AGO CLARIFIES Smith’s nomination ends Aug. 3

Lawyer Eric Smith’s nomination as Superior Court judge is expiring August 3 since it took effect only on May 5 upon confirmation by the Senate of new Supreme Court Justice John A. Manglona.

This is the opinion of Attorney General Herbert D. Soll in response to a request from Sen. Ramon S. Guerrero following the Senate’s bypassing of the latest judicial appointment.

But some senators shrugged off the AG’s opinion as they noted that there is still no scheduled hearing for Mr. Smith anytime soon. Five of the nine members are in fact leaving this Friday for a week-long visit to Washington D.C.

“It’s done. So what,” said one senator who asked not to be identified.

Senate Vice President Thomas P. Villagomez, when asked before Mr. Soll came up with his opinion, maintained that any executive appointment is effective on the date it was made by the governor and lasts up to 90 days without being confirmed as provided in the Constitution.

Gov. Pedro P. Tenorio named Mr. Smith as a replacement for former Associate Judge Manglona last April 13, but indicated that his nomination was “contingent upon” the confirmation of his Supreme Court appointee.

Justice Manglona received the Senate’s advice and consent last May 5, but Mr. Smith never had a chance to be heard by the Committee on Executive Appointments and Governmental Investigations.

It was widely believed that his appointment expired July 12, exactly 90 days since it was announced. Mr. Tenorio even expressed regret over the Senate’s bypassing, saying he is ready to choose from a pool of likely candidates to replace Mr. Smith.

While acknowledging that the Attorney General’s Office’s scope of work is limited within the executive branch and in all legal matters to represent the Commonwealth, Mr. Soll stressed his opinion was made in the “spirit of cooperation” between the branches of the government.

He said that although Mr. Smith was appointed at the same time as Justice Manglona, the judge-designee’s nomination could not have been effective as there was no vacancy yet.

“In the interest of efficiency, the governor revealed his choice to replace Justice Manglona should the Senate choose to confirm him,” the AGO chief wrote to Mr. Guerrero, citing the governor’s conditions of Mr. Smith’s appointment.

“It seems abundantly clear that the governor could not nominate Mr. Smith to a position that was filled,” he explained. Justice Manglona’s confirmation “took place on May 5, 2000 and that is when the nomination of Mr. Smith became effective. I believe that the period in which the Senate may act upon the nomination will end 90 days from May 5, 2000.”