ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 23, 2023                                                                                        
                           3:31 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Kawasaki, Chair                                                                                                   
Senator Matt Claman, Vice Chair                                                                                                 
Senator Jesse Bjorkman                                                                                                          
Senator Bill Wielechowski                                                                                                       
Senator Kelly Merrick                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 28                                                                                                              
"An  Act  relating  to   workplace  violence  protective  orders;                                                               
relating to the  crime of violating a  protective order; relating                                                               
to the powers of district  judges and magistrates; amending Rules                                                               
4 and  65, Alaska Rules  of Civil  Procedure, and Rule  9, Alaska                                                               
Rules of Administration; and providing for an effective date."                                                                  
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 32                                                                                                              
"An Act prohibiting the use  of chokeholds by peace officers; and                                                               
relating to justification of use of force by peace officers."                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 31                                                                                                              
"An Act  relating to the  selection, retention, and  rejection of                                                               
judicial  officers for  the  court of  appeals  and the  district                                                               
court and of magistrates; relating  to the duties of the judicial                                                               
council;  and  relating  to  the  duties  of  the  Commission  on                                                               
Judicial Conduct."                                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  28                                                                                                                  
SHORT TITLE: WORKPLACE VIOLENCE PROTECTIVE ORDERS                                                                               
SPONSOR(s): SENATOR(s) CLAMAN                                                                                                   
                                                                                                                                
01/18/23       (S)       PREFILE RELEASED 1/9/23                                                                                
01/18/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/23       (S)       STA, JUD                                                                                               
02/23/23       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  32                                                                                                                  
SHORT TITLE: CHOKEHOLD BAN                                                                                                      
SPONSOR(s): SENATOR(s) GRAY-JACKSON                                                                                             
                                                                                                                                
01/18/23       (S)       PREFILE RELEASED 1/13/23                                                                               
01/18/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/23       (S)       STA, JUD                                                                                               
02/23/23       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  31                                                                                                                  
SHORT TITLE: SELECTION AND REVIEW OF JUDGES                                                                                     
SPONSOR(s): SENATOR(s) SHOWER                                                                                                   
                                                                                                                                
01/18/23       (S)       PREFILE RELEASED 1/13/23                                                                               
01/18/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/23       (S)       STA, JUD                                                                                               
02/23/23       (S)       STA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LIZZIE KUBITZ, Staff                                                                                                            
Senator Matt Claman                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 28                                                                
on behalf of the sponsor.                                                                                                       
                                                                                                                                
BRENDA STANFIELD, Executive Director                                                                                            
Alaska Network on Domestic Violence and Sexual Assault                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 28.                                                                            
                                                                                                                                
SENATOR ELVI GRAY-JACKSON                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 32.                                                                                         
                                                                                                                                
BESSE ODOM, Staff                                                                                                               
Senator Elvi Gray-Jackson                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 32                                                                
on behalf of the sponsor.                                                                                                       
                                                                                                                                
MICHAEL PATTERSON, Founder                                                                                                      
Party for Socialism and Liberation                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided invited testimony in support of SB                                                               
32.                                                                                                                             
                                                                                                                                
DANIEL CASNER, representing self                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 32.                                                                            
                                                                                                                                
CYNTHIA GACHUPIN, Member                                                                                                        
Party for Socialism and Liberation                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 32.                                                                            
                                                                                                                                
MORGAN LIM, Lobbyist                                                                                                            
Planned Parenthood Alliance Advocates                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 32.                                                                            
                                                                                                                                
AMANA MBISE, representing self                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 32.                                                                            
                                                                                                                                
JASMIN SMITH, representing self                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 32.                                                                            
                                                                                                                                
LIZ LYKE, representing self                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 32.                                                                            
                                                                                                                                
PHILLIP MOSER, representing self                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 32 with                                                                        
amendments.                                                                                                                     
                                                                                                                                
CAPTAIN CORNELIUS SIMS, Commander                                                                                               
Division of Alaska State Troopers                                                                                               
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT: Answered  questions during  a hearing  on SB                                                             
32.                                                                                                                             
                                                                                                                                
JOSEPH GAMACHE, Executive Director                                                                                              
Alaska Police Standards Council                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the  hearing on SB                                                             
32.                                                                                                                             
                                                                                                                                
MIKE SHOWER, District O                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 31.                                                                                         
                                                                                                                                
BETTY JO MOORE, representing self                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 31.                                                                            
                                                                                                                                
LOREN LEMAN, representing self                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 31.                                                                            
                                                                                                                                
FRITZ PETTYJOHN, representing self                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 31.                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:31:50 PM                                                                                                                    
CHAIR  SCOTT KAWASAKI  called the  Senate State  Affairs Standing                                                             
Committee meeting  to order at 3:31  p.m. Present at the  call to                                                               
order were Senators Merrick,  Claman, Wielechowski, Bjorkman, and                                                               
Chair Kawasaki.                                                                                                                 
                                                                                                                                
          SB  28-WORKPLACE VIOLENCE PROTECTIVE ORDERS                                                                       
                                                                                                                                
3:33:18 PM                                                                                                                    
CHAIR KAWASAKI announced the consideration  of SENATE BILL NO. 28                                                               
"An  Act  relating  to   workplace  violence  protective  orders;                                                               
relating to the  crime of violating a  protective order; relating                                                               
to the powers of district  judges and magistrates; amending Rules                                                               
4 and  65, Alaska Rules  of Civil  Procedure, and Rule  9, Alaska                                                               
Rules of Administration; and providing for an effective date."                                                                  
                                                                                                                                
3:34:18 PM                                                                                                                    
SENATOR MATT CLAMAN, District H, sponsor of SB 28, introduced                                                                   
the legislation paraphrasing the following sponsor statement:                                                                   
                                                                                                                                
     When  individuals  make  credible threats  of  violence                                                                    
     against  an employer's  worksite  or  an employee,  the                                                                    
     attorney representing  the employer may need  to file a                                                                    
     civil  lawsuit  and  ask for  a  temporary  restraining                                                                    
     order  to protect  the business.  It  can take  several                                                                    
     days  to complete  and obtain  the order.  In contrast,                                                                    
     people  seeking a  domestic violence  restraining order                                                                    
     can usually get the court order within one day.                                                                            
                                                                                                                                
     Senate  Bill   28,  modeled  after   Alaska's  domestic                                                                    
     violence protective  order process, allows  an employer                                                                    
     to file  a petition for  a protective order  against an                                                                    
     individual   who  the   employer  reasonably   believes                                                                    
     committed an  act of violence  against the  employer or                                                                    
     an employee, or  made a threat of  violence against the                                                                    
     employer  or   an  employee  that  can   reasonably  be                                                                    
     construed as  a threat that  may be carried out  at the                                                                    
     employer's workplace.                                                                                                      
                                                                                                                                
     The  intent  of  Senate  Bill 28  is  to  help  prevent                                                                    
     incidents  such as  the fatal  shooting  of a  hospital                                                                    
     employee  by an  ex-employee  at  the Soldotna  Central                                                                    
     Peninsula  General  Hospital  in November  2008.  Eight                                                                    
     states  have   laws  providing  for  the   issuance  of                                                                    
     workplace  restraining orders  (WROs) and  three states                                                                    
     have  the option  for employers  to file  for the  same                                                                    
     type of  orders that are available  to victims. Several                                                                    
     others are currently considering related legislation.                                                                      
                                                                                                                                
     Senate Bill 28 gives employers  a more effective way to                                                                    
     protect  their  workplace   and  their  employees  from                                                                    
     threats of violence.                                                                                                       
                                                                                                                                
3:36:19 PM                                                                                                                    
LIZZIE KUBITZ, Staff, Senator Matt Claman, Alaska State                                                                         
Legislature, Juneau, Alaska, presented the sectional analysis                                                                   
for SB 28 on behalf of the sponsor.                                                                                             
                                                                                                                                
     Section 1                                                                                                              
     AS 11.56.740. Violating a protective order.                                                                                
     Amends AS  11.56.740(a) by adding a  new subsection (4)                                                                    
     to  specify   that  a  person  commits   the  crime  of                                                                    
     violating a  protective order  if the  person knowingly                                                                    
     commits or attempts to commit  an act that violates the                                                                    
     provisions   listed   under  the   workplace   violence                                                                    
     protective order statutes.                                                                                                 
                                                                                                                                
     Section 2                                                                                                              
     AS 11.56.740. Violating a protective order.                                                                                
     Amends   AS  11.56.740(c)   by  adding   the  workplace                                                                    
     violence protective  order statutes  to the  meaning of                                                                    
     "protective order."                                                                                                        
                                                                                                                                
     Section 3                                                                                                              
     AS  18.65.530. Mandatory  arrest  for crimes  involving                                                                    
     domestic violence, violation  of protective orders, and                                                                    
     violation of conditions of release.                                                                                        
     Amends   AS  18.65.530(a)   by   clarifying  that   the                                                                    
     mandatory arrest statute  for crimes involving domestic                                                                    
     violence,   violation   of   protective   orders,   and                                                                    
     violation of  conditions of release  is subject  to the                                                                    
     requirements of sec. 1.                                                                                                    
                                                                                                                                
     Section 4                                                                                                              
     AS  18.65.540. Central  registry of  protective orders.                                                                    
     Amends AS  18.65.540(a) to  add the  workplace violence                                                                    
     protective order  statutes to  the central  registry of                                                                    
     protective  orders  maintained  by  the  Department  of                                                                    
     Public Safety.                                                                                                             
                                                                                                                                
3:37:37 PM                                                                                                                    
     Section 5                                                                                                              
     AS 18.65.540. Central registry of protective orders.                                                                       
     Amends AS  18.65.540(b) to  add the  workplace violence                                                                    
     protective  order statutes  to the  list of  protective                                                                    
     orders  a   peace  officer  enters  into   the  central                                                                    
     registry within 24 hours of receiving.                                                                                     
                                                                                                                                
     Section 6                                                                                                              
     Amends  AS  18.65 to  add  new  section: "Article  12A.                                                                    
     Workplace Violence Protective Orders."                                                                                     
                                                                                                                                
     Sec.    18.65.875.    Protective    orders;    eligible                                                                  
     petitioners; relief.                                                                                                     
     Section  (a)  gives employers  the  ability  to file  a                                                                    
     petition for  a protective order against  an individual                                                                    
     who the employer reasonably  believes: (1) committed an                                                                    
     act of  violence against the  employer or  an employee;                                                                    
     or (2) made  a threat of violence  against the employer                                                                    
     or an  employee that can  reasonably be construed  as a                                                                    
     threat  that  may  be carried  out  at  the  employer's                                                                    
     workplace.                                                                                                                 
                                                                                                                                
     Section (b)  specifies that the court  shall schedule a                                                                    
     hearing and  provide at  least 10  days' notice  to the                                                                    
     respondent.                                                                                                                
                                                                                                                                
     Section   (c)  details   prohibited  behavior   of  the                                                                    
     respondent after the protective order is issued.                                                                           
                                                                                                                                
     Section  (d)  describes  the  court's  responsibilities                                                                    
     related to issuing a protective order.                                                                                     
                                                                                                                                
     Section (e) clarifies  a court may not  deny a petition                                                                    
     for a  protective order  solely because  of a  lapse of                                                                    
     time  between  an  act  of  violence  or  a  threat  of                                                                    
     violence and the filing of the petition.                                                                                   
                                                                                                                                
     Sec.   18.65.877.  Ex   parte  protective   orders  for                                                                  
     workplace violence.                                                                                                      
     Gives employers the  ability to file a  petition for an                                                                    
     ex parte protective ordera   temporary order that would                                                                    
     grant immediate protection.                                                                                                
                                                                                                                                
     Sec.  18.65.880.  Modification  of  workplace  violence                                                                  
     protective order.                                                                                                        
     Creates  a process  for either  the  petitioner or  the                                                                    
     respondent  to  request  modification of  a  protective                                                                    
     order.                                                                                                                     
                                                                                                                                
     Sec. 18.65.885.                                                                                                          
     Specific   protective   orders.   Specifies   that   an                                                                    
     invitation  by the  petitioner  or  a named  designated                                                                    
     employee  of  the  petitioner to  have  the  prohibited                                                                    
     contact or  to be  present at  or enter  the workplace,                                                                    
     residence, vehicle, or other place  does not in any way                                                                    
     invalidate or nullify the protective order.                                                                                
                                                                                                                                
     Sec. 18.65.890.  Forms for petitions and  orders; fees.                                                                  
     Clarifies that the court system  will prepare forms for                                                                    
     petitions,  protective  orders,  and  instructions  for                                                                    
     their use by an employer seeking a protective order.                                                                       
                                                                                                                                
     Sec. 18.65.895. Service of process.                                                                                    
     Clarifies  that protective  orders  should be  promptly                                                                    
     served and executed.                                                                                                       
                                                                                                                                
3:40:01 PM                                                                                                                    
     Sec. 18.65.897. Civil liability                                                                                        
     Creates civil liability provisions.                                                                                        
                                                                                                                                
     Sec. 18.65.899. Definitions                                                                                              
     Makes   the  definitions   of   "course  of   conduct,"                                                                    
     "employee,"    "employer,"   "threat    of   violence,"                                                                    
     "violence,"  and  "workplace"  apply to  the  workplace                                                                    
     violence protective statutes.                                                                                              
                                                                                                                                
     Section 7                                                                                                              
     AS 22.15.100.  Functions and  powers of  district judge                                                                    
     and magistrate.                                                                                                            
     Amends AS 22.15.100(9)  by adding a new  section (C) to                                                                    
     give  district  judges  and magistrates  the  power  to                                                                    
     issue a  protective order in cases  involving workplace                                                                    
     violence.                                                                                                                  
                                                                                                                                
     Section 8                                                                                                              
     Uncodified  law      Indirect  court   rule  amendments                                                                    
     Specifies amendments to: Rule  4, Alaska Rules of Civil                                                                    
     Procedure, and Rule 9,  Alaska Rules of Administration,                                                                    
     relating  to   fees  and  service  of   process  for  a                                                                    
     workplace  violence  protective  order;  and  Rule  65,                                                                    
     Alaska  Rules  of  Civil  Procedure,  by  changing  the                                                                    
     method  for  obtaining  and  the  timing  of  temporary                                                                    
     restraining orders.                                                                                                        
                                                                                                                                
     Section 9                                                                                                              
     Uncodified law - applicability                                                                                             
     Makes sec. 8 conditional  on approval by the two-thirds                                                                    
     majority vote of  each house required by  art. IV, sec.                                                                    
     15, Constitution of the State of Alaska.                                                                                   
                                                                                                                                
     Section 10                                                                                                             
     Effective Date                                                                                                             
     If sec. 9  takes effect, it takes effect  on January 1,                                                                    
     2024.                                                                                                                      
                                                                                                                                
3:41:30 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:42:22 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting and listed the individuals                                                                
who were available to answer questions.                                                                                         
                                                                                                                                
3:43:00 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony on SB 28.                                                                                
                                                                                                                                
3:43:41 PM                                                                                                                    
BRENDA STANFIELD, Executive Director,  Alaska Network on Domestic                                                               
Violence and  Sexual Assault (ANDVSAA), Juneau,  Alaska, spoke of                                                               
the  fear that  victims experience  when they  are threatened  at                                                               
home  or in  the workplace.  She  noted that  getting a  trespass                                                               
order doesn't  help if  the person stands  just off  the victim's                                                               
property  and isn't  committing  a crime.  Law enforcement  won't                                                               
respond  in those  situations. ANDVSAA  victim service  providers                                                               
have  reported that  this can  be a  particular problem  in rural                                                               
communities.                                                                                                                    
                                                                                                                                
MS.  STANFIELD  stated  that  SB  28  provides  a  mechanism  for                                                               
employers  to protect  themselves and  their staff  when somebody                                                               
has  made  a  threat  against   an  employer's  workplace  or  an                                                               
employee.  It  will   help  to  reduce  the   fear  that  victims                                                               
experience. She said ANDVSAA is  working closely with the sponsor                                                               
and is very supportive of the bill.                                                                                             
                                                                                                                                
3:45:23 PM                                                                                                                    
CHAIR  KAWASAKI closed  public testimony  on SB  28 and  held the                                                               
bill in committee.                                                                                                              
                                                                                                                                
3:45:52 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
                      SB  32-CHOKEHOLD BAN                                                                                  
                                                                                                                                
3:47:25 PM                                                                                                                    
CHAIR  KAWASAKI   reconvened  the   meeting  and   announced  the                                                               
consideration of SENATE  BILL NO. 32 "An Act  prohibiting the use                                                               
of chokeholds  by peace officers;  and relating  to justification                                                               
of use of force by peace officers."                                                                                             
                                                                                                                                
3:47:49 PM                                                                                                                    
SENATOR  ELVI  GRAY-JACKSON,  Alaska State  Legislature,  Juneau,                                                               
Alaska, sponsor of SB 32,  thanked the hardworking peace officers                                                               
and  office staff  that  provide the  services  that protect  the                                                               
lives  and welfare  of  the people  in  Alaskan communities.  She                                                               
described the  genesis of this and  six other bills that  she and                                                               
former Senator Tom  Begich worked on together to  "turn pain into                                                               
progress" (TPIP).  The bills employ eight  specific policies that                                                               
have  been proven  to reduce  police violence  by as  much as  72                                                               
percent.  Last year  she  was honored  to see  one  of the  bills                                                               
signed into law.                                                                                                                
                                                                                                                                
SENATOR GRAY-JACKSON continued to introduce  SB 32 by reading the                                                               
sponsor statement.                                                                                                              
                                                                                                                                
     Police use  numerous methods to restrain  and limit the                                                                    
     movement and overall activity of  someone who possess a                                                                    
     danger  to  themselves  or  to  others  (including  the                                                                    
     police officer). One of the  most common restraints are                                                                    
     carotid and  a tracheal  choke. Both  restraints impede                                                                    
     breathing   and   circulation   of  blood.   If   these                                                                    
     restraints   are   used  incorrectly,   death   through                                                                    
     asphyxiation may  occur. Throughout the  United States,                                                                    
     there  are cases  of the  misuse of  chokeholds. Senate                                                                    
     Bill  (SB) 32  would  assist in  reducing  the rate  of                                                                    
     chokeholds used  incorrectly. SB 32 would  further seek                                                                    
     to  improve   police  to  community   relationships  by                                                                    
     addressing  a long-standing  issue  around  the use  of                                                                    
     force.                                                                                                                     
                                                                                                                                
3:51:27 PM                                                                                                                    
BESSE  ODOM,  Staff,  Senator  Elvi  Gray-Jackson,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented  the sectional  analysis                                                               
for SB 32 on behalf of the sponsor.                                                                                             
                                                                                                                                
     Section  1:  This  amends  AS  11.81.370,  the  Statute                                                                  
     regarding use of force by  a peace officer in making an                                                                    
     arrest  or  terminating  an  escape  by  adding  a  new                                                                    
     subsection that  would prohibit the use  of potentially                                                                    
     lethal restraints.                                                                                                         
                                                                                                                                
SENATOR MERRICK asked  whether she knew how  many law enforcement                                                               
agencies in the state still allow the use of chokeholds.                                                                        
                                                                                                                                
SENATOR GRAY-JACKSON said no.                                                                                                   
                                                                                                                                
CHAIR KAWASAKI  asked whether the  term "peace  officer" included                                                               
Village   Public  Safety   Officers   (VPSOs)  and   correctional                                                               
officers.                                                                                                                       
                                                                                                                                
SENATOR GRAY-JACKSON said yes.                                                                                                  
                                                                                                                                
3:53:34 PM                                                                                                                    
MS. ODOM presented  a PowerPoint relating to SB 32.  She spoke to                                                               
slide 2, "National 8 Can't Wait Campaign."                                                                                      
                                                                                                                                
        • We were inspired to model local legislation after                                                                     
          the  widely-recognized   national  8   can't  wait                                                                    
          campaign:                                                                                                             
             square4 Bans the use of chokeholds and strangleholds                                                               
             square4 Require de-escalation                                                                                      
             square4 Require warning before shooting                                                                            
             square4 Require exhausting all alternatives before                                                                 
               shooting                                                                                                         
             square4 Duty to intervene (by officers that observe                                                                
               other officers violating practice standards)                                                                     
             square4 Ban shooting at moving vehicles                                                                            
             square4 Require a use of force continuum                                                                           
             square4 Require comprehensive reporting (by officers                                                               
               each time they use force or threaten to use                                                                      
               force                                                                                                            
        • We recognize that the national campaign wouldn't                                                                      
          fit the unique needs of  Alaska, so we worked with                                                                    
          various  stakeholders to  create a  bill that  was                                                                    
          all encompassing of Alaska's unique needs.                                                                            
                                                                                                                                
MS. ODOM advanced to slide 3, "Meeting w/Stakeholders."                                                                         
                                                                                                                                
        • Throughout the process of drafting the bills, we                                                                      
          met  with and  received  recommendations from  the                                                                    
          following stakeholders:                                                                                               
          •  NOBLE  (National  Organization  of   Black  Law                                                                    
             Enforcement Executives)                                                                                            
          •  APDEA (Anchorage  Police  Department  Employees                                                                    
             Association)                                                                                                       
          • APD (Anchorage Police Department)                                                                                   
          • PSEA (Public Safety Employees Association)                                                                          
                                                                                                                                
MS. ODOM reviewed slide 4, "Bill Objectives."                                                                                   
                                                                                                                                
        • Prohibits peace officers from knowingly using a                                                                       
          restraint that impedes  another person's breathing                                                                    
          or  blood circulation  that would  likely cause  a                                                                    
          loss of consciousness                                                                                                 
             square4 This includes carotid restraint, tracheal                                                                  
               choke, and others that result in the                                                                             
               aforementioned conditions.                                                                                       
        • Chokeholds are permitted in situations where                                                                          
          deadly force is authorized by law.                                                                                    
                                                                                                                                
3:55:33 PM                                                                                                                    
MS. ODOM  advanced to slide 5,  "What Sort of Chokeholds  Will be                                                               
Prohibited." She reported  that a survey of  the nation's largest                                                               
police departments'  use-of-force policies found that  71 percent                                                               
prohibit chokeholds and 68 percent prohibit carotid holds.                                                                      
                                                                                                                                
     Chokehold                                                                                                                
      Also called an arm bar hold. Applies pressure to the                                                                      
     trachea, restricting airways and stopping breathing.                                                                       
                                                                                                                                
     Carotid hold                                                                                                             
      Vascular hold, sleeper hold or stranglehold. Applies                                                                      
      pressure to the carotid arteries, restricting blood                                                                       
     flow to the brain and causing loss of consciousness.                                                                       
                                                                                                                                
MS.  ODOM reviewed  slide  6, "What  We Know  About  the Bans  on                                                               
Chokeholds."                                                                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
        • A Post survey of the 65 largest U.S. police                                                                           
          departments found that 46 prohibit chokeholds in                                                                      
          their use-of-force policies, while 44 prohibit                                                                        
          carotid holds in those policies                                                                                       
          • Connecticut                                                                                                         
          • California (San Diego, Los Angeles, etc.)                                                                           
          • Florida (Broward County, Miami etc.)                                                                                
          • New York                                                                                                            
          • Washington (Seattle etc.)                                                                                           
          • Texas (Austin, Houston, Dallas etc.)                                                                                
          •  Illinois (Chicago etc.)                                                                                            
          •  Colorado (Denver etc.)                                                                                             
          •  Arizona (Phoenix etc.)                                                                                             
          • Delaware                                                                                                            
          • Iowa                                                                                                                
                                                                                                                                
3:56:46 PM                                                                                                                    
CHAIR KAWASAKI turned to invited testimony on SB 32.                                                                            
                                                                                                                                
3:57:00 PM                                                                                                                    
MICHAEL PATTERSON,  Founder, Party for Socialism  and Liberation,                                                               
Anchorage, Alaska,  thanked the  committee for  hearing SB  32 so                                                               
quickly  and the  sponsor for  being a  consistent leader  on the                                                               
important  issue  relating  to  use of  force  policies  for  law                                                               
enforcement agencies. He asked the  committee to think about what                                                               
it means to be  choked or strangled. It is a  violent act and the                                                               
individual  may  feel  they're  going  to  die.  Even  if  a  law                                                               
enforcement officer  has training, it can  be dangerous employing                                                               
these methods of restraint.                                                                                                     
                                                                                                                                
MR. PATTERSON stated  that SB 32 will modernize  Alaska's law and                                                               
he believes  it will  show the  people of  Alaska that  the state                                                               
takes  accountability and  transparency very  seriously. It  will                                                               
help people regain trust in law enforcement.                                                                                    
                                                                                                                                
4:03:42 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony on SB 32.                                                                                
                                                                                                                                
4:03:51 PM                                                                                                                    
DANIEL  CASNER, representing  self, Fairbanks,  Alaska, testified                                                               
in support  of SB 32. He  is a combat veteran  who believes there                                                               
is no place  for chokeholds in peace officer  interactions of any                                                               
kind. They are not an  appropriate solution for restraint and can                                                               
cause serious bodily harm and  even death. He urged the committee                                                               
to move SB 32 forward.                                                                                                          
                                                                                                                                
4:05:31 PM                                                                                                                    
CYNTHIA  GACHUPIN, Member,  Party for  Socialism and  Liberation,                                                               
Anchorage,   Alaska,  testified   in  support   of  SB   32.  She                                                               
articulated her concerns  if the bill does not  move forward. She                                                               
said  the use  of chokeholds  has  no place  in law  enforcement.                                                               
There   are  many   ways  to   restrain  someone   without  using                                                               
potentially  lethal  means  of  restraint. She  said  that  as  a                                                               
community  member  and  mother  it doesn't  sit  right  that  law                                                               
enforcement  officers  can choose  whether  or  not to  use  this                                                               
potentially lethal  means of restraint.  She asked  the committee                                                               
to move SB 32 forward.                                                                                                          
                                                                                                                                
4:08:47 PM                                                                                                                    
MORGAN  LIM,  Lobbyist,  Planned Parenthood  Alliance  Advocates,                                                               
Juneau, Alaska, read the following  prepared testimony in support                                                               
of SB 32.                                                                                                                       
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Thank  you Chair  Kawasaki and  Members  of the  Senate                                                                    
     State Affairs Committee.  My name is Morgan  Lim, I'm a                                                                    
     Juneau resident,  and I am  testifying today  on behalf                                                                    
     of  Planned  Parenthood  Alliance Advocates     Alaska.                                                                    
     PPAA  strongly supports  Senate  Bill 32,  a bill  that                                                                    
     would  limit the  use  of force  by  peace officers  in                                                                    
     Alaska. PPAA believes all people  should live free from                                                                    
     violence, and stands with  Black, Indigenous, people of                                                                    
     color ("BIPOC")  communities as they demand  change and                                                                    
     seek   to  create   communities  that   are  safe   and                                                                    
     sustainable.                                                                                                               
                                                                                                                                
     To truly achieve reproductive  justice, all people must                                                                    
     not  only have  the  right  to choose  if  and when  to                                                                    
     become  parents,  but also  the  right  to raise  their                                                                    
     children in a  safe and healthy environment.  It is the                                                                    
     same over-policing  of and  violence towards  Black and                                                                    
     Indigenous bodies and their  communities that makes the                                                                    
     promise of reproductive freedom unattainable.                                                                              
                                                                                                                                
     As  our  state and  country  continue  to grapple  with                                                                    
     police  brutality, SB  32  takes a  step  in the  right                                                                    
     direction  towards   reducing  police  use   of  force.                                                                    
     According  to  the  Mapping Police  Violence  database,                                                                    
     Alaska is  tragically home to  the second  highest rate                                                                    
     of police  killings in the  country and has  the second                                                                    
     highest  rate  of  police violence  against  Black  and                                                                    
     Indigenous people. About  one-in-three people killed by                                                                    
     the  police is  an Alaska  Native person,  and a  Black                                                                    
     person in Alaska is 3.3  times more likely to be killed                                                                    
     by police as a white person.                                                                                               
                                                                                                                                
     Additionally,  the  rates  of incarceration  in  Alaska                                                                    
     have grown  dramatically in  the last  several decades,                                                                    
     with Black  and American Indian &  Alaska Native people                                                                    
     being incarcerated  at four to  five times the  rate of                                                                    
     white  people in  Alaska. Approximately  40 percent  of                                                                    
     people  incarcerated  in  Alaska identify  as  American                                                                    
     Indian &  Alaska Native people  despite only  making up                                                                    
     about 15 percent of  the state's population. Similarly,                                                                    
     7  percent  of  those incarcerated  were  Black  people                                                                    
     despite  only   constituting  3  percent   of  Alaska's                                                                    
     population.                                                                                                                
                                                                                                                                
     This   over-policing   of    BIPOC   communities,   the                                                                    
     criminalization  of BIPOC  people, and  police violence                                                                    
     imposes significant  transgenerational trauma, directly                                                                  
     harming  the   health  of  these  families   and  their                                                                    
     descendants.                                                                                                               
                                                                                                                                
     We all deserve to live in  a world where we are equally                                                                    
     protected and have  access to the resources  we need to                                                                    
     be healthy, safe,  and free from harm.  PPAA thanks you                                                                    
     for the opportunity to testify  on this important piece                                                                    
      of legislation and we urge the committee to move it                                                                       
     forward.                                                                                                                   
                                                                                                                                
4:11:38 PM                                                                                                                    
AMANA MBISE,  representing self,  Anchorage, Alaska,  stated that                                                               
he  is a  social  worker  and professor  of  social  work who  is                                                               
speaking  in  support  of  SB  32. He  thanked  the  sponsor  for                                                               
introducing  the   legislation.  He   opined  that  the   use  of                                                               
chokeholds is  contradictory to the  notion of peace. As  a Black                                                               
person he has seen chokeholds  and other means of restraint cause                                                               
the  death of  his family  members.  He expressed  hope that  the                                                               
committee would pass  the bill expeditiously. Doing  so will send                                                               
a  message  that  the legislature  cares  about  stopping  police                                                               
violence.                                                                                                                       
                                                                                                                                
4:14:13 PM                                                                                                                    
JASMIN SMITH, representing self,  Anchorage, Alaska, testified in                                                               
support  of  SB  32.  She  is  a  business  owner  and  community                                                               
organizer. She  thanked the sponsor  and staff for  their efforts                                                               
on SB  32. She  echoed the sentiments  of previous  speakers that                                                               
accountability and rebuilding  trust matters. It would  be a sign                                                               
of  solidarity particularly  for communities  of color  if SB  32                                                               
were to pass.                                                                                                                   
                                                                                                                                
4:15:57 PM                                                                                                                    
LIZ  LYKE, representing  self,  Fairbanks,  Alaska, testified  in                                                               
support of  SB 32.  She stated  that the  bill is  a step  in the                                                               
right direction to make law  enforcement accountable. She thanked                                                               
the committee for hearing the bill and urged its passage.                                                                       
                                                                                                                                
4:16:47 PM                                                                                                                    
PHILLIP MOSER, representing self,  Juneau, Alaska, stated that he                                                               
supports SB 32, but would  like significant amendments because it                                                               
doesn't have  teeth. He opined  that chokeholds are a  small part                                                               
of the  epidemic of  police brutality.  The bill  doesn't address                                                               
what  constitutes authorization  to  use deadly  force. He  would                                                               
like the  bill to  include adequate  consequences and  options to                                                               
use less deadly alternatives.                                                                                                   
                                                                                                                                
4:19:43 PM                                                                                                                    
SENATOR CLAMAN asked  Captain Sims to discuss  the trooper policy                                                               
on the  use of chokeholds,  whether troopers receive  training on                                                               
the use  of chokeholds,  and how the  exception would  work where                                                               
deadly force is allowed.                                                                                                        
                                                                                                                                
4:20:29 PM                                                                                                                    
CAPTAIN  CORNELIUS  SIMS,  Commander, Division  of  Alaska  State                                                               
Troopers, Department of Public  Safety, Anchorage, Alaska, stated                                                               
that DPS policy  and training is in  line with SB 32.  The use of                                                               
carotid restraint would  only be used in  situations where deadly                                                               
force is authorized.                                                                                                            
                                                                                                                                
SENATOR CLAMAN  asked for examples  of scenarios a  trooper might                                                               
encounter in  the field  where deadly  force and  the use  of the                                                               
chokehold would be authorized and where it would not be allowed.                                                                
                                                                                                                                
CAPTAIN  SIMS  answered that  if  a  trooper or  law  enforcement                                                               
officer's life  were in danger,  or they  were in fear  for their                                                               
life, the use  of deadly force would be authorized.  It would not                                                               
be authorized in situations where  a person refused to exit their                                                               
vehicle or  comply with  an officer's demand  to put  their hands                                                               
behind their back.                                                                                                              
                                                                                                                                
SENATOR CLAMAN asked  whether a chokehold would  be authorized if                                                               
a  person physically  fights back  when an  officer is  trying to                                                               
make an arrest.                                                                                                                 
                                                                                                                                
CAPTAIN  SIMS  replied it  would  be  authorized if  the  officer                                                               
feared their life was in danger.                                                                                                
                                                                                                                                
SENATOR CLAMAN  asked whether an  officer might be  authorized to                                                               
use a chokehold  in a situation where they were  intervening in a                                                               
fight.                                                                                                                          
                                                                                                                                
CAPTAIN SIMS replied that the  law currently allows an officer to                                                               
use such  restraint if they  can articulate that a  person's life                                                               
was in danger.                                                                                                                  
                                                                                                                                
SENATOR CLAMAN  asked if  the Department  of Public  Safety (DPS)                                                               
had a position on SB 32.                                                                                                        
                                                                                                                                
4:24:02 PM                                                                                                                    
CAPTAIN SIMS  replied the  department was  neutral, but  the bill                                                               
was in line with DPS policy.                                                                                                    
                                                                                                                                
SENATOR CLAMAN asked Joseph Gamache if  the language in SB 32 was                                                               
consistent  with  the  standards   the  Alaska  Police  Standards                                                               
Council had adopted.                                                                                                            
                                                                                                                                
4:24:20 PM                                                                                                                    
JOSEPH  GAMACHE,  Executive  Director,  Alaska  Police  Standards                                                               
Council (APSC),  Anchorage, Alaska, confirmed  that SB 32  was in                                                               
line and consistent to APSC standards.                                                                                          
                                                                                                                                
SENATOR CLAMAN asked whether APSC  permits the use of the carotid                                                               
hold only in  situations in which deadly force  is authorized and                                                               
none other.                                                                                                                     
                                                                                                                                
MR. GAMACHE  responded that  APSC has a  broader overview  of the                                                               
law   enforcement   agencies    throughout   Alaska.   Individual                                                               
departments have  their own  policies on when  the use  of deadly                                                               
force would be authorized.                                                                                                      
                                                                                                                                
SENATOR CLAMAN asked whether the  Alaska Police Standards Council                                                               
had a position on SB 32.                                                                                                        
                                                                                                                                
MR. GAMACHE replied that APSC was neutral on SB 32.                                                                             
                                                                                                                                
4:26:01 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  Mr.   Gamache  if  there  were  any                                                               
statistics   relating  to   police  officers   in  Alaska   using                                                               
chokeholds.                                                                                                                     
                                                                                                                                
MR.  GAMACHE said  he didn't  have  the statistics  but he  would                                                               
follow up with an answer.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  asked if he  was aware of  any disciplinary                                                               
actions that  had been taken  against Alaska police  officers for                                                               
the inappropriate use of chokeholds.                                                                                            
                                                                                                                                
MR. GAMACHE  answered that  he wasn't  aware of  any disciplinary                                                               
actions involving  the use of a  chokehold that had risen  to the                                                               
APSC level.                                                                                                                     
                                                                                                                                
SENATOR CLAMAN  asked the  sponsor or staff  if APD's  policy was                                                               
similar  to  DPS's  policy;  they   may  train  for  the  use  of                                                               
chokeholds but only authorize the  use in situations where deadly                                                               
force  is  allowed.  Alternatively,  he  asked  if  APD's  policy                                                               
specifically does not allow the use of chokeholds.                                                                              
                                                                                                                                
4:27:56 PM                                                                                                                    
MS. ODOM stated that APD does not utilize chokeholds.                                                                           
                                                                                                                                
4:28:14 PM                                                                                                                    
CHAIR  KAWASAKI closed  public testimony  on SB  32 and  held the                                                               
bill in committee.                                                                                                              
                                                                                                                                
4:28:35 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
             SB  31-SELECTION AND REVIEW OF JUDGES                                                                          
                                                                                                                                
4:30:06 PM                                                                                                                    
CHAIR  KAWASAKI   reconvened  the   meeting  and   announced  the                                                               
consideration  of SENATE  BILL NO.  31  "An Act  relating to  the                                                               
selection, retention, and rejection  of judicial officers for the                                                               
court  of appeals  and  the district  court  and of  magistrates;                                                               
relating to the  duties of the judicial council;  and relating to                                                               
the duties of the Commission on Judicial Conduct."                                                                              
                                                                                                                                
He  advised  that  testimony  on  SB 31  could  be  submitted  to                                                               
senate.state.affairs@leg.gov.   He   invited   the   sponsor   to                                                               
introduce the bill.                                                                                                             
                                                                                                                                
4:31:18 PM                                                                                                                    
SENATOR  MIKE  SHOWER,  District  O,  Alaska  State  Legislature,                                                               
Juneau,  Alaska  sponsor  of  SB 31,  advised  that  a  committee                                                               
substitute  was forthcoming.  He introduced  the bill  by reading                                                               
the sponsor statement.                                                                                                          
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Alaska's constitution is clear, there are two tiers of                                                                     
     judges.                                                                                                                    
                                                                                                                                
      1. Constitutional Judges: Superior Court Judges and                                                                       
         Supreme  Court  Justices  must  be  vetted  by  the                                                                    
         Judicial Council  (Council)  and  the Governor  can                                                                    
         only  select from  a  list  of  two or  more  names                                                                    
         submitted   by    the   Council.   SB    31   holds                                                                    
         constitutional  judges   harmless.  The   operating                                                                    
         authority of this provision is: Art  IV Sec 5. "The                                                                    
         Governor shall fill any vacancy in an office of the                                                                    
         supreme court  justice or  superior court  judge by                                                                    
         appointing one of two or  more persons nominated by                                                                    
         the Judicial Council.                                                                                                  
                                                                                                                                
    2.   Statutory   Judges:    District,   Appellate   and                                                                     
         Magistrates. Existing statute currently follows the                                                                    
         Judicial  Council   nomination  process.   However,                                                                    
         judicial   candidates    are    subject   to    the                                                                    
         legislature's discretion on how  they are selected,                                                                    
         and appointed and whether they are confirmed by the                                                                    
         legislature.  SB  31  exercises  the  legislature's                                                                    
         delegated constitutional authority to set policy on                                                                    
         how these statutory judges are selected to serve on                                                                    
         the bench. The operating authority of the provision                                                                    
         is: Art IV Sec 4. "Judges of  other courts shall be                                                                    
         selected  in   a  manner,   for  terms,   and  with                                                                    
         qualifications as prescribed by law."                                                                                  
                                                                                                                                
     Currently,  magistrates serve  at the  pleasure of  the                                                                    
     presiding superior court  judge. Appellate and District                                                                    
     Court  Judges  are  nominated   in  a  statute  defined                                                                    
     process that mirrors the Art  IV Sec 5 Judicial Council                                                                    
     process.                                                                                                                   
                                                                                                                                
     The Council  is structured  to give  a majority  of the                                                                    
     Alaska Bar (Bar) members the  control of who gets to be                                                                    
     a  judge or  justice. The  deciding  vote in  a tie  is                                                                    
     given  to  the  ex-officio seventh  member,  the  Chief                                                                    
     Justice. The Chief Justice has  voted 79 times to break                                                                    
     ties since 1984.                                                                                                           
                                                                                                                                
     Additionally, all judicial  candidate names are subject                                                                    
     to  a Bar  member-controlled prescreening  process. Bar                                                                    
     members of the Council  are appointed internally by the                                                                    
     Bar with no  legislative confirmation or administrative                                                                    
     oversight.  Virtually  all  the  Judiciary  Branch  is,                                                                    
     "beyond the reach of democratic  controls." There is an                                                                    
     old  saying,   "power  corrupts,  and   absolute  power                                                                    
     corrupts  absolutely." While  the bill  sponsor is  not                                                                    
     expressly alleging corruption  within the Judiciary, it                                                                    
     is undeniable  that the Bar exercises  tremendous power                                                                    
     over the judiciary.                                                                                                        
                                                                                                                                
     In a  legislative briefing  to a  joint session  of the                                                                    
     legislature,  Chief  Justice Winfrey  recently  decried                                                                    
     the  legislature meddling  in  the Judiciary,  claiming                                                                    
     there  are  no  politics   in  the  Judiciary.  If  you                                                                    
     disagree, he further  implied that you are  just a sore                                                                    
     loser.    He   was    adamant    that   the    people's                                                                    
     representatives should not  influence the selections of                                                                    
     judges.                                                                                                                    
                                                                                                                                
4:34:58 PM                                                                                                                    
SENATOR CLAMAN called a point of order saying that the foregoing                                                                
was a poor characterization of the Chief Justices' comments, and                                                                
it was inappropriately disrespectful.                                                                                           
                                                                                                                                
CHAIR SHOWER countered and then continued to read the sponsor                                                                   
statement.                                                                                                                      
                                                                                                                                
     However,  the  constitutional  framers that  sought  to                                                                    
     protect upper benches  from political meddling, against                                                                    
     their  own convention  consultant's warnings,  yet left                                                                    
     the  lower benches  up to  legislative  control. Up  to                                                                    
     this point, the legislature  ceded 100% control, and it                                                                    
     mirrors  the  "constitutional"   Alaska  Bar  selection                                                                    
     controls.                                                                                                                  
                                                                                                                                
     The   Alaska    Constitutional   Convention   Judiciary                                                                    
     Committee Consultants wrote, as  reported by Vic Fisher                                                                    
     in  his book,  "Alaska's Constitutional  Convention." -                                                                    
      No  state  constitution  has ever  gone  this  far  in                                                                    
     placing  one of  the three  branches of  the government                                                                    
     beyond the  reach of democratic controls.  We feel that                                                                    
     in its desire to preserve  the integrity of the courts,                                                                    
     the convention  has gone farther  than is  necessary or                                                                    
     safe (emphasis added)  in putting them in  the hands of                                                                    
     a private professional  group, however, public-spirited                                                                    
     its members may be.                                                                                                        
                                                                                                                                
     Senate  Bill  31   strikes  the  "safe"  constitutional                                                                    
     balance  envisioned  by  the   framers  by  giving  the                                                                    
     governor   and   the    people's   representatives   an                                                                    
     appropriate  say  in  who  sits  on  certain  statutory                                                                    
     benches.  It allows  the governor  to  appoint and  the                                                                    
     legislature to  confirm who fills  magistrate, district                                                                    
     court  and  appellate  judges.   It  still  allows  the                                                                    
     Council  to screen  and recommend  all candidates,  but                                                                    
     the governor is  not mandated to appoint  only from the                                                                    
     Bar  submitted  list.  The governor  can  nominate  and                                                                    
     appoint    Judicial   Council    screened   magistrate,                                                                    
     district, and  appellate judges.  Even then,  the final                                                                    
     "safety" cross  check would  be an up  or down  vote on                                                                    
     each   appointment  to   the   lower   courts  by   the                                                                    
     legislature.                                                                                                               
                                                                                                                                
     The  sponsor  respectfully  suggests that  lawyers  may                                                                    
     have a conflict  of interest when they  rate judges for                                                                    
     retention. They all may appear  before those judges and                                                                    
     are all  sworn officers of  the court. Imagine  if only                                                                    
     legislators could  nominate who  could run  for office!                                                                    
     Do they gain  favor with judges they helped  get on the                                                                    
     bench? Do they lose favor  with those they rate poorly,                                                                    
     or vote  against? The Constitution is  clear, all power                                                                    
     is derived  from the people,  not the Bar or  any other                                                                    
     private  or trade  organization. It  is well  past time                                                                    
     the "people's"  branch, the legislature, take  back its                                                                    
     constitutional derived authority  in selection of lower                                                                    
     judicial appointments.                                                                                                     
                                                                                                                                
     SB 31 exercises the  authority expressly granted in the                                                                    
     constitution,  for  the  legislature  and  governor  to                                                                    
     prescribe  how Magistrates,  District Court  judges and                                                                    
     Appellant  Court judges  are  nominated and  confirmed.                                                                    
     Thus,   awakening  the   constitutional  framers   long                                                                    
     dormant approach to judicial selections.                                                                                   
                                                                                                                                
4:37:30 PM                                                                                                                    
CHAIR KAWASAKI  asked the  sponsor to  point out  the differences                                                               
between this bill and the forthcoming CS.                                                                                       
                                                                                                                                
CHAIR SHOWER  said the  bottom line is  that magistrates  will be                                                               
removed from the bill, except for the accountability section.                                                                   
                                                                                                                                
4:38:43 PM                                                                                                                    
SENATOR CLAMAN  noted the  reference to 79  times that  the Chief                                                               
Justice voted  to break  a tie when  the council  was considering                                                               
whether or not  to advance a name to the  governor for nomination                                                               
to a judgeship.  He asked  how many times names were advanced and                                                               
the Chief Justice did not participate.                                                                                          
                                                                                                                                
CHAIR SHOWER said he didn't know.                                                                                               
                                                                                                                                
SENATOR CLAMAN asked if it was hundreds or thousands.                                                                           
                                                                                                                                
CHAIR SHOWER  guessed that at best  it would be a  few hundred in                                                               
the history of the state.                                                                                                       
                                                                                                                                
4:40:07 PM                                                                                                                    
SENATOR CLAMAN asked  if he was saying that the  council voted to                                                               
advance a name  to the governor just a few  hundred times without                                                               
the Chief Justice having to cast a vote to break the tie.                                                                       
                                                                                                                                
CHAIR SHOWER  said he thought  that was correct.  He acknowledged                                                               
that  he  didn't  spend  time  researching  that  aspect  of  the                                                               
question.                                                                                                                       
                                                                                                                                
SENATOR CLAMAN  asked how often in  those 79 times did  the Chief                                                               
Justice vote  in favor of  advancing the  name and how  many time                                                               
did the Chief Justice vote to not advance the name.                                                                             
                                                                                                                                
CHAIR SHOWER replied he didn't ask  for that data; he only wanted                                                               
to  show that  it does  happen.  He didn't  want it  to become  a                                                               
political issue.                                                                                                                
                                                                                                                                
4:44:56 PM                                                                                                                    
SENATOR CLAMAN said his quick review  of the material in the bill                                                               
packet  indicated that  a substantial  majority of  the time  the                                                               
Chief  Justice voted  to advance  the  name to  the governor  for                                                               
consideration. He  disputed the  notion that  it was  a political                                                               
process, and expressed interest in  the sponsor's office doing an                                                               
accounting so  the committee  knows how  often the  Chief Justice                                                               
voted against advancing a name.                                                                                                 
                                                                                                                                
CHAIR  SHOWER  said  he'd  try  to  get  the  data.  He  directed                                                               
attention to  a document in  the bill packets that  describes how                                                               
Alaska  judges  currently are  selected,  with  the exception  of                                                               
magistrates. SB  31 suggests  using the  same attorney  pool, the                                                               
Judicial Council still  vets and screens the  candidates, and the                                                               
governor  would make  the selection.  If the  governor rejects  a                                                               
selection, it  triggers a second  round. In the second  round the                                                               
governor would  choose two names  and the judicial  council would                                                               
choose  up to  four more  names, the  governor would  choose from                                                               
those  names,  and the  legislature  would  vote to  confirm  the                                                               
judges. This would  apply to district and  appellate courts; this                                                               
would apply to 24 judges.                                                                                                       
                                                                                                                                
SENATOR CLAMAN  asked if he  agreed that all judges  currently go                                                               
through the same process for appointment.                                                                                       
                                                                                                                                
SENATOR SHOWER said yes.                                                                                                        
                                                                                                                                
SENATOR CLAMAN  opined that if some  judges were to go  through a                                                               
processes that  is not pursuant  to the constitution,  they would                                                               
be  more likely  to approach  things with  a different  degree of                                                               
rigor or differently  than judges who were  appointed pursuant to                                                               
the  constitutional process.  This  would  invite more  appellate                                                               
litigation and  more disagreement amongst the  district court and                                                               
the courts  of appeals  with the superior  court and  the Supreme                                                               
Court. He  said it seems that  the proposed process would  not be                                                               
as good as the current process.                                                                                                 
                                                                                                                                
4:46:27 PM                                                                                                                    
CHAIR  SHOWER   maintained  that  he  was   suggesting  what  the                                                               
constitutional founders  said to do.  The judges will  follow the                                                               
rules the Supreme Court sets. He didn't see an issue.                                                                           
                                                                                                                                
SENATOR CLAMAN asked  if he could point to an  example in which a                                                               
magistrate  was found  to owe  a duty  of loyalty  to a  superior                                                               
court judge.                                                                                                                    
                                                                                                                                
SENATOR  SHOWER said  that's unprovable,  but  it's a  reasonable                                                               
assumption.                                                                                                                     
                                                                                                                                
4:48:45 PM                                                                                                                    
SENATOR CLAMAN asked if the  Commission on Judicial Conduct looks                                                               
at the  conduct of judges  and magistrates and takes  action only                                                               
if they are doing something inappropriate.                                                                                      
                                                                                                                                
CHAIR SHOWER offered his understanding  that the commission would                                                               
investigate a complaint that was filed.                                                                                         
                                                                                                                                
CHAIR  KAWASAKI  advised that  testimony  could  be submitted  to                                                               
senate.state.affairs@akleg.gov.                                                                                                 
                                                                                                                                
4:50:40 PM                                                                                                                    
CHAIR KAWASAKI opened public and invited testimony on SB 31.                                                                    
                                                                                                                                
4:50:48 PM                                                                                                                    
BETTY JO  MOORE, representing  self, Anchorage,  Alaska, provided                                                               
invited testimony  in support  of SB 31.  She stated  that Alaska                                                               
needs  judicial reform  because not  all judges  follow the  law,                                                               
which  violates citizens'  constitutional  rights.  She said  the                                                               
selection of  judges should  never be  controlled by  a political                                                               
party  or  the  Alaska  Bar.  Alaska  needs  judges  who  protect                                                               
Alaskans against injustices. She quoted  a statement from a group                                                               
of justices  who acknowledged that  too often  African Americans,                                                               
Alaska Natives,  and other people  of color are not  treated with                                                               
dignity  and respect  and  that as  judicial  officers they  were                                                               
committed to do more to change this reality.                                                                                    
                                                                                                                                
MS. MOORE stated that another  group of people who aren't treated                                                               
with  the  respect  they  deserve  are  the  people  without  the                                                               
education,  financial means,  or necessary  political connections                                                               
to protect their constitutional  rights to protect their children                                                               
from the  states foster care  system. She questioned  whether the                                                               
people in jail for crimes  they didn't commit actually received a                                                               
fair trial.  She mentioned a  survey mailed several weeks  ago to                                                               
all  Senators and  Representatives asking  about the  Kenai Grand                                                               
Jury investigation  and judicial corruption. Ms.  Moore recounted                                                               
the  letters  she  had  written  highlighting  the  wrongful  and                                                               
inaccurate facts in  an order that a superior  court judge wrote,                                                               
the imbalance in the judicial  system, and judicial violations of                                                               
constitutional  rights. She  charged  that  there was  documented                                                               
proof of corruption among Alaskan  judges and that they needed to                                                               
be  impeached.   She  emphasized   the  need  to   stop  judicial                                                               
corruption and that the remedy was for  SB 31 to become law and a                                                               
constitutional convention to be called.                                                                                         
                                                                                                                                
4:55:14 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  what percent  of Alaskan  judges she                                                               
believed were corrupt.                                                                                                          
                                                                                                                                
MS. MOORE answered that she  wouldn't give a percentage until the                                                               
documentation is released, but one  judicial injustice is one too                                                               
many.                                                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if she  agreed that  the process  to                                                               
remove corrupt judges was through the retention vote.                                                                           
                                                                                                                                
MR.  MOORE  responded that  the  retention  vote process  doesn't                                                               
work.                                                                                                                           
                                                                                                                                
4:57:42 PM                                                                                                                    
LOREN LEMAN,  former lieutenant  governor and  former legislator,                                                               
Anchorage, Alaska,  provided invited  testimony in support  of SB                                                               
31. He relayed a story from  when he was a freshman legislator. A                                                               
member of the opposite party  said Alaska might have a republican                                                               
governor  someday but  his  party would  always  have the  courts                                                               
because of  the way  judges are selected.  Over the  years that's                                                               
been his observation;  over the last 35 years he's  seen just one                                                               
strict constitutionalist  on the Alaska Supreme  Court. He opined                                                               
that  every republican  governor since  statehood had  complained                                                               
about  the  names  the  Judicial  Council  did  not  advance.  He                                                               
provided examples. He described the  current system as broken and                                                               
SB 31 as a creative solution.                                                                                                   
                                                                                                                                
5:02:16 PM                                                                                                                    
FRITZ PETTYJOHN, former legislator and  member of the Alaska bar,                                                               
Anchorage, Alaska,  provided invited  testimony in support  of SB                                                               
31.  He  mentioned  a  course  he took  during  law  school  that                                                               
advocated  for lawyers  to  advance social  justice.  He said  he                                                               
didn't  believe  it then  and  he  hadn't  changed his  mind.  He                                                               
believes  that  somebody  who wants  to  advance  social  justice                                                               
should run for the legislature, which  he did. He opined that the                                                               
idea that  part of the job  of judges and justices  is to advance                                                               
social justice is an anathema; their  job is to interpret the law                                                               
as written. Their  job is not to create the  law. He said there's                                                               
a fight  in this  country over US  Supreme Court  justices; there                                                               
are conservatives who believe in  judicial restraint and liberals                                                               
who believe in  judicial activism. He maintained  that the reason                                                               
Alaska  doesn't have  that  conflict is  because  the Alaska  Bar                                                               
Association  is  overwhelmingly  weighted  with  individuals  who                                                               
believe that  judges and the  court system should  advance social                                                               
justice. He  called that  backward and  opined that  SB 31  was a                                                               
small step in the right direction.                                                                                              
                                                                                                                                
SENATOR SHOWER  thanked the  committee for  staying late  to hear                                                               
the testimony.                                                                                                                  
                                                                                                                                
5:06:06 PM                                                                                                                    
CHAIR  KAWASAKI held  SB 31  in committee  with public  testimony                                                               
open.                                                                                                                           
                                                                                                                                
5:06:42 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Kawasaki  adjourned  the  Senate  State  Affairs  Standing                                                               
Committee meeting at 5:06 p.m.