House okays bill outlining qualifications for AG post

The House of Representatives yesterday passed a Senate proposal laying down qualifications for the CNMI’s Attorney General aimed at updating earlier laws that set the requirements for the position.

The AG appointed by the governor and confirmed by the Senate must be a resident of the Commonwealth, a graduate of law school accredited by the American Bar Association and a member of the CNMI Bar for at least three years before his or her appointment.

These are among the amendments made to existing statutes governing the AG post under Senate Bill 12-24 offered by Sen. Edward U. Maratita.

But the House Committee on Judicial and Government Operations recommended several changes, including designation of the Deputy Attorney General by the AGO’s chief to prevent it from becoming a political appointment.

However, the deputy must also meet the minimum qualifications required for the AG and that he or she will serve in acting capacity in the event of vacancy in the post.

In addition, the AG must remain a member of the bar while serving out the term of office or face termination.

“By requiring continued bar membership, this will ensure that even those attorneys admitted under the four-year government practice rule will, at the very least, have to take and pass the Commonwealth bar examination within their first year of office in order to remain eligible for the position,” the committee said in its report.

Although the Senate proposed a salary cap of $90,000 per year for AG in a bid to attract the best lawyers, the House moved to lower the pay to $80,000.

“While we recognize the need to improve the salaries of all government attorneys in order to maintain continuity of service and to dissuade many of them from leaving government service for the far more lucrative private practice, we feel that the increases in the initial bill are simply too much,” said the JGO.

But Rep. Heinz S. Hofschneider believed lowering the pay is a handicap, particularly for local attorneys who have not been drawn to the position because private practice will reward them more in terms of income.

The passage bill, which heads back to the upper house for action on the amendments, came just two days after the Senate confirmed Attorney General Herb D. Soll who became the first official to hold the position in a permanent capacity in over six years.

The Senate and the two governors since 1994 have fought over the AG appointment which led to a long succession of acting officials, the latest of whom was Maya B. Kara who was forced out of office by a court ruling last January.