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Clarification sought on Smith’s appointment
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Posted on Jul 17 2000
Sen. Ramon S. Guerrero on Friday sought clarification from the Attorney General’s Office on whether the appointment of lawyer Eric Smith as Superior Court judge expired last week.
Noting that his nomination was “contingent” upon former Judge John A. Manglona’s confirmation by the Senate as the new Supreme Court justice, he said a legal opinion must be issued to determine when his appointment took effect.
Both were named by the governor on April 13 as judicial appointees — with Justice Manglona taking the post left vacant by former Chief Justice Marty W. K. Taylor, while Mr. Smith as his replacement in the lower court.
But Mr. Guerrero pointed out that since Justice Manglona was given advice and consent by the Senate only on May 5, Mr. Smith’s appointment could have taken effect on that day.
“I am requesting your legal opinion on whether Mr. Smith’s nomination has or has not expired based on the governor’s letter and controlling law,” he wrote to Attorney General Herbert D. Soll.
Earlier, Gov. Pedro P. Tenorio expressed regret over bypassing of his nominee to the Superior Court whose appointment was never formally heard by the Senate Executive Appointment and Governmental Investigations.
But he indicated that he is considering
“several names” to take the post which he will be submitting to the upper house for confirmation.
Mr. Smith’s appointment expired July 12, exactly 90 days after it was approved by the local chief executive. Under the Constitution, the governor’s nomination is valid for 90 days without the Senate’s advice and consent.
While he had opposed his appointment, EAGI chair Sen. Joaquin G. Adriano had vowed to conduct public hearing on Mr. Smith to at least consider him for confirmation in the committee level. But up until the expiration date, the panel failed to schedule even at least one meeting.
Mr. Smith, who worked as Assistant Attorney General in the 1980’s during Mr. Tenorio’s first two terms as governor, was believed to have lost support from the nine-member despite lobbying by his backers.
