Kara out; Forelli named acting AG

Forced by a court order, Gov. Pedro P. Tenorio has named a temporary Attorney General in place of acting chief government lawyer Maya B. Kara while searching for a new appointee to assume a permanent position that will be confirmed by the Senate.

Assistant Attorney General Nicole C. Forelli from the AGO Criminal Division was appointed last Friday, a day after the Superior Court ordered Ms. Kara to step down and ordered the governor to nominate a permanent AG with the advice and consent of the senators.

In a memorandum issued to all department and agency heads of the government, Mr. Tenorio said the move was in line with his constitutional duties as part of the effort to protect the functions of the Attorney General’s Office.

“This appointment is necessary to ensure that the constitutional office of Attorney General, responsible for enforcement of the laws of the Commonwealth, especially the criminal laws, is in place and continues to protect the people,” said the governor.

“I will submit my nomination for a permanent Attorney General to the Senate as required by law. Upon submission to the Senate, my permanent nominee will assume the duties of the Attorney General subject to confirmation by the Senate,” added Mr. Tenorio.

The chief executive, however, did not say until when Ms. Forelli would assume the position or when he is going to send to the Legislature his nominee. There was also no mention of what will happen to Ms. Kara who had held the position in acting capacity over the past 18 months.

In a landmark decision issued last Jan. 20, Guam-based Judge Pro Tem Joaquin V.E. Manibusan ruled that Mr. Tenorio’s appointment of Ms. Kara was unconstitutional since she had assumed the post more than the required 30-day period. (See related story on page 3)

Ms. Kara, a former legal counsel of the House of Representatives, was appointed in July 1998 and had since named by the governor as acting Attorney General 16 times despite two rejections on her nomination by the Senate.

According to the court, the executive branch has usurped the Senate’s advice and consent powers by repeatedly appointing her and that the governor has disregarded and sidestepped the required procedures.

Prior to the ruling, Mr. Tenorio had repeatedly told the press that he would soon come up with a new nominee to replace Ms. Kara. He met last week with members of the Senate to discuss the issue, but they did not reach any agreement.

In the resume sent by the governor’s Public Information Office, Ms. Forelli has been with the AGO since October 1992 when she served as legal counsel for numerous government agencies.

She moved to the Criminal Division in 1993 and has since worked there where her main duties include prosecution of felonies and misdemeanors involving domestic violence and child abuse and neglect.

Ms. Forelli was a cum laude law graduate of the University of Minnesota in 1988, according to her resume. She took her undergraduate studies in the same university, taking up journalism and French Literature.