
Colberg's subpoena side step
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Over the last week, a few lawmakers have remarked to me that Attorney General Talis Colberg seems completely over his head in dealing with the investigation into his bosses firing of former Public Safety Commissioner Walt Monegan.
From conducting a pre-investigation investigation, to recusing himself due to a conflict to reinserting himself right back into the middle to getting on a plane for a vacation in the middle of one of the biggest legal controversies the attornery general's office has handle in recent history, Colberg more and more appears out of his league.
Plucked from the relative obscurity of drawing up wills in Palmer to managing one of the biggest legal staffs in the state, Colberg's latest actions show he is certainly not ready for prime time.
As officers of the court, it's generally viewed, not surprisingly, as unethical for a lawyer to advise a client to violate the law.
Alaska law deems disobedience of a Legislative subpoena to be unlawful and provides a stiff punishment:
AS 24.25.080. Punishment For Disobedience to Subpoena or Refusal to Testify.
A person subpoenaed as provided in this chapter who fails, neglects, or refuses to attend at the time and place where the person's presence is required, or fails, neglects, or refuses to produce the books, papers, or instruments or other evidence designated in the subpoena, or who having attended in response to the subpoena, or having appeared voluntarily, refuses to testify as to any material and proper matter within the power of the senate, house of representatives, or a committee to investigate, upon conviction, is punishable by a fine of not less than $100 nor more than $500, or by imprisonment for not less than 30 days nor more than six months.
So the question has to be asked; is anyone is going to file a Bar complaint against the Attorney General for advising 11 state employees to disobey a legislative subpoena.
Usually, is a lawyer or a party believes that there is a defect in a subpoena, the remedy is to go to court and ask the court to quash the subpoena, not advise the client to ignore it.
But not only has Colberg advised his clients to ignore the subpoenas, but he broke a written agreement between one of his assistant attorney generals and the Chair of the Legislative Council Kim Elton over the ground rules so state employees could testify.
Shouldn't the state's top cop know the law?
Shouldn't the state's top cop abide by the law?
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