A candidate for the Alaska Judicial Council is raising eyebrows among lawmakers because of his staunchly conservative Republican background and personal beliefs including that extramarital affairs ought to be against the law.
Don Haase also told the Senate Judiciary Committee on Wednesday that outlawing pre-marital sex should be something voters decided because there could be concerns over "the spread of disease" and the "likelihood that it would cause violence."
The Alaska Legislature must confirm the nomination of Haase, a 41-year-old electrical worker from Valdez. Haase is seeking a seat on the seven-member council. He would be one of three public members; there are also three attorney members selected by the board of the Alaska Bar Association. The seventh is the chief justice of the state Supreme Court.
Haase, who ran for the House from District 12 and narrowly lost the primary in August to Rep. Eric Feige, was nominated by Gov. Sean Parnell. He told the House Judiciary Committee last week that he was not asked to apply but that he'd submitted an application. On Wednesday, he told the Senate committee that he'd applied two years ago but the position went to Kathleen Tompkins-Miller, wife of U.S. Senate candidate Joe Miller. When this spot came open, he decided to apply again, he said.
Haase has been nominated to replace Christena Williams of Ketchikan whose term is up. It is a six-year appointment.
Also at issue is whether the new appointment needs to be from the 1st Judicial District, which includes Southeast Alaska. The question came up in both committees, and Senate Judiciary Chairman Hollis French decided Wednesday to hold the appointment in his committee until that question can be resolved. The council's rules say members should be appointed based on "area representation" as well as giving consideration to an applicant's possible political affiliations.
Larry Cohn, executive director of the council, told lawmakers Wednesday that the three public members have been split fairly evenly between three judicial districts -- the 1st in Southeast, the 3rd covering Southcentral and the 4th covering Fairbanks and the Interior -- for the past 52 years. Southeast has only been without a member for two of those years, he said.
The 4th Judicial District covers the far Northwest and isn't represented because it lacks the number of courts that the others have. Valdez is in the 3rd Judicial District, which already has a representative, William Clarke.
Members of both committees questioned Haase closely about his political beliefs, and Sen. Joe Paskvan was concerned that Haase was hiding his politics along with his affiliations with ultra-conservative groups. Paskvan asked Haase why his campaign website had been taken down and pointed to a number of position statements on the site that spoke to Haase's conservative leanings.
Haase also has been a member of the conservative Eagle Forum for a number of years, including a brief stint as its president. Haase also was involved in the group's website and posted many articles which he said were written by other members.
Paskvan wanted to know why Haase had not put that on his resume.
"I guess I didn't see it as significant," Haase said.
He said he shut down his campaign website recently to eliminate the monthly cost and also so he could close out his Alaska Public Offices Commission report. It was not to deny the public information about his beliefs, he said.
Haase does still have biographical and political information posted on ourcampaigns.com. He lists his "tags" as "anti stem cell research, anti gay marriage, pro school vouchers, pro gun, pro capital punishment, pro life" and several other conservative elements.
Still, Haase told both committees that he believes he can separate his political beliefs from his decisions on choosing among applicants for judgeships. The governor actually picks the judge, but chooses from qualified applicants vetted and passed along by the council.
"This is an important position you are seeking," Rep. Max Gruenberg told him last week at the House Judiciary hearing.
At that hearing, House Judiciary Chairman Carl Gatto refused to allow members to question Haase too closely about his politics. He defended the applicant and dismissed concerns by saying that everyone has some sort of opinion on issues.
Gruenberg wanted to know how Haase might feel about a candidate who was divorced or gay.
"I kind of wonder how I would even know," Haase replied, adding that he would not base his decision on anything but the person's qualifications.
Haase told the House committee that the main thing he would be looking for in a potential judge was "interpersonal skills" which he defined as the ability to make people feel at ease or that they had been given a fair hearing. He also said he wanted judges that are fair and balanced. He didn't talk about professional qualifications or the ability to handle complex legal issues.
In fact, Haase seemed unclear both times he testified as to what level of judicial positions he would he would be called upon to help fill.
"Judges don't have that much power to change politics," he told the House committee, adding that "hot button" issues like gun rights or abortion don't come before the state judges. He said they handled mainly "traffic fines, domestic violence, small claims" and those kinds of cases.
When he made similar comments at the Senate hearing, French pointed out that at some point in his six-year term he very likely would be asked to review applicants for the state appeals court as well as the state Supreme Court, which do handle those politically charged cases as well as complex civil litigation and business disputes.
Unlike Gatto, French allowed committee members to ask numerous questions that probed Haase's personal beliefs.
Paskvan asked whether people who engaged in extramarital affairs should face felony prosecution.
"I don't see that that would rise to the level of a felony," Haase said. "It may be a crime, I'm not sure."
He said he thinks extramarital affairs probably ought to be against the law because they are "very harmful" especially to children and spouses.
Paskvan asked about whether Haase would like to see pre-marital affairs criminalized.
"I think that would be up to the voters certainly," Haase said, adding "I probably would vote for it."
He said pre-marital affairs should warrant the attention of the state "because of the spread of disease and the likelihood that it would cause violence."
After Wednesday's hearing, French said in an interview that he held the bill until the question over geographic diversity on the panel couldbe resolved. Commttee members have also asked whether the committee itself can vote down an applicant to a state commission or whether it has to go to the full Senate.
Most of a governor's appointments to head agencies, boards and commissions are confirmed with little debate. French called Haase's appointment unusual but recalled that the the full Senate last year rejected a nominee for the state Board of Game through a vote on the floor.
Parnell has come under fire for his judicial appointments because he has primarily chosen conservative white males for the judgeships that have been open since he became governor in July 2009. Some lawmakers have complained very recently that there is only one woman left on the Anchorage Superior Court bench and that she will be retiring soon.
The judicial council interviews applicants and conducts surveys of bar members then rates the applicants. At least two qualified applicants are sent on to the governor and there is usually at least one woman among the group.
Haase was appointed by Parnell to a term that began March 1. He has already started receiving council materials although his first meeting with the panel won't be until April 4.
Contact Patti Epler at patti(at)alaskadispatch.com.