Legislature(2015 - 2016)CAPITOL 120

03/26/2015 01:00 PM House MILITARY & VETERANS' AFFAIRS

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01:01:38 PM Start
01:02:21 PM HB126
03:00:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 126-CODE OF MILITARY JUSTICE; APPEALS                                                                        
               [Contains discussion of HB 121]                                                                                  
1:02:21 PM                                                                                                                    
CHAIR HERRON announced  that the only order of  business would be                                                               
HOUSE BILL  NO. 126,  "An Act relating  to the  administration of                                                               
military justice; relating to the  adoption of a code of military                                                               
justice by  the adjutant  general; relating  to the  authority of                                                               
the  adjutant general;  relating  to appeals  of convictions  and                                                               
sentences  of courts-martial;  establishing the  Military Appeals                                                               
Commission;  relating  to  the  detention  and  incarceration  of                                                               
members  of the  militia;  relating to  the  jurisdiction of  the                                                               
court  of   appeals;  relating  to  involuntary   commitment  for                                                               
evaluation  or treatment  of a  mental disease  or defect  before                                                               
court-martial proceedings; and providing for an effective date."                                                                
CHAIR HERRON  acknowledged Representative Tuck and  his staff for                                                               
the work they have done on the proposed legislation.                                                                            
1:02:55 PM                                                                                                                    
REPRESENTATIVE  LEDOUX  moved  to adopt  the  proposed  committee                                                               
substitute  (CS) for  HB  126,  labeled 29-LS0473\H,  Strasbaugh,                                                               
3/24/15, as the work draft.                                                                                                     
1:03:06 PM                                                                                                                    
CHAIR HERRON objected for discussion purposes.                                                                                  
[The committee treated Chair Herron's objection as removed.]                                                                    
1:03:37 PM                                                                                                                    
REPRESENTATIVE GRUENBERG objected for discussion purposes.                                                                      
1:03:50 PM                                                                                                                    
REPRESENTATIVE  LEDOUX,  speaking  as  the  chair  of  the  House                                                               
Judiciary Standing Committee, sponsor,  informed the committee HB
126  is  timely and  necessary  legislation.   Alaska's  National                                                               
Guard  command has  asked for  a  greater ability  to pursue  and                                                               
prosecute   those  members   who  violate   military  rules   and                                                               
protocols.   House Bill 126  honors that  request and lays  out a                                                               
blueprint  for  administrative  procedures for  use  by  National                                                               
Guard  leadership in  the state.   Representative  LeDoux thanked                                                               
Representative Tuck  and his staff  for their work on  this issue                                                               
and their  assistance to the  House Judiciary  Standing Committee                                                               
REPRESENTATIVE  TUCK   said  it   has  been  difficult   for  the                                                               
Department of Military  & Veterans' Affairs (DMVA) to  not have a                                                               
code  of military  justice when  guidance  is needed.   The  bill                                                               
establishes  a set  of procedures  and substantive  criminal laws                                                               
modeled from  a code provided  by the U.S. Department  of Defense                                                               
(DoD).  He observed that Alaska  Statutes are unique, thus it was                                                               
difficult  to  draft a  document  that  protects members  of  the                                                               
Alaska National Guard and ensures its integrity.                                                                                
1:06:27 PM                                                                                                                    
THOMAS  BROWN,  Staff,  Representative Gabrielle  LeDoux,  Alaska                                                               
State Legislature, informed the committee  HB 126 would grant the                                                               
Alaska  National   Guard  (AKNG)  a  basic   legal  framework  to                                                               
establish a functioning system of  military justice.  He recalled                                                               
that  Representative Tuck  introduced HB  121, which  was similar                                                               
legislation; in  fact, a significant  portion of HB 121  has been                                                               
rolled into HB  126.  However, HB 126 grants  a greater amount of                                                               
administrative authority  to AKNG in  order to achieve  its goal,                                                               
and is  the method preferred  by DMVA  and AKNG leadership.   The                                                               
sponsor  does  not   anticipate  that  HB  126   would  pass  the                                                               
legislature  this session,  but  that technical  problems can  be                                                               
discovered  and  corrected  in  order to  prepare  the  bill  for                                                               
passage early in 2016.   Mr. Brown paraphrased from the sectional                                                               
analysis of HB 126 as follows [original punctuation provided]:                                                                  
     Section 1,  page 1 -  amends 22.07.020.  Designates the                                                                    
     Alaska  Court of  Appeals as  the  appellate court  for                                                                    
     service-members     who     have    exhausted     their                                                                    
     administrative  appeals. Section  2,  page  2 -  amends                                                                    
     26.05.140(a).  Limits  criminal   liability  for  Guard                                                                    
     members for any act done  in their official capacity in                                                                    
     the  line  of  duty,  but does  not  apply  to  charges                                                                    
     already  brought before  a military  court; Section  3,                                                                    
     page  2 -  amends  26.05.228(b). Conforming  amendment;                                                                    
     Section 4,  pages 2-36  - amends  26.05. Creates  a new                                                                    
     Article,  the  Code of  Military  Justice.  Of the  new                                                                    
     sections  in this  Article, it  instructs the  adjutant                                                                    
     general  to adopt  regulations for  a Code  of Military                                                                    
     Justice  under the  terms of  the  chapter which  will,                                                                    
     p.3:   -  Organize   courts-martial;   -  Provide   for                                                                    
     nonjudicial   punishment   (NJP);  -   Identify   which                                                                    
     offenses  are  subject  to   court-martial  or  NJP;  -                                                                    
     Identify  allowable punishments  for  such offenses;  -                                                                    
     Identify  rules  of  trial,  pretrial,  post-trial  and                                                                    
     related  procedures; -  Organize courts  of inquiry;  -                                                                    
     Provide adequate protection  of classified information;                                                                    
     Other  sections in  the new  Code  of Military  Justice                                                                    
     include: -  A statement that all  non-military offenses                                                                    
     shall be  tried in  a civilian court,  p.4; -  Grant of                                                                    
     exclusive jurisdiction of  courts-martial over the code                                                                    
     of military  justice and that  the code applies  to all                                                                    
     military  offenses, p.  4; -  Sets jurisdiction  of the                                                                    
     military   code   over   deserters   and   fraudulently                                                                    
     discharged  personnel  and  those  members  who  commit                                                                    
     their offense outside  of the state or  live outside of                                                                    
     the  state  when  charged  with  the  offense,  p.4;  -                                                                    
     Details  the duties  and  qualifications  of those  who                                                                    
     serve  as  judge  advocates, p.5;  -  Defines  who  may                                                                    
     apprehend  members accused  of a  military offense  and                                                                    
     how  that apprehension  is  to take  place,  p. 5-6;  -                                                                    
     Defines  how  a  member  may be  arrested,  under  what                                                                    
     conditions they  may be  arrested, who  may do  so, and                                                                    
     how  they may  be confined,  p.  6-7; -  Defines how  a                                                                    
     member accused  of a military offense  may be delivered                                                                    
     to  a   civilian  authority,   p.7;  -   Describes  the                                                                    
     composition,    duties,   terms    of   service,    and                                                                    
     jurisdictions of  courts-martial, p.8- 11;  - Describes                                                                    
     the  duties   and  qualifications  of   trial  counsel,                                                                    
     defense  counsel, assistant  counsel, court  reporters,                                                                    
     and  interpreters   of  courts-martial,  p.   11-12;  -                                                                    
     Specifies the  procedures for bringing  charges against                                                                    
     a member.  p.13; -  Prevents the  self-incrimination of                                                                    
     the   accused,  p.13;   -  Defines   the  investigatory                                                                    
     process,p.14; -  Lays out how charges  may be processed                                                                    
     and the  procedures for  continuances, oaths  of office                                                                    
     for court  officers,p.15-17; - Defines the  statutes of                                                                    
     limitations  for  military offenses,p.19;  -  Prohibits                                                                    
     double jeopardy charges and describes  how pleas of the                                                                    
     accused  are  to  be   processed,p.19;  -  Defines  how                                                                    
     subpoenas  and  contempt of  court  charges  are to  be                                                                    
     processed,p.19-20; -  Provides for an  insanity defense                                                                    
     for  the  accused  and  the  determination  for  mental                                                                    
     competency of  the accused, p.  20-23; -  Describes the                                                                    
     procedures   for   voting   and   ruling   in   courts-                                                                    
     martial,p.23-24;  - Requires  the recording  of courts-                                                                    
     martial,p.24-25; - Describes  the allowable punishments                                                                    
     and   sentences  and   prohibits   cruel  and   unusual                                                                    
     punishments, p. 25-27; -  Describes the appeals process                                                                    
     in  the   military  code,  including  appeals   by  the                                                                    
     state,p.27-28; -  Allows for  a vacation  of suspension                                                                    
     under  certain  circumstances,p.28;  - Allows  for  the                                                                    
     accused   to  petition   for  a   new  trial   and  the                                                                    
     restoration  of  privileges,p.28-29;  -  Describes  the                                                                    
     composition   and  duties   of  the   Military  Appeals                                                                    
     Commission,p.29-32; - Defines  who may administer oaths                                                                    
     for   the    purposes   of    military   administration                                                                    
     proceedings,p.32;   -  Allows   for  the   governor  to                                                                    
     delegate   authority   for   the   code   of   military                                                                    
     justice,p.32; -  Creates a military justice  account in                                                                    
     the  general  fund,p.33;  -  Describes  the  system  of                                                                    
     paying  and collection  of  fines  associated with  the                                                                    
     military  code,p.33;  -  Describes  the  pay  scale  of                                                                    
     officers and  witnesses of  the courts-martial,p.33-34;                                                                    
     - Provides  immunity for persons who  acted pursuant to                                                                    
     their duties  under the  military code,p.34;  - Defines                                                                    
     terms associated with  the new Article,p.34-36; Section                                                                    
     5, page  36 - amends  33.30.011. Further  defines 'held                                                                    
     under authority  of state law' to  include persons held                                                                    
     under the  military code; Section  6, page 36  - amends                                                                    
     33.30.051.  Describes how  persons convicted  under the                                                                    
     military  code  are  to   be  restrained  or  confined;                                                                    
     Section  7, page  36 -  amends 44.23.020.  requires the                                                                    
     Attorney General  to assist courts-martial in  cases of                                                                    
     mental  incompetency; Section  8, page  36-37 -  amends                                                                    
     44.35.020(a).  Conforming  amendment dealing  with  the                                                                    
     duties of the Dept.  of Military and Veterans' Affairs;                                                                    
     Section 9, page  37 - Repeal section;  Section 10, page                                                                    
     37  -  Applicability  clause; Section  11,  page  37  -                                                                    
     Establishes and  describes the terms  of office  of the                                                                    
     Military Appeals  Commission; Section 12, page  37-38 -                                                                    
     Authorizes the  adjutant general  to enact  and enforce                                                                    
     the  regulations under  the Code  of Military  Justice,                                                                    
     upon approval  of the governor;  Section 13, page  38 -                                                                    
     Effective date  for section  12 Section  14, page  38 -                                                                    
     Effective date for the rest of the bill.                                                                                   
1:15:41 PM                                                                                                                    
CHAIR HERRON turned the gavel over to Vice-Chair LeDoux.                                                                        
1:16:35 PM                                                                                                                    
ROBERT    DOEHL,    Deputy    Commissioner,   Office    of    the                                                               
Commissioner/Adjutant  General,   DMVA,  provided   a  PowerPoint                                                               
presentation  entitled "Alaska  Code of  Military Justice  HB 126                                                               
and the Alaska  National Guard."  Mr. Doehl said  AKNG traces its                                                               
heritage  to  the  militias  of the  colonies  that  predate  the                                                               
formation  of  the United  States.    The Alaska  National  Guard                                                               
remains under  the command and control  of the governor and  is a                                                               
state  militia, although  the federal  government recognizes  the                                                               
federal interest in  a militia and provides  financial support to                                                               
organize, train,  and equip AKNG  (slide 1 entitled  "AK National                                                               
Guard Funding").   Mr.  Doehl said  DMVA supports  HB 126  on the                                                               
following key  points:   HB 126 provides  an enabling  statute to                                                               
assure that AKNG  adjusts to changes in the  federal Uniform Code                                                               
of  Military  Justice  (UCMJ); HB  126  addresses  constitutional                                                               
issues  of due  process unique  to Alaska;  HB 126  is the  right                                                               
mechanism  to address  recent AKNG  issues and  to maintain  good                                                               
order and discipline;  HB 126 is not redundant  to state civilian                                                               
criminal law  but will supplement state  law; HB 126 serves  as a                                                               
deterrent (slide 2 entitled "Key Points  on HB 126 & ACMJ").  Mr.                                                               
Doehl said  the missing leg  for the "three-legged stool  of good                                                               
order  and discipline"  is  a  mechanism for  an  Alaska Code  of                                                               
Military Justice (ACMJ);  AKNG has the use  of administrative law                                                               
and  Alaska  criminal  law,  but  lacks  a  means  to  reform  an                                                               
individual (slide 3 entitled "Good order and Discipline").                                                                      
1:20:26 PM                                                                                                                    
FIRST  LIEUTENANT FORREST  DUNBAR,  Alaska  Army National  Guard,                                                               
Office of  the Commissioner/Adjutant General, DMVA,  informed the                                                               
committee that  AKNG does have  a territorial-era  military code:                                                               
Alaska Statute Title  26; however, the code does  not provide for                                                               
a  code of  military justice.   Although  the existing  code does                                                               
provide that AKNG may create a  military code, it does not define                                                               
the necessary  procedures, or  require AKNG to  do so,  which are                                                               
provisions  in  HB  126.   The  federal  UCMJ  includes  criminal                                                               
offenses,  in addition  to military  offenses, thus  the proposed                                                               
ACMJ  would not  mirror UCMJ,  but would  be limited  to military                                                               
offenses.    The  Alaska  state criminal  code  also  applies  to                                                               
soldiers/airmen (slide  4 entitled "Existing Relevant  Law").  He                                                               
explained  the   following  different  statuses  that   apply  to                                                               
guardsmen (slide 5 entitled  "Examples of Service-member Statuses                                                               
and slide 6 entitled "Applicable Law"):                                                                                         
   · Title 32 occurs during a duty weekend when guardsmen are                                                                   
     commanded by the governor and resourced by the federal                                                                     
     government.  Also in Title 32 are active guard reserve                                                                     
     (AGR) in full-time guard status.                                                                                           
   · Title 10 occurs when guardsmen are fully federalized and                                                                   
     deployed, thus are subject to UCMJ.                                                                                        
   · State Active Duty occurs when guardsmen are commanded and                                                                  
     resourced by the state, for example, during disaster                                                                       
LIEUTENANT DUNBAR  further explained  that Title 10  also applies                                                               
to active  duty U.S. military  and to fully  federalized national                                                               
guardsmen,  and the  Alaska criminal  code applies  at all  times                                                               
when  guardsmen are  in Alaska,  regardless  of status;  however,                                                               
there is no military code of  justice that applies to Title 32 or                                                               
State Active Duty  guardsmen, and these are  the circumstances HB
126 seeks to address.  He  returned attention to the goal of good                                                               
order and discipline and further  described that the missing part                                                               
- ACMJ - has not  been available either through courts-martial or                                                               
for  non-judicial  punishment.    Non-judicial  punishment  is  a                                                               
frequently-used tool by  commanders and does not  require a trial                                                               
or severe punishment, but is  swift and certain discipline (slide                                                               
7  entitled  "Good  order  and Discipline").    Among  the  tools                                                               
required by  commanders and administrators to  maintain order and                                                               
discipline  are  administrative  actions,   such  as  letters  of                                                               
reprimand and  administrative separation with  a characterization                                                               
of service  (slide 8  entitled "Tools  Required to  Maintain Good                                                               
Order  &  Discipline").   At  this  time,  AKNG cannot  give  bad                                                               
conduct   or  dishonorable   discharges,  however,   dishonorable                                                               
discharges  would  be available  by  the  proposed code  under  a                                                               
general court-martial.   He restated  AKNG's support of  the bill                                                               
and its  intent to  develop a set  of regulations  that stipulate                                                               
offenses and  penalties, as well  as procedures and  a regulation                                                               
for  non-judicial punishment.   Lieutenant  Dunbar stated  AKNG's                                                               
intent to work  with the legislature during  interim to determine                                                               
detailed statutory  language, and hear testimony  from commanders                                                               
(slide 9 entitled  "The Guard's Current Plan of  Action").  Prior                                                               
to January 2016, regulations will be presented to legislators.                                                                  
1:29:15 PM                                                                                                                    
REPRESENTATIVE GRUENBERG directed attention  to Version H on page                                                               
2, lines 14-16 which read in part:                                                                                              
     Nothing in this subsection applies to a proceeding or                                                                      
        action brought under this chapter or the code of                                                                        
     military justice.                                                                                                          
REPRESENTATIVE  GRUENBERG suggested  the aforementioned  language                                                               
should be included  in the applicability clause  found in section                                                               
10 on page 37.   He then directed attention to  Version H on page                                                               
34, lines 3-5 which read in part:                                                                                               
     The  code of  military  justice shall  be construed  to                                                                    
     carry  out  their  general  purpose   and,  so  far  as                                                                    
     practicable, in  a manner uniform  with 10  U.S.C. 801-                                                                    
REPRESENTATIVE  GRUENBERG surmised  that  crimes  adopted in  the                                                               
proposed bill  would be interpreted  as the  equivalent provision                                                               
in UCMJ.                                                                                                                        
LIEUTENANT  DUNBAR said  correct; this  provision is  persuasive,                                                               
but not controlling, precedent.                                                                                                 
REPRESENTATIVE   GRUENBERG  expressed   his  understanding   that                                                               
following  the  adoption  of  a   law  from  another  state,  the                                                               
interpretation of  the law from  the other state's  highest court                                                               
is simply persuasive.  Further, this  is true if a uniform act is                                                               
adopted  and is  a major  advantage  to adopting  a uniform  act.                                                               
Referring back  to HB 126, he  said "this here, sounds  like it's                                                               
different, like it's simply persuasive"  and he urged the sponsor                                                               
to review this  aspect, and opined it's very  important to really                                                               
understand how the bill is going to work.                                                                                       
VICE-CHAIR LEDOUX confirmed the  section in question was proposed                                                               
section 26.05.560.                                                                                                              
1:34:53 PM                                                                                                                    
MR.  DOEHL said  the  intent of  this language  was  to define  a                                                               
consistent  body  of law  at  the  state  level  in Alaska.    He                                                               
     Looking  at  these  military code  provisions,  because                                                                    
     there  is still  variance and  ... on  how the  uniform                                                                    
     code has been adopted to  look to article 1 and article                                                                    
     3 courts as  they have interpreted the  federal code of                                                                    
     military justice, and as they  have developed that body                                                                    
     of  law  and that  body  of  law frankly  continues  to                                                                    
     evolve. ... At  any time it remains  persuasive to this                                                                    
     jurisdiction,  was my  best recollection  of that  case                                                                    
REPRESENTATIVE GRUENBERG said the issue  is that crimes would not                                                               
be   adopted   by  the   legislature,   but   would  be   adopted                                                               
administratively; in  the past, precedent  was set by  judges and                                                               
not  by  an administrative  agency.    If  a statute  is  enacted                                                               
through a regulation, the ruling of the statute is important.                                                                   
VICE-CHAIR  LEDOUX understood  that  if Alaska  adopts  a law  of                                                               
another  state, the  interpretation of  that law  by the  highest                                                               
court of the  other state would be persuasive  on Alaska's court,                                                               
but would not be binding on Alaska's court.                                                                                     
1:37:33 PM                                                                                                                    
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative Director,  Alaska Court  System, opined  that                                                               
adopting codes  from other jurisdictions, which  was done largely                                                               
at the  onset of statehood,  meant that the  other jurisdiction's                                                               
courts' interpretation of those  provisions are highly persuasive                                                               
on the Alaska courts, but are  not binding.  In a similar manner,                                                               
when  Alaska   adopts  uniform  laws,  the   interpretations  are                                                               
persuasive on Alaska's courts, but not binding.                                                                                 
REPRESENTATIVE  HUGHES returned  attention to  slide 8  and asked                                                               
for examples  of crimes addressed by  non-judicial punishment and                                                               
courts-martial, under the proposed ACMJ.   Also, she asked for an                                                               
example  of  procedures  that   precede  issuing  a  non-judicial                                                               
LIEUTENANT  DUNBAR  answered that  some  procedures  would be  in                                                               
regulation as  tasked by  the bill.   In general,  a non-judicial                                                               
punishment charge  is less serious  than one addressed  by court-                                                               
martial.   Certain officers at certain  levels bring non-judicial                                                               
MR.  DOEHL added  that  the accused  can  request a  non-judicial                                                               
punishment or  a special court-martial.   Non-judicial punishment                                                               
is for crimes such as sleeping  on duty, or failure to report for                                                               
duty;  courts-martial  are  for  more serious  offenses  such  as                                                               
urging others to disobey a direct order.                                                                                        
REPRESENTATIVE  HUGHES  surmised   that  non-judicial  punishment                                                               
would be issued by an officer.                                                                                                  
MR. DOEHL  stated although the  decision is made by  one officer,                                                               
there is  a process to give  the individual a right  to be heard,                                                               
to be represented, and to  present evidence, and the decision can                                                               
be challenged.                                                                                                                  
REPRESENTATIVE  HUGHES  observed  that  it  is  unusual  to  have                                                               
proposed regulations  drawn prior to  the passage of a  bill; she                                                               
asked whether  this process  has been used  elsewhere.   She also                                                               
inquired  as to  whether participation  in discussions  about the                                                               
bill by military members would only include officers (slide 9).                                                                 
LIEUTENANT   DUNBAR   offered   that  Oregon   adopted   existing                                                               
regulations  on  substantive  offenses  in a  similar  manner  as                                                               
proposed; in general, Alaska will  draw on the experiences of the                                                               
federal  UCMJ,  that   of  other  states,  and   the  model  code                                                               
distributed by National Guard Bureau.   The National Guard Bureau                                                               
model was used  extensively in HB 121, although  some offenses in                                                               
the  model code  are  archaic.   Military  participation will  be                                                               
encouraged from a broad cross-section of guardsmen.                                                                             
1:44:41 PM                                                                                                                    
MR.  DOEHL  directed  attention  to slide  9  and  explained  the                                                               
commander's  action  group will  include  members  at the  airmen                                                               
level from  each branch.   The importance  of the  issue affected                                                               
the timing and he said, "in  order to move the process along, and                                                               
also to simplify  the oversight, to say 'this is  how we envision                                                               
carrying out  the legislation you're  giving us' we felt  it best                                                               
to proceed now rather than wait."                                                                                               
REPRESENTATIVE HUGHES  asked whether the  bill was based  on UCMJ                                                               
with the criminal part removed.                                                                                                 
LIEUTENANT  DUNBAR acknowledged  that  ACMJ  will essentially  be                                                               
UCMJ  stripped  of nonmilitary  offenses;  however,  that is  not                                                               
specified  in  the  proposed  statute.    There  may  be  certain                                                               
offenses not  carried forward  from UCMJ, or  others added.   The                                                               
statute and regulations will be  Alaska documents, and he gave an                                                               
example  of protections  in the  Alaska  State Constitution  that                                                               
would cause ACMJ to differ from UCMJ.                                                                                           
REPRESENTATIVE HUGHES  inquired as  to whether other  states have                                                               
adopted a similar code.                                                                                                         
LIEUTENANT DUNBAR deferred to Captain Jennifer King.                                                                            
1:48:03 PM                                                                                                                    
CAPTAIN  JENNIFER  KING,  Judge  Advocate  General,  Alaska  Army                                                               
National  Guard, was  unsure of  the  number of  states that  are                                                               
operating without  their own state  UCMJ; however, Alaska  is not                                                               
the last as  Alabama put its code in place  in 2015, and Kentucky                                                               
is in the process of revision.                                                                                                  
VICE-CHAIR  LEDOUX asked  whether the  military codes  adopted in                                                               
other states include criminal laws.                                                                                             
LIEUTENANT DUNBAR was unsure.                                                                                                   
MR. DOEHL said, "I believe some  have criminal codes on the book,                                                               
I believe they  are rarely, if ever, exercised."   In Alaska, the                                                               
small size  of the military creates  a challenge when a  panel is                                                               
needed for procedural and due  process.  For example, gathering a                                                               
jury of members of  a rank above the rank of  the accused, from a                                                               
small pool, is daunting in a felony case.                                                                                       
REPRESENTATIVE TUCK  returned attention to slide  8, and recalled                                                               
a problem  with the old  code of  military justice in  Alaska was                                                               
that it did not have a  system of checks and balances, thus there                                                               
was favoritism.   He noted HB 126 provides the  opportunity to be                                                               
consistent in regulations  and statute.  He urged  the sponsor to                                                               
consider that courts-martial  may need to be in  statute in order                                                               
to  prevent unilateral  changes  following a  change in  command.                                                               
Representative Tuck supported the process underway.                                                                             
LIEUTENANT  DUNBAR agreed  that commanders  must enforce  the law                                                               
appropriately whether  in regulation or statute;  however, HB 126                                                               
defines  court-martial procedures  and  requires  AKNG to  create                                                               
regulations  with  the  intent  to  bind  future  commanders  and                                                               
adjutants  general   to  identify   substantive  offenses.     He                                                               
acknowledged  that "by  putting  this in  regulation rather  than                                                               
statute, we are putting some trust  in this command, that we will                                                               
develop appropriate regulations and that we will enforce them."                                                                 
REPRESENTATIVE TUCK  restated that one  of the best ways  to bind                                                               
future commanders is through statute.                                                                                           
1:53:50 PM                                                                                                                    
MR. DOEHL pointed out that  the challenge with binding statute is                                                               
to  keep current  as the  law  evolves.   In the  age of  digital                                                               
offenses,  he  cautioned  about  having   to  come  back  to  the                                                               
legislature for changes in statute after court rulings.                                                                         
VICE-CHAIR  LEDOUX   asked  whether  [UCMJ]  is   in  statute  or                                                               
MR.  DOEHL responded  that UCMJ  is in  U.S. Code  Title 10.   In                                                               
further response  to Vice-Chair LeDoux,  he said the  military is                                                               
challenged to keep the code relevant, timely, and effective.                                                                    
REPRESENTATIVE TUCK agreed, but urged  the sponsor to remain open                                                               
to his suggestion.                                                                                                              
REPRESENTATIVE GRUENBERG advised that  crimes found in Alaska law                                                               
may  not  be  found  in  federal military  law.    He  posed  the                                                               
situation in  which a guardsman  serving under Title  32 violated                                                               
Alaska law, and asked whether  the accused would be prosecuted by                                                               
Alaska civil authorities.                                                                                                       
LIEUTENANT DUNBAR said yes; currently  accepted procedure is that                                                               
the civilian authorities act first.                                                                                             
REPRESENTATIVE  GRUENBERG assumed  the Alaska  State Constitution                                                               
would be applicable to the proposed ACMJ.                                                                                       
LIEUTENANT DUNBAR said  absolutely; this is a  state law governed                                                               
by  the protection  of double  jeopardy and  by the  Alaska State                                                               
1:59:27 PM                                                                                                                    
REPRESENTATIVE  GRUENBERG   asked  whether  ACMJ   would  include                                                               
[Alaska  Statutes]  Title  12,   which  describes  provisions  of                                                               
sentencing such as  aggravators and mitigators, and  the right to                                                               
a jury.                                                                                                                         
MR. DOEHL said  if a crime is actionable in  the context of Title                                                               
11 of  the Alaska criminal code,  Title 12 would apply.   Part of                                                               
the reason  for the time  needed to  write the regulations  is to                                                               
carefully   look  at   the  applicability   of  aggravating   and                                                               
mitigating factors of Title 12 in an administrative context.                                                                    
REPRESENTATIVE  GRUENBERG  turned   to  "nonequivalent  kinds  of                                                               
crimes"  and asked  whether the  Alaska State  Constitution would                                                               
also apply.                                                                                                                     
LIEUTENANT   DUNBAR   said  yes.      In   further  response   to                                                               
Representative Gruenberg,  he confirmed that the  sponsor will be                                                               
looking at aggravating and mitigating factors.                                                                                  
VICE-CHAIR  LEDOUX   said  the   reference  to   aggravating  and                                                               
mitigating factors is  confusing.  She observed  ACMJ would apply                                                               
to civil  law, and  aggravating and  mitigating factors  apply to                                                               
criminal cases where  one has committed a crime  under state law,                                                               
which would be referred to state authorities.                                                                                   
LIEUTENANT  DUNBAR  confirmed that  if  a  civilian criminal  law                                                               
applies,  the  case  would  be   prosecuted  in  civilian  court;                                                               
however, the substantive  provisions of ACMJ would  be similar to                                                               
criminal law.   For example,  a general  court-martial conviction                                                               
can  result  in  a prison  sentence  of  up  to  ten years.    He                                                               
acknowledged that military  offenses are unique, and  thus do not                                                               
apply  to other  citizens of  the state,  such as  dereliction of                                                               
duty and  conduct unbecoming an  officer.  In that  the penalties                                                               
can be ten years in prison,  ACMJ must conform to the protections                                                               
that a criminal defendant would receive.                                                                                        
REPRESENTATIVE  GRUENBERG advised  that  military  crimes can  be                                                               
major crimes resulting in severe penalties.                                                                                     
2:04:52 PM                                                                                                                    
MR. DOEHL remarked:                                                                                                             
     We're  taking a  military context  of what  constitutes                                                                    
     criminal law and applying it  under the regiment of the                                                                    
     Alaska [State] Constitution ...  that's why we're going                                                                    
     to be diligently working hard  on it this summer to try                                                                    
     to de-conflict  and sort out those  things.  Ultimately                                                                    
     what  we do  has  to comport  with  the Alaska  [State]                                                                    
     Constitution  as well  as  the  [U.S. Constitution],  a                                                                    
     requirement  the  feds  don't  have  because  we're  an                                                                    
     Alaska governmental entity.                                                                                                
REPRESENTATIVE TUCK questioned how  the state differentiates what                                                               
should be in statute and what should be in regulations.                                                                         
MS.  MEADE advised  that criminal  penalties and  criminal rights                                                               
and  duties  are   found  in  Alaska  Statutes,   Title  11,  and                                                               
procedures  to implement  criminal laws  are found  in Title  12.                                                               
Currently, there  are no criminal provisions  in regulations; for                                                               
example,  neither  the  Department   of  Public  Safety  nor  the                                                               
Department  of   Law  can  put   criminal  provisions   in  their                                                               
regulations.   Regulations can provide  for civil  penalties such                                                               
as parking tickets.                                                                                                             
VICE-CHAIR LEDOUX  asked whether  the Alcoholic  Beverage Control                                                               
Board, Department of Commerce,  Community & Economic Development,                                                               
could promulgate regulations which would be criminal.                                                                           
MS. MEADE said she was unsure.                                                                                                  
REPRESENTATIVE TUCK  asked whether  other departments  can create                                                               
offenses and punishments.                                                                                                       
2:09:05 PM                                                                                                                    
MS. MEADE  said she  will inquire.   She  stated that  the Alaska                                                               
Court System  is interested  in HB 126  because of  the provision                                                               
that  a person  who  has exhausted  appeals  within the  military                                                               
court-martial  process  can  then  go  to  the  Alaska  Court  of                                                               
Appeals.   Ms. Meade said  her understanding is that  crimes will                                                               
absolutely not be in ACMJ.  She remarked:                                                                                       
     So that if somebody  does something untoward that seems                                                                    
     somewhat  criminal, and  the state  district attorney's                                                                    
     office  ...  declines  to  prosecute  ...  under  their                                                                    
     typical criminal law, then this  would fill in that gap                                                                    
     and  they,  under  the  code,   they  could  be  court-                                                                    
     martialed for  conduct unbecoming, although  it doesn't                                                                    
     rise to the level of a criminal offense.                                                                                   
LIEUTENANT DUNBAR agreed with Ms.  Meade and provided an example.                                                               
He pointed out that the  proposed code would grant the department                                                               
unique powers  to create  and enforce  a criminal  code; however,                                                               
the code  would only be  enforced against guard members  who have                                                               
volunteered to  join AKNG, and who  have sworn an oath  to uphold                                                               
the  Constitution and  follow  orders in  the  chain of  command.                                                               
When new  service members join,  they will receive a  briefing on                                                               
the code to explain the new laws to which they must adhere.                                                                     
VICE-CHAIR  LEDOUX  asked  whether  the  aforementioned  briefing                                                               
would be  given to  an enlistee prior  to, or  after, enlistment.                                                               
She related that a person can  waive their right to a jury trial,                                                               
which  is waiving  a  right to  a  Constitutional provision,  but                                                               
suggested a person  is best apprised that they  are waiving their                                                               
rights before "employment."                                                                                                     
MR.  DOEHL  said  this  is  an  important  separation  of  powers                                                               
question that may  be an issue of first impression  in the state.                                                               
He remarked:                                                                                                                    
     If we  look at  federal law  though, for  instance, the                                                                    
     regulation-writing  authority  for criminal  misconduct                                                                    
     that is  delegated to like, Department  of Interior and                                                                    
     National   Parks,  there   is,   in   a  very   similar                                                                    
     Constitution, the federal  Constitution, to ours, there                                                                    
     is  a  basis  for  this  delegation  to  the  executive                                                                    
MR. DOEHL noted that every enlistee  takes an oath to support and                                                               
defend the  U.S. Constitution, the Alaska  State Constitution and                                                               
the laws therein, but is not  provided an explanation of what the                                                               
laws are.   He agreed  that recruiters should "provide  notice of                                                               
what you are signing up for ...."                                                                                               
2:14:31 PM                                                                                                                    
REPRESENTATIVE TUCK  questioned the  effect of ACMJ  on civilians                                                               
who work for AKNG.                                                                                                              
MR. DOEHL responded  that as currently written,  HB 126 envisions                                                               
actions only against  guardsmen.  On the  federal side, civilians                                                               
working for AKNG would not fall under the jurisdiction of ACMJ.                                                                 
VICE-CHAIR LEDOUX observed that  there are many civilians working                                                               
for the military; she asked how civilians are affected by UCMJ.                                                                 
MR.  DOEHL advised  that civilians  who commit  a crime  go to  a                                                               
federal district  court for criminal  offenses, or to  the Office                                                               
of  Personnel   Management  for  labor  issues.     However,  for                                                               
government civilian  workers and contractors deployed  in Iraq or                                                               
Afghanistan, offenses can be addressed  by a military panel or in                                                               
federal district court.                                                                                                         
REPRESENTATIVE HUGHES  questioned how an appeals  process through                                                               
the Alaska Court System would follow military court action.                                                                     
LIEUTENANT  DUNBAR  stressed  that  relatively  few  cases  would                                                               
attain  this level  of  ruling  - perhaps  less  than one  court-                                                               
martial per  year.  The initial  appeal would be to  the Military                                                               
Appeals Commission, although cases  of first impression may reach                                                               
the Alaska Court System.  Jurisprudence  will be based on that of                                                               
other  states, although  this is  a new  area of  law for  Alaska                                                               
civilian courts.                                                                                                                
REPRESENTATIVE  HUGHES returned  attention to  slide 8  and asked                                                               
what  type of  punishment is  used currently  for minor  offenses                                                               
such as sleeping on duty.                                                                                                       
MR. DOEHL  stated that letters  of reprimand with  counseling are                                                               
used  for first  and second  offenses,  but in  some cases  these                                                               
actions lack the strength to deter behavior.                                                                                    
2:20:11 PM                                                                                                                    
REPRESENTATIVE HUGHES referred to  the "military justice account"                                                               
established  by HB  126  and asked  for its  cost  to the  state.                                                               
Also, she suggested that federal  funds may be available for that                                                               
LIEUTENANT  DUNBAR  answered  that  the costs  are  reflected  in                                                               
Fiscal Note  Identifier:   HB126-MVA-NGMHQ-3-20-15 in  the amount                                                               
of $107,000 in fiscal year 2016 (FY  16).   Costs are expected to                                                               
come  down after  the  first year  during  which regulations  are                                                               
developed and military judges are trained.                                                                                      
MR. DOEHL added  that the fiscal note accounts for  a "worst case                                                               
scenario"  due   to  the   infrequent  number   of  cases.     He                                                               
acknowledged  that a  court-martial  is very  expensive and  DMVA                                                               
would seek applicable federal funds.                                                                                            
VICE-CHAIR LEDOUX  asked for  the unique  elements of  the Alaska                                                               
State  Constitution  that  affect  the proposed  ACMJ  and  which                                                               
differ from the U.S. Constitution and its effects on UCMJ.                                                                      
LIEUTENANT  DUNBAR  provided the  examples  of  the Alaska  State                                                               
Constitution's right  to a unanimous  jury verdict and  the right                                                               
to  a grand  jury.    Other provisions  may  arise.   In  further                                                               
response  to Vice-Chair  LeDoux,  he said  federal  law does  not                                                               
require  a  unanimous  jury  verdict.    He  clarified  that  the                                                               
proposed  ACMJ,  in  order  to  comport  with  the  Alaska  State                                                               
Constitution, would  require a unanimous  decision by  the panel,                                                               
which is equivalent to a jury.                                                                                                  
2:24:38 PM                                                                                                                    
REPRESENTATIVE GRUENBERG  expressed his interest in  the proposed                                                               
Military Appeals Commission.   There are "article  1 courts" that                                                               
are  created by  the legislature,  and which  differ from  courts                                                               
created  constitutionally and  quasi-judicial bodies.   He  asked                                                               
whether court  rules would  apply, and cautioned  that this  is a                                                               
big issue.                                                                                                                      
MR.  DOEHL said  DMVA intends  to search  the administrative  law                                                               
provisions in  Alaska regarding boards  and commissions  in order                                                               
to  capture what  is  required;  in fact,  the  research in  this                                                               
context is incomplete at this time.                                                                                             
LIEUTENANT  DUNBAR stated  his intent  to  work with  Legislative                                                               
Legal  Services, the  Alaska  Court System,  and  the Alaska  Bar                                                               
Association on all of the issues that arise.                                                                                    
REPRESENTATIVE GRUENBERG directed attention  to Version H on page                                                               
31, lines 6-10 which read:                                                                                                      
     (h)   The adjutant  general shall adopt  regulations to                                                                    
     govern  appellate  procedure  before the  court.    The                                                                    
     regulations  shall  be  substantially  similar  to  the                                                                    
     provisions  for  post-trial  procedure  and  review  of                                                                    
     courts-martial  under   10  U.S.C  801  -   946.    The                                                                    
     regulations   must  be   approved   by  the   governor.                                                                    
     Regulations adopted under this  section are exempt from                                                                    
     AS 44.62 (Administrative Procedure Act).                                                                                   
REPRESENTATIVE  GRUENBERG  said  the  foregoing  relates  to  the                                                               
Military  Appeals Commission  exemption  from the  Administrative                                                               
Procedures Act.                                                                                                                 
LIEUTENANT  DUNBAR  confirmed  that many  procedural  regulations                                                               
mandated by HB  126 are exempt; however,  the legislature retains                                                               
some oversight of the Military Appeals Commission.                                                                              
REPRESENTATIVE TUCK asked for clarification.                                                                                    
2:29:57 PM                                                                                                                    
LIEUTENANT  DUNBAR directed  attention to  Version H  on page  4,                                                               
lines 1-2 which read:                                                                                                           
     (c)   The  regulations adopted  under this  section are                                                                    
     exempt from AS 44.62 (Administrative Procedure Act).                                                                       
LIEUTENANT DUNBAR  explained that the exemption  is applicable to                                                               
the majority  of the proposed  regulations, such as  the offenses                                                               
and non-judicial punishments.                                                                                                   
REPRESENTATIVE TUCK  directed attention to  Version H on  page 3,                                                               
lines 1-3 which read in part:                                                                                                   
     (a)  The  adjutant general shall by  regulation adopt a                                                                    
     code of  military justice consistent with  this chapter                                                                    
     for members of the militia  of the state not in federal                                                                    
REPRESENTATIVE TUCK said use of  the word "shall" is inconsistent                                                               
with the bill on page 37, line 31 which read:                                                                                   
     TRANSITION:   REGULATIONS.   The  adjutant general  may                                                                    
     adopt regulations to                                                                                                       
2:31:42 PM                                                                                                                    
LIEUTENANT DUNBAR said this was a drafting error.                                                                               
REPRESENTATIVE HUGHES understood  that conduct unbecoming reaches                                                               
into the personal  life of a military member.   She asked whether                                                               
ACMJ would apply to guardsmen when they are not in uniform.                                                                     
LIEUTENANT DUNBAR  said yes.   Certain rules apply only  when one                                                               
is on duty  but in general, guardsmen are held  to standards when                                                               
in uniform or not.                                                                                                              
2:34:34 PM                                                                                                                    
REPRESENTATIVE  TUCK  restated  that only  one  court-martial  is                                                               
expected per year.                                                                                                              
LIEUTENANT  DUNBAR  said  that  is the  best  estimate  based  on                                                               
statistics  from  Washington  and  Oregon.   The  department  has                                                               
estimated two per year in its fiscal note.                                                                                      
2:35:58 PM                                                                                                                    
REPRESENTATIVE TUCK directed attention  to Version H beginning on                                                               
page 29, line 31, through page 31, line 10 which read:                                                                          
     Sec.  26.05.538. Military  Appeals Commission.  (a) The                                                                    
     Military  Appeals  Commission  is  established  in  the                                                                    
     Department  of  Military  and  Veterans'  Affairs.  The                                                                    
     commission   is  a   quasi-judicial  agency.   (b)  The                                                                    
     commission  has  jurisdiction   to  hear  appeals  from                                                                    
     sentences  and  punishments imposed  by  courts-martial                                                                    
     under the code of  military justice. (c) The commission                                                                    
     consists  of three  members appointed  by the  governor                                                                    
     and  confirmed by  a  majority of  the  members of  the                                                                    
     legislature  in  joint session.  A  member  shall be  a                                                                    
     resident of this state and  (1) be licensed to practice                                                                    
     law (A) in this state and  be a member in good standing                                                                    
     with the  Alaska Bar  Association;(B) in  another state                                                                    
     and be  a member in  good standing  of the bar  of that                                                                    
     state;  or (C)  as a  member of  the bar  of a  federal                                                                    
     court; (2) have  engaged in the active  practice of law                                                                    
     for at least  five years; (3) be  a former commissioned                                                                    
     officer in  the armed  forces of  the United  States or                                                                    
     the reserve components,  or in the militia  of a state;                                                                    
     and  (4) have  at least  five years'  experience as  an                                                                    
     officer in  the judge  advocate general's corps  of the                                                                    
     armed forces  of the  United States  or the  militia of                                                                    
     the state.  (d) Except as provided  in AS 39.05.080(4),                                                                    
     an  appointee selected  to fill  a  vacancy shall  hold                                                                    
     office  for  the unexpired  term  of  the member  whose                                                                    
     vacancy  is filled.  A vacancy  in the  commission does                                                                    
     not  impair the  authority of  a quorum  of members  to                                                                    
     exercise  the  powers and  perform  the  duties of  the                                                                    
     commission.  (e) A  member may  be  reappointed if  the                                                                    
     reappointment  complies  with  this  section.  (f)  The                                                                    
     members  of the  commission shall  select a  chair from                                                                    
     among  the members  of  the  commission. The  selection                                                                    
     shall  be  subject  to the  approval  of  the  adjutant                                                                    
     general.  (g) The  governor may  remove a  commissioner                                                                    
     from  office for  cause including  but  not limited  to                                                                    
     incompetence,  neglect   of  duty,  or   misconduct  in                                                                    
     office. A commissioner, to be  removed for cause, shall                                                                    
     be  given  a  copy  of   the  charges  and  offered  an                                                                    
     opportunity  to  be  publicly heard  in  person  or  by                                                                    
     counsel  in the  commissioner's  own  defense upon  not                                                                    
     less  than  10  days'  notice.  If  a  commissioner  is                                                                    
     removed  for cause,  the governor  shall file  with the                                                                    
     lieutenant  governor   a  complete  statement   of  all                                                                    
     charges   made  against   the   commissioner  and   the                                                                    
     governor's finding based on  the charges, together with                                                                    
     a complete record of the  proceedings. (h) The adjutant                                                                    
     general  shall adopt  regulations  to govern  appellate                                                                    
     procedure before  the court.  The regulations  shall be                                                                    
     substantially similar to  the provisions for post-trial                                                                    
     procedure and review of  courts-martial under 10 U.S.C.                                                                    
     801  - 946.  The regulations  must be  approved by  the                                                                    
     governor.  Regulations adopted  under this  section are                                                                    
     exempt from AS 44.62 (Administrative Procedure Act).                                                                       
REPRESENTATIVE TUCK  asked whether  the foregoing section  of the                                                               
bill   related   to   the  Military   Appeals   Commission,   "is                                                               
LIEUTENANT DUNBAR anticipated some changes  to the language.  One                                                               
of  the  key  points  to  remember   is  that  AKNG  is  a  small                                                               
organization with  few legal resources; therefore,  AKNG seeks to                                                               
expand the number of people who  can serve as judge advocates and                                                               
on  the  commission.    Currently,  the  proposed  bill  contains                                                               
stringent conditions for  those who serve on the  commission.  In                                                               
further  response to  Representative Tuck,  he said  the Military                                                               
Appeals Commission  is an  appeals court.   The  court-martial is                                                               
the  trial   court,  the  Military  Appeals   Commission  is  the                                                               
appellate court,  and the last right  to appeal is to  the Alaska                                                               
Court of  Appeals.  In  further response to  Representative Tuck,                                                               
he  said the  language related  to who  may serve  on the  court-                                                               
martial  court was  included in  HB 121,  but is  not in  HB 126,                                                               
because it has  not been determined whether  this provision would                                                               
be in statute or regulation.                                                                                                    
REPRESENTATIVE  TUCK recalled  discussing  possible conflicts  of                                                               
interest and impartiality,  and offered to advise  the sponsor on                                                               
this matter.                                                                                                                    
LIEUTENANT  DUNBAR noted  that HB  126 holds  some provisions  to                                                               
prevent conflicts, which is another  reason to expand the pool of                                                               
those who can serve as defense and trial counsel.                                                                               
2:41:12 PM                                                                                                                    
VICE-CHAIR  LEDOUX  asked  for  examples  of  actionable  conduct                                                               
against a guardsman who is not on duty.                                                                                         
MR.  DOEHL  said  those  regulations have  not  been  drafted  or                                                               
approved;  however,  he suggested  an  example  would be  posting                                                               
one's  military  affiliation  in conjunction  with  inappropriate                                                               
comments on social media.                                                                                                       
VICE-CHAIR  LEDOUX  posed  the situation  in  the  above  example                                                               
without a reference to one's military affiliation.                                                                              
MR. DOEHL  advised that  the regulatory  process needs  to define                                                               
the shared expectations  of conduct on duty and off  duty, and to                                                               
establish notice to enlistees.                                                                                                  
REPRESENTATIVE  HUGHES   asked  for  the  term   of  service  for                                                               
commissioners on the Military Appeals Commission.                                                                               
LIEUTENANT  DUNBAR  directed attention  to  Version  H, page  37,                                                               
lines 23-28 which read:                                                                                                         
     MILITARY    APPEALS   COMMISSION;    STAGGERED   TERMS.                                                                    
     Notwithstanding  AS 26.05.538,  enacted  by  sec. 4  of                                                                    
     this Act, and AS  39.05.055, the governor shall appoint                                                                    
     the  members of  the  commission  to staggered  initial                                                                    
     terms as follows:                                                                                                          
          (1) one member shall be appointed for two years;                                                                      
       (2) one member shall be appointed for four years;                                                                        
          (3) one member shall be appointed for six years.                                                                      
LIEUTENANT DUNBAR acknowledged the  default term of service would                                                               
be inserted during interim.                                                                                                     
REPRESENTATIVE GRUENBERG inquired as to  whether there would be a                                                               
requirement  that the  commissioners  have been  admitted to  the                                                               
[United States Court of Appeals for the Armed Forces].                                                                          
LIEUTENANT DUNBAR said no.                                                                                                      
REPRESENTATIVE  GRUENBERG asked  whether  commissioners would  be                                                               
subject to the Alaska Code of Judicial Conduct.                                                                                 
MR. DOEHL  responded that additional  discussion with  the Alaska                                                               
Bar Association and  the Alaska Court System is  needed to define                                                               
and   delineate   the   professional  responsibilities   of   the                                                               
REPRESENTATIVE   GRUENBERG  asked   for   any   comment  on   why                                                               
commissioners are appointed by the  governor and confirmed by the                                                               
legislature instead of appointed by the Alaska Judicial Council.                                                                
LIEUTENANT DUNBAR suggested there  would be further discussion on                                                               
this matter.                                                                                                                    
2:46:23 PM                                                                                                                    
REPRESENTATIVE  TUCK inquired  as to  whether AKNG  currently has                                                               
jail facilities or detention centers.                                                                                           
LIEUTENANT DUNBAR answered no.   If a guardsman is imprisoned for                                                               
any length  of time the  bill specifies  that he/she would  go to                                                               
the  Department of  Corrections (DOC).   In  further response  to                                                               
Representative  Tuck,  he  explained  that if  a  guardsman  were                                                               
deployed overseas  and committed  an offense,  AKNG would  not be                                                               
involved, but  the active duty  military would investigate.   The                                                               
military has  all of the  facilities of a  free-standing judicial                                                               
system.   During  deployment, military  members are  in Title  10                                                               
status, and subject to the federal UCMJ.                                                                                        
REPRESENTATIVE TUCK  directed attention to  Version H on  page 7,                                                               
lines 14-15 which read:                                                                                                         
     (a) A person confined as a prisoner under the code of                                                                      
      military justice shall be confined in a civilian or                                                                       
     military confinement facility.                                                                                             
REPRESENTATIVE  TUCK observed  that  a guardsman  convicted of  a                                                               
crime in  Alaska would  be held  by DOC,  and asked  whether AKNG                                                               
would need military confinement facilities.                                                                                     
MR.  DOEHL said  he  did not  envision  building any  confinement                                                               
facilities.   The military bases  have a memorandum  of agreement                                                               
with DOC to provide confinement services.                                                                                       
REPRESENTATIVE GRUENBERG asked who  would be admitted to practice                                                               
in the proposed tribunals.                                                                                                      
LIEUTENANT  DUNBAR said  this question  is under  discussion with                                                               
the Alaska Bar Association; the  sponsor prefers that an attorney                                                               
would not  have to be admitted  to the Alaska Bar  to participate                                                               
in courts-martial  because of the state's  limited judge advocate                                                               
REPRESENTATIVE  GRUENBERG gave  an  example of  an attorney  from                                                               
out-of-state who was hired to  defend a client in a court-martial                                                               
or before the Military Appeals Commission.                                                                                      
LIEUTENANT  DUNBAR  stated the  sponsor's  intention  is that  an                                                               
attorney  would be  admitted to  practice  "somewhere," and  duly                                                               
qualified  as a  judge advocate.    He pointed  out that  outside                                                               
civilian counsel  must be  qualified to  practice law  in Alaska.                                                               
In further  response to  Representative Gruenberg,  he said  in a                                                               
proceeding in  a federal court-martial, an  attorney can practice                                                               
anywhere in the country.                                                                                                        
REPRESENTATIVE HUGHES  returned to the topic  of possibly needing                                                               
a holding facility  or a memorandum of  agreement for confinement                                                               
services,  and noted  that this  is not  reflected in  the bill's                                                               
fiscal note.                                                                                                                    
MR.  DOEHL stated  that  the  probability is  very  low, but  the                                                               
possibility would be examined.                                                                                                  
2:53:36 PM                                                                                                                    
REPRESENTATIVE TUCK inquired  as to why the  inappropriate use of                                                               
social media is not already in regulation.                                                                                      
LIEUTENANT DUNBAR  returned attention to  slide 8 and  noted that                                                               
social  media  issues  are addressed  by  letters  of  reprimand,                                                               
administrative  action, and  administrative separation,  although                                                               
administrative separation takes a long time to process.                                                                         
MR.  DOEHL, in  further  response to  Representative Tuck,  added                                                               
that  AKNG  now   has  the  means  to   initiate  action  against                                                               
inappropriate social  media posting;  however, in  some instances                                                               
action  is required  beyond letters  of reprimand,  but short  of                                                               
2:55:12 PM                                                                                                                    
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
[There  being no  further  objection, Version  H  was before  the                                                               
2:55:20 PM                                                                                                                    
VICE-CHAIR  LEDOUX opened  public  testimony on  HB  126.   After                                                               
ascertaining that no one wished  to testify, public testimony was                                                               
REPRESENTATIVE COLVER  said that quite a  lot of work was  yet to                                                               
be done  on the  bill and recommended  delaying action  until the                                                               
committee receives a new proposed CS.                                                                                           
2:57:29 PM                                                                                                                    
REPRESENTATIVE  COLVER moved  to adopt  Amendment 1,  labeled 29-                                                               
LS0473\H.1, Strasbaugh, 3/25/15 which read:                                                                                     
     Page 5, line 16:                                                                                                           
          Delete "the state"                                                                                                    
           Insert "a state or of an active or reserve                                                                           
       component of the armed forces or another uniformed                                                                       
     service of the United States"                                                                                              
     Page 11, line 6:                                                                                                           
          Delete "the state"                                                                                                    
           Insert "a state or of an active or reserve                                                                           
       component of the armed forces or another uniformed                                                                       
     service of the United States"                                                                                              
     Page 30, line 16:                                                                                                          
          Delete the third occurrence of "the"                                                                                  
          Insert "a"                                                                                                            
2:57:49 PM                                                                                                                    
VICE-CHAIR LEDOUX objected for discussion purposes.                                                                             
LIEUTENANT DUNBAR explained  that Amendment 1 amends  the bill to                                                               
expand who can  be involved in the military justice  process.  As                                                               
the  bill  is  currently  written,  one who  serves  as  a  judge                                                               
advocate must be  a commissioned officer of AKNG.   The intent of                                                               
the amendment is  to expand the pool  of those who can  work as a                                                               
judge advocate before courts-martial  to include those from other                                                               
states,  from  active or  reserve  forces,  or from  active  duty                                                               
members at Joint Base Elmendorf-Richardson or Fort Wainwright.                                                                  
REPRESENTATIVE  GRUENBERG  directed  attention  to  a  memo  from                                                               
Kathleen  Strasbaugh,  Legislative   Counsel,  Legislative  Legal                                                               
Services,  dated 3/25/15,  which  was included  in the  committee                                                               
packet,  and  in  which  questions   are  raised.    Noting  that                                                               
Representative  Herron,   sponsor  of  the  amendment,   was  not                                                               
present,  he  suggested that  Amendment  1  be held  for  further                                                               
3:00:02 PM                                                                                                                    
VICE-CHAIR LEDOUX agreed.                                                                                                       
HB 126 was held over.                                                                                                           

Document Name Date/Time Subjects
HB 126 - ACMJ Presentation V4.pdf HMLV 3/26/2015 1:00:00 PM
HB 126
HB126 - CS version H.pdf HMLV 3/26/2015 1:00:00 PM
HB 126
HB126 - Fiscal Note - COR.pdf HMLV 3/26/2015 1:00:00 PM
HB 126
HB126 - Fiscal Note - MVA.pdf HMLV 3/26/2015 1:00:00 PM
HB 126
HB126 - Fiscal Note -ACS-APP-03-20-15.pdf HMLV 3/26/2015 1:00:00 PM
HB 126
HB126 Sponsor Statement.pdf HMLV 3/26/2015 1:00:00 PM
HB 126
HB126 SECTIONAL ANALYSIS - ver H_Edited.pdf HMLV 3/26/2015 1:00:00 PM
HB 126