Proposing amendments to the Constitution of the State of Alaska relating to the office of attorney general.

Updated: January 14, 2000

Chairman Taylor, members of the committee,

Thank you for hearing SJR 32 which puts forth a constitutional amendment requiring the election of Alaska's attorney general.

An elected attorney general would be another check and balance within the executive branch. It would give people another avenue of direct input in government, it would encourage participation in the political process, and it would result in decisions involving more compromise. The attorney general is obligated to enforce the law, but as an at-will political appointee of the Governor, his or her loyalty is not to the law, but to the political dictates of the Governor. An elected AG would be an independent authority whose responsibility would be to sue, defend, and prosecute on behalf of the State of Alaska.

The attorney general now works at the pleasure of the Governor, not for the people. Many people believe an elected attorney general is likely to be more loyal to the state's residents and its Constitution. One argument for the election is that if the AG acts as the legal advisor to the Governor and other state officials, he is compromised as far as working for issues for the people of the state of Alaska. An attorney general directly responsible to the voters will have a singular motivation to move with vigor and commitment in challenging federal encroachment on the rights and responsibilities of the State of Alaska.

This resolution is different from those offered in the past. This places before voters only the question as to whether the AG should be elected, and that the election and term are the same as those of the Governor. All of the specifics: the qualifications, any changes to the scope of office, whether the AG runs on a ticket with the Governor and Lt. Governor, and so on, would be decided statutorily. SJR 32 simply gives the people the choice to elect the chief legal officer of the State of Alaska.

The power to go to court on behalf of the State is an immense power. It is time to give Alaskans a choice to decide whether they want that power exercised by a political at-will employee of the Governor, or by someone directly elected by the people. I would appreciate your support for SJR 32.

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