Smith’s nomination faces rough sailing in Senate

Gov. Pedro P. Tenorio’s recent nominees to the judiciary are expected to face the powerful Senate Committee on Executive Appointments and Governmental Operations by next month when it starts its deliberation, according to committee members.

Both the appointments of Supreme Court Justice John A. Manglona and Superior Court Associate Judge Eric S. Smith will be up for review, and sources said it will be a tough one for the latter.

While Justice-designee Manglona seems almost assured of confirmation, Mr. Smith could face rough sailing before the EAGI where some members have already expressed opposition against his nomination.

Senate Floor Leader Pete P. Reyes, an outspoken member of the panel, said he would cast his vote for Mr. Smith, but added that he is not certain as to how the other members would look at his appointment.

“I’m not going to say that there’s not going to be any problem. There’s only one vote now — my vote, and there are nine members in the Senate. In order for any nomination to be approved, it requires at least five votes,” he said in an interview.

Sen. Ramon S. Guerrero declined to comment, saying only that he will make an official statement “if and when the time comes.”

After weeks of anticipation, Mr. Tenorio announced his pick last April 13 for the two judicial positions, naming Judge Manglona to the high court to replace former Chief Justice Marty W.K. Taylor who retired almost 16 months ago.

At the same time, he nominated Mr. Smith to the Superior Court to succeed him if he gets the advice and consent of the Senate as required under the Constitution.

Sources, who spoke on condition of anonymity, believed Judge Manglona could easily be confirmed as he has drawn the support of most senators, even months before the appointment was announced.

Mr. Smith, on the other hand, does not get the same support, they said. “Is there any other nominee?,” asked one source, adding that he prefers “a local” to take the seat to be vacated by Judge Manglona.

The newly appointed lower court judge earlier has expressed confidence over his confirmation, saying that he is ready to answer questions from EAGI regarding his background and work history. He said that he expects the process to be “fairly smooth.”

Mr. Smith, a lawyer practicing in the Commonwealth for the past 15 years, emerged as the governor’s top choice over another prominent lawyer David Wiseman who was also hoping to be nominated to the post. Both attorneys were believed to have lobbied hard to get the appointment.