Meanwhile, the Superior Court has its final pre-trial briefing. The Alaska Redistricting Board is refusing to make members Borromeo and Bahnke available to testify on Senate pairings.
Singer: "I don't have any obligation" to provide witnesses who didn't support the plan.
Singer, board's counsel, says the depositions are fine.
It sounds like they're going to be putting up Budd Simpson, not Bethany Marcum—the member who came up with the pairings.
Judge Matthews seems to agree with Singer. "What more different information am I likely to get?"
Attorney Holly Wells, the attorney arguing the Senate pairings, says that Singer prevented Borromeo and Bahnke from speaking about executive sessions.
She says they're prejudiced, here.
Judge Matthews seems to suggest there's some merit to that argument.
Follow along here:
Brena, the attorney for the Sitka/Valdez challenges, says he doesn't think the board "should be able to avoid all the bad statements" that don't support their case.
Brena says he doesn't believe they should be barred from calling board members because they did affidavits.
Brena says Singer/Alaska Redistricting Board don't get to avoid the negative things said by Borromeo and Bahnke that undermine the board's position: "That's not justice."
Singer: It's all in the record (except for the parts where he barred them from speaking on some points)
Brena says that they didn't get the opportunity to depose any of the board members on the affidavits provided by the board. He notes that he questioned the executive director for three hours based on the affidavit.
Judge Matthews calls it a "touchy situation" and says that he wants to be creating the best record and best decision possible.
Judge Matthews sides with the plaintiffs. He says hearing cross-questioning of the board members is critical to understanding the case: "Those witnesses need to be available."
Says if they need to take some witnesses out of order, then that'll be how it has to be.
Now they're not sure about the ordering of the trial, which is set to begin on Friday.
Brena thinks it's:
East Anchorage
Skagway
Calista
Mat-Su
Valdez
Judge Matthews and Singer:
East Anchorage
Mat-Su
Valdez
Skagway
Calista
Now they're asking the plaintiffs.
There's much back and forth about this.
Judge Matthews: We're all working on little sleep.
Aaand they just got a stay from the Alaska Supreme Court on some issue that I'm not entirely familiar with.
Stacey Stone, attorney for the Mat-Su plaintiffs, suggests that given that they should delay the lawsuit by one day. Moving it from Friday to Monday.
Ah, it sounds like it has something to do with the privilege on the executive session documents and communications.
The board has been firm in keeping them mum while the plaintiffs have argued that the Judge should at least double-check their claims of privilege.
Judge Matthews says they should stick to the currently set trial schedule. He says they can recall witnesses if the Supreme Court's actions really shake things up.
Stone's oral motion is denied.
Here's the Supreme Court motion staying Judge Matthews' order requiring production of communications.
I think this is starting to go the way of the Legislature's judiciary committees. Atty Singer: "Is time a use it or lose it situation?"
(Everyone has a bank of 6.5 hours to argue their case)
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On the board testimony issues, Judge Matthews: "Both parties make arguments that are well-grounded."
He says Singer already had the chance to file testimony and supplemental affidavits for his witnesses. Singer doesn't get to call additional re-directs (additional questioning) but can file supplemental affidavits for consideration.
Plaintiffs would get opportunity for cross.
Wells apologizes for requiring Bahnke fly into Anchorage, says she will not be calling her for cross examination today
The first day of the trial challenging the Alaska Redistricting Board's work is underway. Today, they'll be kicking it off with the East Anchorage plaintiffs, who are challenging the Senate pairings with the conservative Eagle River.
It's going to be an unusual trial because the direct testimony has already been filed. The opening arguments, too. They'll be starting out with cross examination and then direct testimony.
First, they're taking up several objections raised by the Alaska Redistricting Board against lay testimony and expert testimony brought by East Anchorage.
Judge Matthews rejects both motions, adding that he'll take the hearsay testimony as it comes.
Steininger explaining how the state's budget has been reduced by ~5% since Dunleavy took office with most of the cuts coming to the University of Alaska and a few other areas. Notes quite a bit of it, though, has been eaten up by more spending on public safety, corrections.
Rep. Foster asks why Steininger chose FY19 as the starting point, asking whether it's intended to make the budget look better.
Steininger says it's to "focus on the achievements of this administration."
S. Finance is underway. They're taking a look at the revenue forecast with DoR's Chief Economist Dan Stickel. Stedman prefaces by saying investments have surpassed oil, but "that might be switching around."
Stedman says they all need to start settling into a base number for oil price. The state has started to update it more regularly, which Stedman suggests is not particularly helpful because it can make for big swings in the budget outlook.
How's the state's economy doing? "Still a ways to go," Stickel says.
For the afternoon #akleg, we've got concurrent hearings of the S. Finance Committee on Senate President Micciche's alcohol rewrite bill: w3.akleg.gov/includes/_play…
House Judiciary on a bill dealing with access to MJ conviction records by Rep. Kreiss-Tomkins: w3.akleg.gov/includes/_play…
JKT on his legislation, says it would remove some records of convictions for simple marijuana possession from the public record. You'd have to have been 21+ at the time with no other crimes committed in the act to have your record sealed.
He says it matches the current times.
Over in Senate Finance (I'm not sure why I'm doing this to myself), Sen. Micciche says not everyone agrees with everything in his alcohol bill but says it has broad support from the industry associations.
He's been carrying it since 2015. It's been sunk by industry many times.
The Senate Finance Committee is underway. On today's agenda is a look at the state's production forecast (which plays into revenue and therefore the budget).
Sen. Stedman is opening up with an introduction of committee staff as well as legislative aides. When he gets to Sen. Bishop's team, Stedman says: "His duties are whatever his boss assigns him."
Sen. Stedman on the budget process: "We will pull out of the non-reoccurring funds ... and boil it down to the base budget."
"It's very important that we have a base document to go through" instead of the Gov's budget that he claims "is balanced when it's not."