Changes sought in AG appointment requirements

In a swift reaction to the controversy surrounding the Attorney General, Sen. Ramon S. Guerrero yesterday proposed a legislative initiative amending the Constitution to set the requirements for a governor’s appointee to the critical post.

Under his proposal, the AG must be proficient in at least two of the three official languages in the CNMI, namely Chamorro, Carolinian and English; and must either be confirmed or rejected by the Senate within 30 days from his appointment.

In case of rejection, the governor has another 30 days to nominate another individual to the position until senators give their advice and consent as provided in the Constitution.

Mr. Guerrero also proposed that an appointee whose nomination is twice rejected may not be re-appointed for confirmation by the same Senate.

If the governor fails to appoint someone to head the Attorney General’s Office, then the Legislature can name an official to assume the post through a joint resolution adopted by both houses.

To provide some leeway to the executive branch, the proposed initiative will also empower the governor to designate an AG in acting capacity pending appointment of a permanent official.

According to Mr. Guerrero, the appointment and confirmation process on the issue “needs to be clarified so that the Commonwealth will not suffer for lack of a duly appointed and confirmed Attorney General.”

By requiring him to be able to read, write and speak at least two of the island’s officials languages, the senator maintained his “effectiveness is greatly enhanced if he or she is able to communicate proficiently.”

The initiative is expected to be one of the first legislation that will be introduced when the Senate holds its first regular session next month following the Organizational Session of its members last Jan. 10 under the 12th Legislature where Mr. Guerrero expressed concerns on having an acting AG.

It also comes on the heels of a decision by the Superior Court in which it ruled that former acting Attorney General Maya B. Kara had violation the Constitution for holding on the post for the last 18 months.

Issued by Guam-based Judge Pro Tem Joaquin V.E. Manibusan, the decision ordered Ms. Kara to step down and asked Gov. Pedro P. Tenorio to submit to the Senate a permanent appointment for its advice and consent.

A former legal counsel of the House of Representatives prior to her appointment in July 1998, Ms. Kara was twice rejected by the previous members of the Senate and had repeatedly re-appointed by the governor as chief government lawyer 16 times.

Mr. Tenorio has pledged to name a permanent AG by next week in response to the court order.