Teno will not appeal court ruling on AG

Gov. Pedro P. Tenorio yesterday ruled out the possibility of appealing a Superior Court decision that ordered him to appoint a permanent Attorney General, saying he has no choice but to comply with the law.

At the same time, he promised he will definitely submit by next week to the Senate his nomination for the position from a short list of likely candidates whom he said are willing to help his administration.

In his first interview since the court handed down the ruling on Jan. 20, Mr. Tenorio stressed that he had been vocal on his intention to name a new chief government lawyer in place of acting Attorney General Maya B. Kara even before it came out.

He said the decision should be followed, although he indicated that “clarification” on the judge’s position is necessary regarding how much time the governor has before appointing an Attorney General.

Mr. Tenorio, however, emphasized that this point had only been discussed with members of the Attorney General’s Office and that there was no agreement whether his administration will file an appeal to the Supreme Court.

“I am not interested in appealing the judge’s decision because I have no intention of not putting a permanent AG,” he told reporters.

Citing statements made by Ms. Kara on the implication of the ruling issued by Guam-based Judge Pro Tem Joaquin V.E. Manibusan on the executive branch’s appointing power, the chief executive maintained that the Legislature has to amend the law to determine specific period for which an acting official can stay on. (See related story)

“Appealing is maybe a little misleading. Maybe just a clarification.. to make sure that issues have been clarified. We don’t have to wait, we have to comply with the intent of the law,” said Mr. Tenorio.

Candidates

The governor currently is still making his final selection on who will assume the AGO’s top post. The day after the court ruling was released, he named Assistant Attorney General Nicole C. Forelli to temporarily head the office, replacing Ms. Kara.

Mr. Tenorio disclosed there are several names on his list who meet the requirements of the law such as the three-year residency and the five-year law practice for his appointee.

Aside from these criteria, he said he wants his nominee to be also familiar with the various issues facing the government.

“There are many who meet the requirement, but not many people are interested [in becoming] an Attorney General,” he explained. “But I have a few candidates… definitely I will be submitting within a very short period of time my nominee.”

Mr. Tenorio added that these people in the list “are willing to help me, but unfortunately they have other responsibilities [and] at this time they can’t accept my request if they could assist me in appointing them for the position.”

Noting that choosing the one acceptable to the Senate is a “very difficult” process, he expressed hope that senators will consider his nominee despite lobbying by others eyeing the position.

“I hate to say this but sometimes the Legislature also has its own choice. There are so many lobbyists [but] I have full confidence with members of the Legislature to make their own judgment as to who they think will be qualified or who they would like to see serve as Attorney General,” said Mr. Tenorio.

This will be the first time his administration will submit a new AG nominee since he withdrew Ms. Kara’s name in September 1998 on the heels of clear Senate rejection. The former legal counsel of the House of Representatives had held the post in acting capacity for the last 18 months.