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If lieutenant governor’s post becomes vacant, governor shall name successor
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Posted on Aug 11 2008
Whenever a lieutenant governor’s position is vacant, the governor shall appoint a successor, subject to the confirmation of the Senate.
This, according to the provisions of the CNMI Constitution is what will happen if Lt. Gov. Timothy Villagomez is convicted in federal court.
Veteran lawyer Stephen Woodruff, when asked by Saipan Tribune yesterday about this issue, cited Article 3 Section 3 of the NMI Constitution that provides that whenever the office is vacant, the governor shall appoint a successor, with the advise and consent of the Senate.
Woodruff said the governor appoints but the Senate has to confirm.
“It is important to remember that just because he [Villagomez] is charged, even if he is convicted, he can still hang on to his office,” the lawyer said.
Woodruff said somebody could bring action, arguing that the lieutenant governor is in jail and can’t perform the duties.
“He could still try to hold on to the office. [If that happens] then they will have to remove him by impeachment,” Woodruff said.
He pointed out that the lieutenant governor’s position will not be vacant until Villagomez either resigns or is removed.
“It might be possible to remove him by litigation. It is definitely possible to remove him by impeachment. But of course it requires action by both the House and the Senate,” Woodruff said.
Press secretary Charles Reyes Jr. expressed a similar position.
Reyes said that, if Villagomez is convicted, Fitial would have to appoint a new lieutenant governor.
“My understanding is that under the CNMI Constitution, in a situation like that, the governor would have the authority to appoint a new lieutenant governor subject to Senate confirmation… just like a Cabinet member,” Reyes said.
He pointed out that the Constitution provides language for successions in case incumbents are suddenly removed from office.
