House to debate AG bill

The House of Representatives is expected to take up a controversial bill this week that would clarify the rules of Attorney General appointments.

The Legislature has been at odds with the Fitial administration for not appointing an AG after Matthew Gregory stepped down from the post in September.

Gregory Baka has been acting Attorney General since Sept. 28. He succeeded to the position after Gregory’s resignation, according to Baka and Gov. Benigno R. Fitial.

Under the Commonwealth Code, the governor or designee is required to submit the nomination to the Senate, or when applicable, the House, within 30 days of the person being temporarily appointed. If the Senate, and when applicable, the House, does not confirm the appointment of the person holding the temporary appointed position, the position will terminate.

Fitial has not submitted Baka’s name to the Senate because, as deputy AG, Baka succeeded to the position of acting AG, Baka earlier said. He noted that his salary remains that of deputy attorney general, his contractual position.

In March, Senate President Pete Reyes introduced SB 16-51 SD1 , or the “Attorney General Confirmation Act of 2009,” clarifying the law that requires Senate confirmation.

Under the bill, if the governor or his designee does not submit the individual who has been appointed or is otherwise serving in an acting capacity or who has assumed the title of AG, acting AG, or interim AG within 30 days, the individual cannot serve in those positions for two years. If an individual is nominated, but the Senate does not confirm the person within 90 days from the temporary appointed or assumed position date, the position will become vacant and the person nominated can’t be re-nominated during the tenure of the appointing administration. If an individual holds the position of AG, acting AG or interim AG after 90 days without confirmation, they will be breaking the law. Any contracts, purchase orders, or timesheets signed after the 90-day period will be null and void.

The Senate passed the bill unanimously.

The upper house has been vocal in their opposition to Baka, and Reyes earlier said he would use his influence to make sure Baka was not confirmed. In light of the Senate bill, last month Baka notified the assistant attorneys general and special assistant attorneys general they could be terminated without cause if they do not agree to amended contracts. The amended contracts require the lawyers to serve up to a maximum of 30 days per contract period as acting attorney general, if so appointed.