                                                                                                                
CHAIR  FRENCH asked  him to  comment  on the  overall ratings  he                                                               
received in the  two bar polls. He  noted that one was  a 2.9 and                                                               
the other was a 2.8, which is just short of acceptable.                                                                         
                                                                                                                                
1:40:45 PM                                                                                                                    
MR. ROSS related that he  was told that his application generated                                                               
the highest  number of positive  comments and the  highest number                                                               
of negative  comments of any  applicant. He said he  doesn't know                                                               
what  that means,  but he's  practiced law  for 40  years and  he                                                               
wasn't  there  to win  a  popularity  contest.  He was  there  to                                                               
represent his clients.  When you take public  positions on issues                                                               
the people who disagree with you  remember that, he said. I'm not                                                               
surprised, he added.                                                                                                            
                                                                                                                                
CHAIR  FRENCH  asked if  [Alaska  Supreme  Court Justice]  Robert                                                               
Eastaugh is a conservative.                                                                                                     
                                                                                                                                
MR. ROSS  replied he  though so  when they  first met  many years                                                               
ago.  "Some of  his  decisions  - I  wouldn't  think  that he  is                                                               
anymore," he added.                                                                                                             
                                                                                                                                
CHAIR  FRENCH  asked if  [former  Alaska  Supreme Court  Justice]                                                               
Daniel A. Moore was a conservative.                                                                                             
                                                                                                                                
MR. ROSS replied, "I thought he was."                                                                                           
                                                                                                                                
1:42:38 PM                                                                                                                    
CHAIR FRENCH  said you wrote  a letter in  1993 to the  "Bar Rag"                                                               
and referred  to homosexuals  as degenerates.  He asked,  "Do you                                                               
still hue to that view Mr. Ross? Are homosexuals degenerates?"                                                                  
                                                                                                                                
MR. ROSS replied:                                                                                                               
     My job is  to be the Attorney General for  the State of                                                                    
     Alaska   and  represent   all  Alaskans.   My  personal                                                                    
     opinions in that  regard have no place …  and I decline                                                                    
     to state  my opinion.  I represent all  Alaskans. Years                                                                    
     ago  I   didn't  represent  all  Alaskans.   There's  a                                                                    
     difference.                                                                                                                
                                                                                                                                
CHAIR FRENCH  said this  is an opportunity  to disavow  that view                                                               
and asked if he is declining the opportunity.                                                                                   
                                                                                                                                
MR. ROSS replied:                                                                                                               
     I represent all Alaskans and  I intend to represent all                                                                    
     Alaskans. My personal opinion means  nothing. I think I                                                                    
     said last  week that I don't  like lima beans and  if I                                                                    
     represented  the United  Vegetable Growers,  I probably                                                                    
     wouldn't  come out  and  say I  don't  like lima  beans                                                                    
     because I have clients. I  have a client that's all the                                                                    
     people of the state of  Alaska and that's who I'm going                                                                    
     to  be  representing.  It  doesn't  matter  what  their                                                                    
     sexual orientation is.                                                                                                     
                                                                                                                                
1:44:00 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if it's  appropriate for  an attorney                                                               
general to refer to a group of people as degenerates or immoral.                                                                
                                                                                                                                
MR. ROSS replied,  "No, that's why I have  the attorney general's                                                               
hat on. No I don't."                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked  if he still adheres  to the statement                                                               
he made years  ago when he said homosexuals  were degenerates and                                                               
immoral.                                                                                                                        
                                                                                                                                
MR. ROSS replied, "I was not attorney general at that time."                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI said, "That's not  the question I asked you.                                                               
I  just asked  you a  simple question  whether or  not you  still                                                               
adhere to that position."                                                                                                       
                                                                                                                                
MR. ROSS replied:                                                                                                               
     I  thought  I answered  that  with  Senator French.  My                                                                    
     answer  was  it's  not  appropriate  for  the  attorney                                                                    
     general  to label  Alaskans one  way or  another unless                                                                    
     they're  criminals. And  I'm not  going to  answer that                                                                    
     question. I represent all Alaskans.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  said, "I'm  asking if  you still  adhere to                                                               
that position."                                                                                                                 
                                                                                                                                
1:44:52 PM                                                                                                                    
MR. ROSS responded that he took  the oath as attorney general and                                                               
he isn't going to say what his personal opinions are.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  he  is  refusing to  answer  the                                                               
question.                                                                                                                       
                                                                                                                                
MR. ROSS replied that's correct, but  it doesn't mean we can't be                                                               
friends.                                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  replied  it  doesn't mean  that,  but  I'm                                                               
trying to  evaluate your qualifications  for the  position. "When                                                               
you  call a  group of  people  degenerates, I'm  curious to  know                                                               
whether  you  still  adhere  to   that  viewpoint.  And  by  your                                                               
reluctance to answer the question I take it that's a yes."                                                                      
                                                                                                                                
MR. ROSS  responded you can take  it however you want  but I took                                                               
an oath  that says  I represent  all Alaskans  and that's  what I                                                               
intend to do.                                                                                                                   
                                                                                                                                
1:45:32 PM                                                                                                                    
SENATOR  THERRIAULT said  if as  attorney general  he would  take                                                               
steps to protect  the legal or constitutional rights  of gays and                                                               
lesbians as Alaska citizens.                                                                                                    
                                                                                                                                
MR. ROSS replied he absolutely would.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked  if he would take steps  to uphold the                                                               
rights of  a group of people  he considers to be  degenerates and                                                               
immoral.                                                                                                                        
                                                                                                                                
MR. ROSS said, "Absolutely."                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI asked if he's  telling the committee that as                                                               
attorney general he  would defend a group of  people he considers                                                               
to be degenerates.                                                                                                              
                                                                                                                                
MR.  ROSS  replied, "If  the  law  gives certain  people  rights,                                                               
that's my job."                                                                                                                 
                                                                                                                                
1:46:29 PM                                                                                                                    
CHAIR FRENCH highlighted  the 2/10/09 letter that  Mr. Ross wrote                                                               
and sent to all Senate members  in response to the Senate passing                                                               
a  contempt  resolution  regarding  the  witnesses  who  did  not                                                               
respond when they were subpoenaed. He asked Mr. Ross if he had a                                                                
copy of the letter.                                                                                                             
                                                                                                                                
MR. ROSS said yes he did have a copy. He continued:                                                                             
     You  did get  the letter  - I'm  glad that  you got  it                                                                    
     because I  never got a response  to it. So I'm  glad to                                                                    
     see that you got it and I'm happy to discuss it.                                                                           
                                                                                                                                
CHAIR FRENCH asked Mr. Ross to elaborate on the statement he                                                                    
made in paragraph two of his 2/10/09 letter. He read:                                                                           
     But some  legislators chose to hire  Steve Branchflower                                                                    
     to  handle that  investigation and,  as you  are aware,                                                                    
     [speaking  to  all  the  members   of  the  Senate]  he                                                                    
     subpoenaed  a   number  of  state  employees   to  give                                                                    
     testimony on the issue.                                                                                                    
                                                                                                                                
MR. ROSS replied, "No, I think that's fairly clear. That's my                                                                   
understanding of what took place."                                                                                              
                                                                                                                                
CHAIR FRENCH asked if he is aware of the error in that sentence.                                                                
                                                                                                                                
MR. ROSS said no.                                                                                                               
                                                                                                                                
CHAIR FRENCH asked, "You are not aware that Mr. Branchflower did                                                                
not have subpoena powers?"                                                                                                      
                                                                                                                                
MR. ROSS replied:                                                                                                               
     Yes,  but  he  acted  through  the  legislature  in  my                                                                    
     opinion, and he wanted people  to come - sure. That's a                                                                    
     wordsmith there. Remember, the  only information I have                                                                    
     is what  I read in the  paper so if there's  errors you                                                                    
     may have to attribute it to the papers.                                                                                    
                                                                                                                                
CHAIR FRENCH asked if he represented a client in this matter.                                                                   
                                                                                                                                
MR. ROSS replied he did.                                                                                                        
                                                                                                                                
CHAIR FRENCH asked, "You did not attend the Senate Judiciary                                                                    
Committee hearings when the subpoenas were issued?"                                                                             
                                                                                                                                
MR. ROSS replied he did not.                                                                                                    
                                                                                                                                
CHAIR FRENCH asked, "You did not follow that matter closely?"                                                                   
                                                                                                                                
MR. ROSS replied, "No, I heard about it after that whole thing                                                                  
took place - I got involved later."                                                                                             
                                                                                                                                
CHAIR  FRENCH asked  if it  was an  intentional error  to suggest                                                               
that Mr. Branchflower subpoenaed anybody.                                                                                       
                                                                                                                                
MR. ROSS replied:                                                                                                               
     I don't know  that it's intentionally an  error at all.                                                                    
     …As  I understand  it, the  subpoena came  out and  the                                                                    
     people were supposed to come  talk to Mr. Branchflower.                                                                    
     If  they  were supposed  to  appear  in front  of  this                                                                    
     committee, that's  something else  again. But  if there                                                                    
     was  an error,  you  got  the letter  on  the tenth  of                                                                    
     February 2009;  it's now the  thirteenth of  April. You                                                                    
     had over 60 days to correct  that error on my part. You                                                                    
     didn't bother  even to answer,  so it's a  little tough                                                                    
     to  come  after me  in  the  middle  of a  hearing  for                                                                    
     confirmation when you could have  corrected my errors a                                                                    
     long time ago.                                                                                                             
                                                                                                                                
1:49:36 PM                                                                                                                    
CHAIR FRENCH responded,  "I guess I see it  differently. I didn't                                                               
ask  for this  letter. You  sent  it to  all the  members of  the                                                               
Senate. You didn't address it to me sir. Did you?"                                                                              
                                                                                                                                
MR. ROSS  replied, "I believe  the original letter  came directly                                                               
to you  and I asked  you to distribute it  to all the  members of                                                               
the Senate and your office refused."                                                                                            
                                                                                                                                
CHAIR FRENCH asked, "Yes or no, is my name on this letter?"                                                                     
                                                                                                                                
MR. ROSS  replied, "I think it  says 'Senator.' Your name  is not                                                               
specifically  on that  letter. Whether  your name  is on  another                                                               
copy of the letter I don't know, but it's not on this copy."                                                                    
                                                                                                                                
1:50:02 PM                                                                                                                    
CHAIR FRENCH asked  if he is aware of the  error in the following                                                               
sentence that's at the bottom of page 2:                                                                                        
     The  Senate should  not have  ordered and  paid for  an                                                                    
     investigation by  outside counsel for what  appeared to                                                                    
     be political purposes.                                                                                                     
                                                                                                                                
MR. ROSS said no, but I'm willing to be educated.                                                                               
                                                                                                                                
CHAIR FRENCH asked  if he is aware that the  Senate did not begin                                                               
the investigation.                                                                                                              
                                                                                                                                
MR.   ROSS  replied   I   didn't  say   the   Senate  began   the                                                               
investigation.                                                                                                                  
                                                                                                                                
CHAIR FRENCH asked if he's  aware that the Senate neither ordered                                                               
nor paid for an investigation.                                                                                                  
                                                                                                                                
MR.  ROSS   replied,  "It's  my   understanding  that   that  you                                                               
appropriated $100,000  for an investigation and  you directed Mr.                                                               
Branchflower to do it."                                                                                                         
                                                                                                                                
CHAIR  FRENCH  said  that  is  your  second  error;  it  was  the                                                               
Legislative   Council  that   ordered  the   investigation.  That                                                               
committee is composed of members from both bodies.                                                                              
                                                                                                                                
MR. ROSS said, "Good."                                                                                                          
                                                                                                                                
1:51:54 PM                                                                                                                    
CHAIR FRENCH stated:                                                                                                            
     You cite several cases in  your letter - Moss v. State,                                                                  
     Taylor  v.  District   Court,  4th  Judicial  District,                                                                  
     Stadler v. State.  I took the time to  read those cases                                                                  
     and I found  that they are all  about criminal contempt                                                                    
     coming  from a  court  and I'm  curious  about why  you                                                                    
     chose  that  as  an  analogy  given  that  we  are  the                                                                    
     legislature and not a court. Can you comment on that?                                                                      
                                                                                                                                
MR. ROSS replied:                                                                                                               
     Yes,  you found  those people  in contempt  and it  was                                                                    
     more of  a criminal contempt  than a civil  contempt. A                                                                    
     civil  contempt is  a contempt  that you  impose in  an                                                                    
     effort to coerce  people to do something.  And they can                                                                    
     purge  themselves  from  contempt  by  doing  what  you                                                                    
     direct them to do. A  criminal contempt is the contempt                                                                    
     in which  you seek  to punish  them for  something they                                                                    
     did in the past. They  don't have any method of purging                                                                    
     themselves from  that criminal contempt. So  it's quite                                                                    
     clear  that your  finding -  you weren't  attempting to                                                                    
     coerce  them to  do something.  You were  attempting to                                                                    
     punish them  even if it  be a punishment of  just being                                                                    
     found  to  be  in  contempt  of  the  legislature.  The                                                                    
     criminal  aspects just  seemed a  lot more  appropriate                                                                    
     than any civil contempt.                                                                                                   
                                                                                                                                
CHAIR FRENCH clarified that his  question was not about the legal                                                               
technicalities of  whether it was  civil or criminal. He  said my                                                               
question was why you chose to  analogize Senate powers to a court                                                               
because  the  analogy  is  more  appropriate  to  the  powers  of                                                               
Congress.  "We're   a  legislative   body.  You   understand  the                                                               
difference of course and I'm asking  why you didn't look up cases                                                               
relating to Congress's power of contempt."                                                                                      
                                                                                                                                
MR. ROSS responded, "I represented an individual - a state                                                                      
employee who should have never been involved in a battle…"                                                                      
                                                                                                                                
CHAIR FRENCH asked Mr. Ross to answer the question about                                                                        
Congress's power of contempt.                                                                                                   
                                                                                                                                
MR. ROSS responded:                                                                                                             
     If you're not  interested in my answer  that's fine. If                                                                    
     you want my answer I'll  give it. But your question was                                                                    
     why did I  look up certain cases and not  look up other                                                                    
     cases. I  was prepared to  answer that question  if you                                                                    
     have an  interest in hearing  it. If you  don't, that's                                                                    
     fine.                                                                                                                      
                                                                                                                                
CHAIR FRENCH asked Mr. Ross to proceed.                                                                                         
                                                                                                                                
MR. ROSS continued:                                                                                                             
     One  of   the  reasons  I   did  that  was   because  I                                                                    
     represented  a state  employee who  found herself  in a                                                                    
     battle  between …  the  executive  and the  legislative                                                                    
     branches  of  government.  State  employees  should  be                                                                    
     allowed to  do their job.  They shouldn't be  caught up                                                                    
     in battles  - the power  battles between one  branch of                                                                    
     government and  another. And this employee  did not get                                                                    
     decent legal advice  from the state in  my opinion, and                                                                    
     found herself caught in the  middle. I could have spent                                                                    
     many hours running up attorney's  fees bill, but it was                                                                    
     simple  to  cite the  cases  I  did  to show  that  the                                                                    
     procedures  used  by  the  legislature  to  find  these                                                                    
     people in contempt were improper.  I could have cited a                                                                    
     lot more - run up more  bills, but it's not fair to put                                                                    
     that employee to even greater expense that she was.                                                                        
                                                                                                                                
1:55:42 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if he believes the legislature has                                                                   
the authority to subpoenas witnesses to testify before it.                                                                      
                                                                                                                                
MR. ROSS said yes.                                                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI asked if he believes that the Senate or                                                                    
House has the ability to hold a witness in contempt if they                                                                     
don't appear in response to a subpoena.                                                                                         
                                                                                                                                
MR. ROSS said yes.                                                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if he  advised the  witness in  this                                                               
particular case not to adhere to the subpoena.                                                                                  
                                                                                                                                
MR. ROSS replied that falls under attorney client privilege.                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI asked who paid his legal fees in this case.                                                                
                                                                                                                                
MR. ROSS replied it was the employee.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked if it was Ivy Frye.                                                                                  
                                                                                                                                
MR. ROSS answered yes.                                                                                                          
                                                                                                                                
1:56:23 PM                                                                                                                    
CHAIR FRENCH said  the third paragraph of  your letter references                                                               
a memorandum  from the attorney  general, which indicated  that a                                                               
legal  issue existed  as to  the  validity of  the subpoenas.  He                                                               
asked Mr. Ross if he had seen a copy of that memorandum.                                                                        
                                                                                                                                
MR. ROSS replied he recalls he did see a copy.                                                                                  
                                                                                                                                
CHAIR  FRENCH asked,  "Are you  aware  that your  letter was  the                                                               
first  public  indication  that  I  had that  there  was  such  a                                                               
memorandum?"                                                                                                                    
                                                                                                                                
MR. ROSS  replied, "No; I'm  surprised you  didn't see it.  I saw                                                               
it. You're  on the inside; you  should have seen it.  It was kind                                                               
of a less than clear memorandum."                                                                                               
                                                                                                                                
1:57:05 PM                                                                                                                    
CHAIR  FRENCH  said,  "In the  memorandum  the  attorney  general                                                               
offered  an opinion  about  the legality  of  the subpoenas."  He                                                               
asked if that is correct.                                                                                                       
                                                                                                                                
MR. ROSS replied  that's his recollection, but it's  been a while                                                               
since he looked  at it. "I don't  know that it was  a real strong                                                               
opinion," he added.                                                                                                             
                                                                                                                                
CHAIR FRENCH asked if he agreed with the opinion.                                                                               
                                                                                                                                
MR. ROSS replied:                                                                                                               
     I  thought it  was not  much of  an opinion.  The whole                                                                    
     thing was  handled very badly  Senator. It  was handled                                                                    
     badly by the  legislature; it was handled  badly by the                                                                    
     governor's office.  Had I been the  attorney general we                                                                    
     could  have resolved  this  thing a  lot  sooner in  my                                                                    
     opinion, and  without the state employees  being caught                                                                    
     in the middle.                                                                                                             
                                                                                                                                
CHAIR FRENCH  asked Mr.  Ross to give  a yes or  no answer  as to                                                               
whether the subpoenas were legal.                                                                                               
                                                                                                                                
MR. ROSS replied:                                                                                                               
     At the time  I wasn't sure. It's  my understanding that                                                                    
     the courts have indicated  that they probably were. But                                                                    
     I would not have probably  even gotten to that issue. I                                                                    
     think that  issue was really irrelevant.  It just seems                                                                    
     a shame that the  parties couldn't have worked together                                                                    
     towards   resolving  a   matter  rather   than  getting                                                                    
     involved in litigation between branches.                                                                                   
                                                                                                                                
CHAIR FRENCH said:                                                                                                              
     Mr. Ross,  I have very  specific and clear  memories of                                                                    
     that and  very specific and clear  memories of overture                                                                    
     after  overture  to  resolve   this,  and  having  been                                                                    
     rebuffed over  and over by  the individuals  and issue.                                                                    
     So if  you're suggesting  that other  individuals could                                                                    
     have  handled  themselves  better, I  completely  agree                                                                    
     with you.                                                                                                                  
                                                                                                                                
1:58:46 PM                                                                                                                    
SENATOR THERRIAULT  asked Mr.  Ross if he  would agree  that with                                                               
regard to the power of the  legislature to issue subpoenas, it is                                                               
a clearer  issue if the  subpoena is  to compel somebody  to come                                                               
before a committee to testify.                                                                                                  
                                                                                                                                
MR. ROSS said he didn't understand the question.                                                                                
                                                                                                                                
SENATOR THERRIAULT  restated that  the subpoenas were  for people                                                               
to  make  themselves  available   to  an  investigator  that  the                                                               
legislature had hired.                                                                                                          
                                                                                                                                
CHAIR FRENCH  called a  point of order  in the  question. "That's                                                               
not true," he said. As a  matter of keeping the record clear, the                                                               
subpoenas  commanded  the  attendance  of a  witness  before  the                                                               
committee,  Senator  French  said.  The  individuals  could  have                                                               
complied with the  subpoena by meeting with  Mr. Branchflower, so                                                               
there was an  avenue out of appearing in front  of the committee.                                                               
The committee has no other legal authority, he said.                                                                            
                                                                                                                                
SENATOR THERRIAULT  said he agrees,  but it was a  strange issue.                                                               
He continued:                                                                                                                   
     State employees  previously had  been given  the option                                                                    
     to talk to the investigator  and that would satisfy the                                                                    
     subpoenas. And  some - other  than your client  - state                                                                    
     employees  were  unclear,  and so  were  their  private                                                                    
     attorneys, on  just exactly what they  were being asked                                                                    
     to do and what their  legal rights as individuals would                                                                    
     be if,  in fact, they  complied. I  know I talked  to a                                                                    
     separate  state employee  that was  unsure of  what his                                                                    
     rights  would   be  with  regard  to   if  he  answered                                                                    
     questions of the investigator. Would they be public?                                                                       
                                                                                                                                
     It's my  understanding that  certainly in  the criminal                                                                    
     side,  there is  a lengthy  set  of rules  that tell  a                                                                    
     person that if they respond  to a subpoena or when they                                                                    
     respond  to  a  subpoena  - how  they're  going  to  be                                                                    
     treated, what's going to happen  to the information, is                                                                    
     it confidential, is it on  the Internet that afternoon.                                                                    
     And  it would  seem  to  me like  there  was  a lot  of                                                                    
     uncertainty. I'm  wondering if you discussed  that with                                                                    
     your  client   -  without  violating   attorney  client                                                                    
     confidentiality  - whether  some of  that entered  into                                                                    
     your thought  process and the  advice that you  gave to                                                                    
     your client.                                                                                                               
                                                                                                                                
2:01:16 PM                                                                                                                    
MR. ROSS  said he told his  client it was  a goat rope as  to who                                                               
had legal  responsibility and  who didn't  and who  had authority                                                               
and who  didn't. She should  not have  been put in  that position                                                               
and had he been attorney  general that wouldn't have happened. He                                                               
continued:                                                                                                                      
     I would  have done my very  best to see to  it that the                                                                    
     legislature  wasn't put  in  the  position where  their                                                                    
     rights were  challenged. I would  have done my  best to                                                                    
     see to it that the state  employees were not put in the                                                                    
     position where they  were caught in the  middle. It was                                                                    
     handled very badly by a  number of sides and that's all                                                                    
     I'm going to say. I'm not  going to plow old ground and                                                                    
     criticize my predecessor.                                                                                                  
                                                                                                                                
SENATOR  THERRIAULT said  a previous  attorney general  holds the                                                               
same opinion.  The entire matter  should have been handled  so as                                                               
to turn down the volume and get  to the truth rather than the way                                                               
it played out.                                                                                                                  
                                                                                                                                
2:02:29 PM                                                                                                                    
CHAIR  FRENCH  recognized Senator  Linda  Menard  had joined  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR FRENCH asked  Mr. Ross if he would like  to comment on some                                                               
of the statements  that have been made and emails  that have been                                                               
sent regarding his attitude towards women.                                                                                      
                                                                                                                                
MR.  ROSS said  no;  he's enjoyed  the  confirmation process.  He                                                               
continued:                                                                                                                      
     Winston  Churchill  said 'Nothing's  more  exhilarating                                                                    
     than  to get  shot  at  and missed.'  But  there was  a                                                                    
     letter from the  lady named Burton that  really made me                                                                    
     angry. I  sent the  legislature a letter  that outlines                                                                    
     my  position on  women. It's  old fashioned.  My father                                                                    
     told  me that  there is  no  greater honor  that a  man                                                                    
     could  have  than if  a  dad  lets  that man  take  his                                                                    
     daughter out  on a  date. And  there's no  greater harm                                                                    
     that  you can  do than  to breach  the trust  that that                                                                    
     dad's put in you when you take his daughter out.                                                                           
                                                                                                                                
     Women are very special to  me. The comments made by Ms.                                                                    
     Burton were  outrageous and they were  nothing but lies                                                                    
     - if  in fact she  wrote that  letter. I don't  know if                                                                    
     she  did. I  don't  know  who she  is.  The letter  was                                                                    
     unsigned.  I've  been  married to  the  same  wonderful                                                                    
     woman  for almost  41 years.  If I  ever raised  any of                                                                    
     those kinds of comments to  my wife, there'd be Hell to                                                                    
     pay because she  wouldn't put up with it. …  I open the                                                                    
     doors for women, I tip my  hat to them, I stand up when                                                                    
     they come in  the room and if that makes  me a dinosaur                                                                    
     so be it. But that's the  way I treat women and not the                                                                    
     way that letter implies. Comments  like that - had they                                                                    
     been  made to  me would  have stirred  my wrath  and to                                                                    
     allege  that  I  made  such comments  really  stirs  my                                                                    
     wrath.                                                                                                                     
                                                                                                                                
2:05:52 PM                                                                                                                    
CHAIR  FRENCH said  I thought  it was  important to  give you  an                                                               
opportunity to respond.                                                                                                         
                                                                                                                                
MR. ROSS said, "Thank you; I appreciate that very much."                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked,  "If an  attorney general  candidate                                                               
had made  comments like  Ms. Burton is  alleging, do  you believe                                                               
that  would  disqualify  that person  from  sitting  as  attorney                                                               
general."                                                                                                                       
                                                                                                                                
MR.   ROSS   replied   it   would    raise   a   question   about                                                               
appropriateness.                                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI said, "So if it  were to come out that those                                                               
statements  were  true,  then  do you  believe  that  that  would                                                               
disqualify you from being attorney general?"                                                                                    
                                                                                                                                
MR. ROSS replied,                                                                                                               
     Those statements were  made allegedly in 1991.  … I ran                                                                    
     for governor in 1998; I  ran for governor in 2002. Such                                                                    
     statements  certainly should  have raised  questions as                                                                    
     to whether  or not  a person  should be  governor. They                                                                    
     were  never mentioned  by Ms.  Burton.  They only  were                                                                    
     raised now when Governor Palin  put my name forward and                                                                    
     it appears, from what I've  read in the paper at least,                                                                    
     that  Ms.  Burton  has   some  disagreements  with  the                                                                    
     governor not  with me. And so  I think you have  to ask                                                                    
     yourself why  someone would come  out from  the shadows                                                                    
     and attack somebody through lies. And those are lies.                                                                      
                                                                                                                                
2:07:30 PM                                                                                                                    
CHAIR FRENCH  clarified that all  the emails his  office received                                                               
are unsigned. That  includes emails in support  and in opposition                                                               
to the appointment. This is not uncommon, he said.                                                                              
                                                                                                                                
MR. ROSS  responded, "That's  why I didn't  accuse Ms.  Burton of                                                               
lying because  I don't  know if  she signed  it or  somebody else                                                               
sent an email over her statement.  But if she went and signed it,                                                               
I'll call her a liar."                                                                                                          
                                                                                                                                
SENATOR THERRIAULT  asked Senator French  if he or his  staff had                                                               
been in  touch with Ms. Burton  to find out about  the statement.                                                               
The email says  that Ms. Burton was outside the  meeting room and                                                               
she was listening in. He said he  was struck by the fact that she                                                               
has quotation marks around the statement that Mr. Ross made.                                                                    
                                                                                                                                
MR. ROSS said, "I didn't make that statement."                                                                                  
                                                                                                                                
SENATOR THERRIAULT responded but the  suggestion is that you did.                                                               
He said he wonders if Ms. Burton  jotted herself a note or if she                                                               
is paraphrasing. That  particular statement has gotten  a life of                                                               
its own and he'd like to know how she can be so certain.                                                                        
                                                                                                                                
CHAIR FRENCH said  he has had no contact with  Ms. Burton and the                                                               
question he  was asking Mr. Ross  was intended to be  more global                                                               
with respect  to his  view on  women. He  noted that  although he                                                               
isn't interested  in getting into any  particular allegation, Ms.                                                               
Burton  isn't  the   only  woman  who  has   written  his  office                                                               
expressing the view  that Mr. Ross has a bad  or unusual attitude                                                               
toward  women.  "That's  why  I  wanted  to  give  Mr.  Ross  the                                                               
opportunity to  respond. And I think  what he said today  is that                                                               
he's protective of women --  chivalrous even, and old fashioned,"                                                               
Senator French said.                                                                                                            
                                                                                                                                
MR. ROSS said that's a good summary.                                                                                            
                                                                                                                                
2:10:36 PM                                                                                                                    
CHAIR  FRENCH  asked  Mr.  Ross  if  he  thinks  it's  acceptable                                                               
behavior to dump buckets of water on women.                                                                                     
                                                                                                                                
MR. ROSS  responded it's absolutely  not okay to dump  buckets of                                                               
water on protesters.                                                                                                            
                                                                                                                                
CHAIR  FRENCH asked  if he  represented Mr.  Webster on  a charge                                                               
akin to dumping water on women.                                                                                                 
                                                                                                                                
MR. ROSS said he did represent Mr. Webster.                                                                                     
                                                                                                                                
CHAIR FRENCH asked if he represented Mr. Webster for free.                                                                      
                                                                                                                                
MR.  ROSS replied  he didn't  intend to  do it  for free,  but it                                                               
ended up that way.                                                                                                              
                                                                                                                                
CHAIR  FRENCH noted  that the  newspaper said  he volunteered  to                                                               
represent Mr. Webster and asked if that's inaccurate.                                                                           
                                                                                                                                
MR. ROSS replied, "No, that's correct."                                                                                         
                                                                                                                                
CHAIR FRENCH  said, "So you  walked into it thinking  you weren't                                                               
going to get much out of it in the way of recompense."                                                                          
                                                                                                                                
MR. ROSS said yes.                                                                                                              
                                                                                                                                
2:11:51 PM                                                                                                                    
CHAIR FRENCH said, "You believed that he needed a defense."                                                                     
                                                                                                                                
MR. ROSS said yes.                                                                                                              
                                                                                                                                
CHAIR FRENCH told Mr. Ross that  he would recite the facts of the                                                               
case  as reported  in the  newspaper after  which Mr.  Ross could                                                               
comment.                                                                                                                        
                                                                                                                                
MR.  ROSS responded  that he  could tell  the committee  what the                                                               
facts of the case were.                                                                                                         
                                                                                                                                
CHAIR FRENCH said thanks, but he'd prefer to recite the facts.                                                                  
                                                                                                                                
MR. ROSS said, "I was there though."                                                                                            
                                                                                                                                
CHAIR FRENCH responded, "You weren't there when the assault                                                                     
happened."                                                                                                                      
                                                                                                                                
MR. ROSS said, "I saw the movie."                                                                                               
                                                                                                                                
CHAIR FRENCH clarified that he'd ask the question and Mr. Ross                                                                  
would have an opportunity to respond. He read the following:                                                                    
     During  the buildup  to  the  war in  March  of 2003  a                                                                    
     handful  of  war protestors  stood  at  the Soldotna  Y                                                                    
     intersection  holding  a   variety  of  signs…including                                                                    
     peace  signs,  a  U.S. flag,  and  sometimes  they  had                                                                    
     pictures of  U.S. servicemen and women.  The protestors                                                                    
     included  pacifists, Quakers,  a local  doctor, and  an                                                                    
     Air Force wife.                                                                                                            
                                                                                                                                
     Mr.  Webster lived  about seven-tenths  of a  mile away                                                                    
     and frequently drove  through that intersection. Around                                                                    
     March 22  he drove  past the protestors  and threatened                                                                    
     to  douse them.  Two days  later on  March 24  he threw                                                                    
     water on two  women holding signs at the  Y. Both women                                                                    
     were soaked  and the signs became  unreadable. Soldotna                                                                    
     police,  contacted  by  the demonstrators,  warned  Mr.                                                                    
     Webster not to do it  again. The protestors declined to                                                                    
     press  charges saying  they knew  that Mr.  Webster was                                                                    
     under stress.                                                                                                              
                                                                                                                                
     Mr.  Webster returned  a week  later  and was  verbally                                                                    
     confrontational with  the two  women and  more physical                                                                    
     with one of  the men present, a man  named Daniel Funk,                                                                    
     and threatened to beat Mr.  Funk up. Then, in the final                                                                    
     confrontation Mr.  Webster returned a day  or two later                                                                    
     riding in the  bed of a truck and dumps  two buckets of                                                                    
     water on the protestors.  The assault is videotaped and                                                                    
     Mr.  Webster distributes  that videotaped  assault. The                                                                    
     video was  set to  music and as  the water  showers the                                                                    
     sign holders, someone is singing "God Bless the USA."                                                                      
                                                                                                                                
2:13:42 PM                                                                                                                    
CHAIR FRENCH asked if the foregoing facts are accurate.                                                                         
                                                                                                                                
MR. ROSS replied they sound fairly accurate.                                                                                    
                                                                                                                                
CHAIR FRENCH asked Mr. Ross to tell the committee why he felt                                                                   
compelled to represent Mr. Webster.                                                                                             
                                                                                                                                
MR. ROSS explained:                                                                                                             
     Mr.  Webster  was  the  father  of  a  Marine  who  was                                                                    
     fighting in -  if I recall - Iraq. I  was the father of                                                                    
     a  Marine that  was fighting  in Iraq  and I  felt that                                                                    
     while I  did not  agree with  Mr. Webster's  actions, I                                                                    
     felt I could  understand his reasons for  them and that                                                                    
     he  was entitled  to a  defense and  why not  a defense                                                                    
     from another Marine's father.                                                                                              
                                                                                                                                
CHAIR  FRENCH asked  if he's  saying he  did not  agree with  Mr.                                                               
Webster's actions.                                                                                                              
                                                                                                                                
MR. ROSS replied, "I did not agree with his actions, no."                                                                       
                                                                                                                                
CHAIR  FRENCH  asked  if  his  statements to  the  press  to  the                                                               
contrary were simply that he was acting as Mr. Webster's lawyer.                                                                
                                                                                                                                
MR. ROSS  said, "Yes sir." He  added that the agreement  was that                                                               
Mr. Webster would pay expenses,  but that didn't happen. "I think                                                               
he stiffed me for about $800," he said.                                                                                         
                                                                                                                                
CHAIR  FRENCH  noted  that then  Attorney  General  Renkes  said,                                                               
"We're fighting the  war to protect the freedoms we  have here in                                                               
this  country.  People don't  have  the  right to  harass  people                                                               
expressing  their opinions  lawfully." Senator  French asked  Mr.                                                               
Ross if he would have issued  that statement had he been attorney                                                               
general at the time.                                                                                                            
                                                                                                                                
MR. ROSS replied, "Not if I was Mr. Webster's attorney."                                                                        
                                                                                                                                
CHAIR FRENCH repeated the question.                                                                                             
                                                                                                                                
MR. ROSS replied, "Probably not."                                                                                               
                                                                                                                                
CHAIR FRENCH asked  if he would have pressed charges  had he been                                                               
attorney general at the time.                                                                                                   
                                                                                                                                
MR. ROSS said yes. The police  treated Mr. Webster fairly in that                                                               
they simply  had a  chat with  him the  first time.  "Mr. Webster                                                               
didn't benefit  from the chat the  police had so the  police had,                                                               
in my opinion, no alternative but to prosecute," he said.                                                                       
                                                                                                                                
2:16:07 PM                                                                                                                    
CHAIR FRENCH asked  if he agrees that the  protesters declined to                                                               
press charges.                                                                                                                  
                                                                                                                                
MR. ROSS answered yes.                                                                                                          
                                                                                                                                
CHAIR FRENCH said, "They turned the other cheek."                                                                               
                                                                                                                                
MR. ROSS replied, "The first time."                                                                                             
                                                                                                                                
CHAIR FRENCH asked how many times you should turn your cheek.                                                                   
                                                                                                                                
MR. ROSS  replied, "I don't  think that's the prerogative  of the                                                               
attorney general to answer that question."                                                                                      
                                                                                                                                
2:16:36 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said  you  stated  that  Mr.  Webster  was                                                               
harassed.                                                                                                                       
                                                                                                                                
MR. ROSS  responded that's correct;  Mr. Webster  had encountered                                                               
the protesters in downtown Kenai  and he objected to their signs.                                                               
The protestors then moved away  from downtown and relocated at an                                                               
intersection that Mr.  Webster passed every day.  "There was some                                                               
indication  that the  signs indicated  that Marines  were killing                                                               
innocent women and children. It  was arguable then that perhaps …                                                               
that they were targeting Mr.  Webster after he had protested what                                                               
they were doing initially," he said.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  noted that Mr. Ross  has stressed adherence                                                               
to the  constitution and  asked if he  as attorney  general would                                                               
file  harassment charges  against  protesters  that he  disagreed                                                               
with.                                                                                                                           
                                                                                                                                
MR.  ROSS said  no; it's  his  opinion that  the protesters  were                                                               
cruel, but they  were entitled to do what they  did. "Mr. Webster                                                               
reacted and  what he did  he was not  legally entitled to  do. So                                                               
there's a difference between using  good judgment and being cruel                                                               
and violating the law," he said.                                                                                                
                                                                                                                                
2:18:24 PM                                                                                                                    
SENATOR THERRIAULT  said my personal  view is that  Mr. Webster's                                                               
behavior  was  abhorrent.  He  could  and  should  have  taken  a                                                               
different action.  Having taken the  action that he did,  I think                                                               
it's your  opinion that Mr.  Webster needed  legal representation                                                               
in the system. He asked if that's correct.                                                                                      
                                                                                                                                
MR.   ROSS  replied,   "He   needed   legal  representation   and                                                               
surprisingly  even though  he had  videotaped the  whole thing  I                                                               
beat  two out  of five  charges, which  I thought  was kind  of a                                                               
miracle and pretty good job."                                                                                                   
                                                                                                                                
SENATOR THERRIAULT related:                                                                                                     
     I'm hard pressed sometimes in  our budgeting process to                                                                    
     appropriate money  to the  Public Defender's  Office to                                                                    
     defend  rapists  [and]  child  molesters,  but  in  our                                                                    
     system everybody has to have  representation so I guess                                                                    
     I  don't fault  you for  offering that  representation.                                                                    
     And I'm glad  to hear you say that if  you had been the                                                                    
     attorney  general and  if you  had  reviewed that  fact                                                                    
     pattern,  you would  have been  okay with  pressing the                                                                    
     charges.  That he  crossed  the line.  He  was then  in                                                                    
     violation  of  their  constitutional  rights.  Is  that                                                                    
     correct?                                                                                                                   
                                                                                                                                
2:19:57 PM                                                                                                                    
MR. ROSS responded he wouldn't have  been okay, but he would have                                                               
prosecuted. Mr. Webster was warned  the first time and the police                                                               
didn't have to  do that. When he was prosecuted  the next time he                                                               
had  a right  to a  defense. "If  Marine Corps  dads can't  stick                                                               
together  at least  to  make the  system  work there's  something                                                               
wrong," Mr. Ross added.                                                                                                         
                                                                                                                                
CHAIR FRENCH  said Mr. Ross  you say you did  a good job  for Mr.                                                               
Webster and helped him beat two of the charges.                                                                                 
                                                                                                                                
MR. ROSS added that it was two of five charges.                                                                                 
                                                                                                                                
CHAIR FRENCH pointed out that the  July 9, 2003 ADN reported that                                                               
until Mr. Webster  linked up with Mr. Ross he  was going to plead                                                               
guilty to a  harassment charge. Had he pled  guilty to harassment                                                               
he  would have  faced  a maximum  90  days in  jail,  but he  was                                                               
convicted of  charges that  had him facing  18 months  jail time.                                                               
"So I  guess I  disagree with  your analysis  of the  efficacy of                                                               
your representation," Senator French said.                                                                                      
                                                                                                                                
MR.  ROSS responded,  "He didn't  spend any  time in  jail and  I                                                               
don't know  of any plea offer  that was given him  that he didn't                                                               
take. And he  was charged with violating the civil  rights of the                                                               
protestors so I think he was  satisfied." He added that the judge                                                               
in the case was subsequently removed.                                                                                           
                                                                                                                                
CHAIR FRENCH asked why he brings that up.                                                                                       
                                                                                                                                
MR. ROSS replied,  "Because I thought I did a  pretty good job in                                                               
view of  the fact  that the  judge was later  found to  be pretty                                                               
close to in cahoots with the prosecutors."                                                                                      
                                                                                                                                
CHAIR  FRENCH asked  if he  is  suggesting that  the rulings  the                                                               
judge made against him were unethical.                                                                                          
                                                                                                                                
MR. ROSS replied, "Improper."                                                                                                   
                                                                                                                                
CHAIR FRENCH asked if he filed an appeal.                                                                                       
                                                                                                                                
MR. ROSS  said no; he  thought he  and his client  were satisfied                                                               
with what took place.                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked if it's  true that he does  not stand                                                               
up when judges enter the room.                                                                                                  
                                                                                                                                
MR. ROSS replied, "That's absolute  falsehood. I'm one of the few                                                               
guys that does now-a-days and …  if I'm going to be seated during                                                               
cross examination I always ask the  court if I have permission to                                                               
be seated."                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI related that he read that in the "Bar Rag."                                                                
                                                                                                                                
MR. ROSS replied he's read that too and it's poetic license.                                                                    
                                                                                                                                
2:23:24 PM                                                                                                                    
CHAIR FRENCH  asked Mr. Ross which  day he was hired  as attorney                                                               
general by the governor.                                                                                                        
                                                                                                                                
MR. ROSS replied he started March 31.                                                                                           
                                                                                                                                
CHAIR FRENCH  asked Mr. Ross if  he's aware of the  recent effort                                                               
to seat a senator for the Juneau District B seat.                                                                               
                                                                                                                                
MR. ROSS asked if he's talking  about the one the governor's been                                                               
involved in.                                                                                                                    
                                                                                                                                
CHAIR FRENCH said yes.                                                                                                          
                                                                                                                                
MR. ROSS said he's read the paper and is aware of the effort.                                                                   
                                                                                                                                
CHAIR FRENCH  asked if he's  had a role  in the legal  aspects of                                                               
that vacancy.                                                                                                                   
                                                                                                                                
MR. ROSS responded:                                                                                                             
     I think  I read the paper  and I think I  looked at the                                                                    
     '87  opinion  and I  may  have  talked  to one  of  the                                                                    
     attorneys that's handling it,  but I haven't had really                                                                    
     much time to  do anything of a legal  nature. I've been                                                                    
       doing a dancing bear act in this building for two                                                                        
     weeks.                                                                                                                     
                                                                                                                                
CHAIR FRENCH  highlighted that someone advised  the governor that                                                               
there  was a  legal basis  for asking  the 19  remaining senators                                                               
vote to seat  the appointee. He asked  Mr. Ross if he  had a role                                                               
in developing that legal opinion.                                                                                               
                                                                                                                                
MR. ROSS replied he  did not have a role, but  he agrees with it.                                                               
"I think it should be open and above board."                                                                                    
                                                                                                                                
CHAIR  FRENCH  said his  question  is  whether the  19  remaining                                                               
Senators all should vote.                                                                                                       
                                                                                                                                
MR. ROSS said no; the law  indicates that the members of the same                                                               
party as the predecessor should vote on the replacement.                                                                        
                                                                                                                                
2:25:22 PM                                                                                                                    
SENATOR  THERRIAULT   asked  who   would  vote  to   confirm  the                                                               
governor's nomination  if the  Senate had  only one  Democrat and                                                               
that person resigned to take a different job.                                                                                   
                                                                                                                                
MR. ROSS  answered it would probably  be the members of  the same                                                               
party                                                                                                                           
                                                                                                                                
SENATOR THERRIAULT said there would  be no Democrat left and that                                                               
points out the problems with the existing statutes.                                                                             
                                                                                                                                
MR. ROSS  said there appear to  have been some conflicts  in past                                                               
processes.                                                                                                                      
                                                                                                                                
2:26:36 PM                                                                                                                    
SENATOR WIELECHOWSKI said when you  ran for governor you issued a                                                               
position  paper  saying you  wanted  to  cut the  permanent  fund                                                               
dividend and use the money for government spending.                                                                             
                                                                                                                                
MR. ROSS responded that is not correct.                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI pointed  out that,  "You said  reducing our                                                               
permanent fund  dividend is a  difficult decision for all  of us.                                                               
This  position paper  says this  is the  personal commitment  all                                                               
Alaskans must now make to restore our state prosperity."                                                                        
                                                                                                                                
MR.  ROSS clarified  that he  adhered  to the  Cremo Plan,  which                                                               
called  for putting  all  state revenue  into  a super  permanent                                                               
fund. A certain amount would  be allocated for state expenditures                                                               
and for  a dividend  so that  you would know  each year  how much                                                               
money was  available. But too much  water is under the  bridge to                                                               
do that now, he said.                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  he has the  same position  on the                                                               
permanent fund today.                                                                                                           
                                                                                                                                
MR.  ROSS  answered  these  are different  times  and  the  state                                                               
government  is too  large.  It might  no  longer be  economically                                                               
feasible.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  noted that  former Attorney  General Renkes                                                               
handed down  an important opinion in  2003. He asked Mr.  Ross if                                                               
he recalls the dispute associated with the following:                                                                           
     The attorney  general determined that  unrealized gains                                                                    
     or losses from investment  of the fund principal should                                                                    
     be  accounted  for  in  the  principal  and  that  only                                                                    
     realized gains  or losses should  become an  element to                                                                    
     be accounted for annually in  determining net income of                                                                    
     the fund.                                                                                                                  
                                                                                                                                
2:29:41 PM                                                                                                                    
MR. ROSS responded "I have no idea what you're talking about."                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI  said there is  a question as to  whether or                                                               
not  it is  constitutional to  pay out  permanent fund  dividends                                                               
when the  fund didn't make  any money. "At  some point in  time I                                                               
imagine you're  going to be called  on to issue that  opinion and                                                               
it  will impact  whether…Alaskans  get their  dividends or  not."                                                               
It's an  important issue  to all Alaskans  and I'm  interested if                                                               
you have an opinion, Senator Wielechowski said.                                                                                 
                                                                                                                                
MR. ROSS answered,  "I don't; and I'm encouraged to  hear you say                                                               
at some time I'll be called  upon to give that opinion because to                                                               
give that  opinion I have  to get confirmed  so that could  be an                                                               
indication of the way you'd vote."                                                                                              
                                                                                                                                
2:31:12 PM                                                                                                                    
SENATOR  WIELECHOWSKI  referenced  an ADN  article  from  3/26/03                                                               
regarding a dispute over a letter  Mr. Ross had written and asked                                                               
if he recalls the following:                                                                                                    
     In  a letter  to  incumbent Mayor  George Wuerch,  Ross                                                                    
     told the mayor he would  not support him because Wuerch                                                                    
     refused to  help a friend  get into the  Anchorage Fire                                                                    
     Department.                                                                                                                
                                                                                                                                
MR. ROSS answered he doesn't  recall writing the letter, but it's                                                               
possible.  He  does  recall  a  man not  getting  into  the  fire                                                               
department and he  did have a case  of 7 or 8 men  who didn't get                                                               
in.                                                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI asked  Mr.  Ross if  that  is something  he                                                               
would have done.                                                                                                                
                                                                                                                                
MR. ROSS  responded he  doesn't recall that;  George Wuerch  is a                                                               
friend and fellow Marine.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  asked Mr. Ross  if he believes that  Roe v.                                                             
Wade should be overturned.                                                                                                    
                                                                                                                                
MR. ROSS said, "Yes."                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked  if he has plans to file  a lawsuit to                                                               
overturn Roe v. Wade.                                                                                                         
                                                                                                                                
MR. ROSS "No; been there done that. It's not my job as AG."                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  as attorney  general  he  would                                                               
prosecute  individuals in  a case  where an  abortion clinic  was                                                               
bombed.                                                                                                                         
                                                                                                                                
MR. ROSS answered, "Absolutely; follow the law."                                                                                
                                                                                                                                
2:33:28 PM                                                                                                                    
SENATOR WIELECHOWSKI  noted that former Attorney  General Colberg                                                               
issued an  opinion that he  believed that gay partners  of public                                                               
employees should receive benefits. Do  you agree or disagree with                                                               
that  opinion and  as attorney  general would  you have  issued a                                                               
similar opinion, Senator Wielechowski asked.                                                                                    
                                                                                                                                
MR. ROSS answered  he would follow the law; that  is the attorney                                                               
general's obligation.                                                                                                           
                                                                                                                                
2:34:21 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked Mr. Ross  if he knows about  the Real                                                               
ID Act.                                                                                                                         
                                                                                                                                
MR. ROSS replied he's heard of it.                                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI  explained that  it's  a  federal law  that                                                               
requires each state to have  a national driver's license and last                                                               
year Alaska  passed a  law prohibiting  state dollars  from being                                                               
used to implement that federal law.                                                                                             
                                                                                                                                
MR. ROSS  surmised that the  reason was  that it was  an unfunded                                                               
mandate.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI said  that was one argument and  asked if he                                                               
supports attempts to implement the Real ID Act here in Alaska.                                                                  
                                                                                                                                
MR. ROSS responded he does not have a position on that issue.                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked if he  has a position on right-to-work                                                               
legislation.                                                                                                                    
                                                                                                                                
MR.  ROSS  responded,  "I  have   no  position  of  right-to-work                                                               
legislation;  I do  believe people  should  not be  forced to  do                                                               
things that they don't want to do."                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  as attorney  general  he  would                                                               
attempt   to   implement   any  laws   to   enact   right-to-work                                                               
legislation.                                                                                                                    
                                                                                                                                
MR.  ROSS  responded  he  does  not view  that  as  the  attorney                                                               
general's job.                                                                                                                  
                                                                                                                                
2:35:50 PM                                                                                                                    
SENATOR THERRIAULT asked whose job  it is to direct Department of                                                               
Law resources on a high profile issue such as that.                                                                             
                                                                                                                                
MR.  ROSS  replied,  "I  would   think  the  legislature  or  the                                                               
governor.  Of  course it  would  be  my job  if  we  were on  the                                                               
receiving  end of  some  litigation,  but to  go  out tilting  at                                                               
windmills just to find battles to  get involved in, that's not my                                                               
job."                                                                                                                           
                                                                                                                                
SENATOR  THERRIAULT commented  that the  questions asked  what he                                                               
intends to do as  attorney general and it seems that  on a lot of                                                               
those  issues  he  would  take  whatever  position  the  governor                                                               
directs him to take.                                                                                                            
                                                                                                                                
MR. ROSS  responded he would  give advice to the  legislature and                                                               
the  governor, but  it  would be  a  governor's or  legislature's                                                               
decision.                                                                                                                       
                                                                                                                                
SENATOR THERRIAULT  said a lot  of people jump to  the conclusion                                                               
that the  attorney general is the  one who will file  charges and                                                               
argue  all the  court cases,  but  it's his  assumption that  the                                                               
attorney general  doesn't do  that. Rather, he  said he  looks at                                                               
the attorney general  as the manager of the state's  law firm. He                                                               
asked Mr.  Ross the  degree to which  he might  interject himself                                                               
into daily litigation.                                                                                                          
                                                                                                                                
2:37:48 PM                                                                                                                    
MR. ROSS responded he's just  beginning to see how the department                                                               
works, but he  ascribes to Teddy Roosevelt's  philosophy. That is                                                               
that a  good executive  hires the best  people possible  and then                                                               
stands back  and allows them to  do their job. Thus  far it looks                                                               
like  the  Department   of  Law  is  a   well-oiled  machine.  He                                                               
continued:                                                                                                                      
     I  see  the  greater  oil that's  needed  to  make  the                                                                    
     machinery  work better  to be  in the  criminal justice                                                                    
     section  than  in the  civil  section.  … The  criminal                                                                    
     section  seems to  be  working well  except  that I  am                                                                    
     aware of problems in the  district attorney's office in                                                                    
     Anchorage  and   I've  heard  rumors  of   problems  in                                                                    
     Fairbanks.  So   I  intend  to   visit  all   of  those                                                                    
     departments and  talk to the individual  people and see                                                                    
     what we can  do to improve the system.  But the biggest                                                                    
     difficulty in  the job is I  love to go to  court and I                                                                    
     probably won't be going to court too much anymore.                                                                         
                                                                                                                                
2:39:56 PM                                                                                                                    
SENATOR THERRIAULT said so you  aren't coming to this appointment                                                               
with the  preconceived notion that  you are going  to restructure                                                               
the Department of Law.                                                                                                          
                                                                                                                                
MR. ROSS responded that's correct.                                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI asked  Mr. Ross if he has  decided where his                                                               
office will be based.                                                                                                           
                                                                                                                                
MR.  ROSS replied  it  will  be in  Anchorage  and  he will  make                                                               
frequent  trips to  Juneau, particularly  during the  legislative                                                               
session.                                                                                                                        
                                                                                                                                
2:40:38 PM                                                                                                                    
CHAIR FRENCH  thanked Mr. Ross for  his patience and asked  for a                                                               
motion to forward his name.                                                                                                     
                                                                                                                                
At ease from 2:40:55 PM to 2:41:16 PM                                                                                       
                                                                                                                                
SENATOR THERRIAULT moved  to forward the name  Wayne Anthony Ross                                                               
to the  full legislature  for consideration  and stated  that the                                                               
vote in committee is not an  indication of how any member intends                                                               
to vote on the confirmation.                                                                                                    
                                                                                                                                
CHAIR  FRENCH found  no  objection and  announced  that the  name                                                               
Wayne Anthony  Ross will be forwarded  to a session of  the joint                                                               
body for a confirmation vote in the near future.                                                                                
                                                                                                                                
At ease 2:41:53 PM.                                                                                                             
                                                                                                                                
        SB  54-PRICE GOUGING INVOLVING ENERGY RESOURCES                                                                     
                                                                                                                                
2:46:02 PM                                                                                                                    
CHAIR FRENCH  announced the  consideration of the  CS for  SB 54.                                                               
[Before the  committee was  CSSB 54(RES).]  He recapped  that the                                                               
committee recently  received an  overview of the  bill and  had a                                                               
debate on its plusses and  minuses. In response to the discussion                                                               
and working with Senator Wielechowski's  office, an amendment has                                                               
been drafted.                                                                                                                   
                                                                                                                                
CHAIR FRENCH moved Amendment 1, labeled 26-LS0209\W.2.                                                                          
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO:  CSSB 54(RES)                                                                                                          
                                                                                                                                
     Page 1, line 2:                                                                                                            
          Delete "exorbitant or excessive"                                                                                    
          Insert "unconscionable"                                                                                             
                                                                                                                                
     Page 1, lines 11 - 12:                                                                                                     
          Delete "exorbitant or excessive"                                                                                      
          Insert "unconscionable"                                                                                               
                                                                                                                                
     Page 2, line 25:                                                                                                           
          Delete "exorbitant or excessive"                                                                                      
          Insert "unconscionable"                                                                                               
                                                                                                                                
2:46:44 PM                                                                                                                    
CHAIR  FRENCH found  no objection  and announced  Amendment 1  is                                                               
adopted.  He  explained that  the  amendment  is in  response  to                                                               
testimony from Assistant Attorney General  Ed Sniffen. He will be                                                               
in charge  of prosecuting these  cases and  his view is  that the                                                               
work "unconscionable" is a more customary term.                                                                                 
                                                                                                                                
SENATOR  THERRIAULT moved  to report  SB 54  from committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, CSSB 54(JUD)  moved from the Senate Judiciary                                                               
Standing Committee.                                                                                                             
2:47:45 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 2:47 pm.