October 5, 2008

Attorney General Colberg Says Subpoenaed Employees To Testify

From a State of Alaska press release

Alaska Attorney General Colberg announced today that the seven state employees who filed suit to quash the Senate Judiciary Committee subpoenas will make themselves available to testify in the legislative investigation.

The Senate Judiciary Committee issued the subpoenas for the benefit of Stephen Branchflower, who is conducting an investigation for the Legislative Council of events surrounding the removal of former Public Safety Commissioner Monegan. The Department of Law challenged the authority of that committee to subpoena the state employees in a lawsuit filed on September 25, 2008, Kiesel et al. v. Seven Subpoenas et al. In a decision dated October 2, Superior Court Judge Peter Michalski determined that those concerns were more properly considered by the legislature than by the courts. The Department of Law then consulted with the seven state employees and advised them of their options.

All seven employees have decided, in light of Judge Michalski's decision, to cooperate with the legislative investigation. Attorney General Colberg said today, "Despite my initial concerns about the subpoenas, we respect the court's decision to defer to the legislature. We are working with Senator Hollis French to arrange for the testimony of the seven state employee plaintiffs."