A succession crisis

The electorate of the CNMI people should realize that we have a succession crisis resulting from the untimely passing of our late governor. Second, so far the CNMI has encountered two separate occasions where the OAG and the Attorney General effected an opinion that became the public policy. The case involved a situation of resignation of the lieutenant governor, and the OAG and the attorney general opined that the appointment of a person outside the line of succession as required by Section 7 of Article III of the CNMI Constitution was lawful and constitutional. The second case involved the line of succession relating to the resignation of the governor in which the OAG and the attorney general opined that the succession to the respective offices of the attorney general and governor were justified because the term remaining of the elected governor was less than one year, more or less. All these events of situations resorted to opinions of the OAG and the attorney general. In all these precedent setting cases, the CNMI lacked the specific statutory standards of line of succession as guidance and procedures that would deal and  effectively discharge the proper public policy concerning resignation, removal or death of the governor or lieutenant overnor. Now, it is assuring that the OAG and the elected Attorney General may the blindly creating rules in the form of opinion, and also igniting public apprehension suggesting the elected attorney general causing an irresponsible conclusion of law absent and violation of the constitutional standards of Section 7 and 8 of Article III of the CNMI Constitution.

As a lay person, and wishing only to be labeled a  lay person in this discourse, the reading of statute or constitution would require the reading of every word in the sentence and every sentence in the paragraph of the written language of the published law.  A word by itself does not convey meaning. Meaning of words derived its intended meaning by how the words perform as a “syntactical marker” and “semantic marker” in the sentence.  The intended meaning formulated and conveyed by words in the sentence would satisfy the communication being expressed by the writer or speaker. Hence, one like the OAG and the elected attorney general could not just select what seems to justify one’s thought process and eliminate the rest as not applicable.  Hence, every word in Sections 7 and 8 of the Article III of the CNMI Constitution should count in the absence of statutory standards enacted by the CNMI Legislature.  Reliance of the OAG and Attorney General in previous opinions and the base of our crisis today is risky on the ground of irresponsible and blind resolution of the opinion of the AG to the present situation.

In making the recommendation, the OAG and AG consider the “continuity of government” as an issue.  Section 8, subsections (a) and (b) of Article lll give partial resolutions to the crisis on hand.  The line of succession crisis unfortunately exists because of lack of guidance and procedures.  Had the OAG and AG considered the time sensitivity of the placement of a person to the vacant governor’s office or position, the CNMI would have been focused and aligned to resolving the line of succession crisis.  What question that would urge the OAG and AG to consider is simply: Is the term of the governor’s time of office less than one year?  Or, is the vacancy occurred early in the term which is more than one year? This whole situation of having to swear in the president of the Senate and person of that office, and the lieutenant overnor and person of that office to the respective offices would not have been necessary. The OAG and AG make more efficient sense by recommending that the line of succession crisis would have been better handled by the Legislature where the making of laws is perfectly settled according to the CNMI Constitution. A rule of succession by the OAG and AG would not amount to being the law of the land where the Constitution dictates and prevails. For this reason, the OAG and AG may have acted hastily, irresponsibly, blindly, and lazily for not taking into consideration of every word and sentence as context for opinions that would suggest and not effectuate as the law in opinions issued or sanctioned under his watch.

The CNMI Constitution does allow for the temporary take over of power of the governorship.  The framers of the CNMI Constitution rests the selection of the governor in case of forfeiture of office due to death in the hands of the electorate. No one is irreparable harm because the OAG and AG opined that the acting appointment of the lieutenant governor as acting governor is on hold until statutory enactment of the applicable line of succession and procedures therein form and serve as the rules of engagement in the situation. The line of succession crisis would have been avoided or prevented in all future situations. As electorate this is the constitution, how did the OAG and AG missed these desires. Fueling and aiding in further confusion and obfuscation to all this is like “a pilot without an airplane.”  The OAG and AG pay attention to the electorate of the CNMI as this is the only standard that would matter in view of the line of succession crisis we are trying to correct at the moment.

On another note, the person who held the office of the lieutenant governor and acting governor during the absence of the Governor due to sickness has not resigned his position of Lt. Governor prior to being sworn to the office of governor. Does that render the line of succession of the president of the Senate and the person of this office, has legitimate assumption of the office to which he was sworn into recently? This may be a minute and insignificant element of the process and unwritten rules of succession that the OAG and AG is professing, it is part of the crisis haunting the legitimacy of this government. This must be resolved quickly, but how? The Legislature is the venue for all these, but nothing is stirring interest at the part of governing in the CNMI government. I and score of others who are only observant to all this wandered and aimlessly guessing why the representation of legislators is no where visible or echoing in the midst of all these.

The only question the electorate need to know and anchor the solution to the line of succession crisis is:  Is the term of the Governor’s time in office less than one year or more than one year?  The facts of the present situation calls that the term remaining is more than one year.  The OAG and AG answer is not an illusive or false response, the last sentence of Section 7 of Article III of the CNMI Constitution applies. Furthermore, the OAG and AG offer solution to clarify and make efficient public policy by urging the CNMI Legislature to effectuate its jurisdiction on this matter. Hence, the AG would have stepped back as far as it is possible from making judicial activist mandate where the OAG and AG ruling by opinions. The court of competent jurisdiction and the CNMI Legislature are the venues to give democracy and the electorate as the rightful owners of the jurisdiction concerning the line of succession that we do not have.

The unintended consequences to all these may have tied and created a sentiment of illegitimacy of office to both persons sworn in to the offices of governor and lieutenant governor. The aggravation to have dealt with social and psychological apprehension by the electorates will escalate to where the succession of offices would be one that is viewed as undeserving and marked with greed and lack of respect for the electorate.  All these could have been prevented had the OAG and AG rationalized the situation efficiently knowing the alternative has better acceptance and satisfaction to the electorate. Unfortunately, if this matter is not corrected soon, the history of the CNMI would baptize these succession as an ill gotten windfall. It is preventable, and that would have been the challenge of the OAG and AG. Reversing course is not a bad idea, and the right way is keeping the electorate their due respect and authority to select who they want to be governor for the CNMI community and people. 

Francisco R. Agulto
Kannat Tabla