Lawyers debate wording on abortion initiative

Published on March 4th, 2010

By ASSOCIATED PRESS

Anchorage Superior Court judge is expected to have a decision within a month on the wording of an abortion initiative targeted for the August ballot.

The measure would require doctors to notify a parent before a girl under 18 could have an abortion.

Lawyers presented arguments last week over whether the initiative is clear about penalties doctors would face.

Attorney Jeff Feldman, representing Planned Parenthood of Alaska, argued the initiative fails to make clear to voters it could land doctors in jail for five years if they don't track down a parent, verify their identification and personally tell them of the procedure.

A voter who read the ballot summary approved by the lieutenant governor would never know that, Feldman said.

Kevin Clarkson, lawyer for the initiative sponsors, including former Lt. Gov. Loren Leman, said voters would be able to assume there would be consequences for breaking the law without setting out consequences in the ballot summary.

Clarkson argued Feldman was overstating the penalties, and that five years in jail or a $1,000 fine was the maximum possible. It could be a lot less, he said.

"Basically a doctor who violates this law could get a $10 fine," Clarkson argued to Anchorage Superior Court Judge Frank Pfiffner.

Feldman responded that wasn't realistic for a "felony exposure."

The lawyers also argued over what Feldman maintained were several other flaws in the draft initiative that combined to make it vague and misleading to voters.