Initiative to elect AG gets Senate approval

The Senate cleared two measures on Friday pertaining to the post of Attorney General, including the legislative initiative proposing its selection by popular vote.

Senate Legislative Initiative 12-2, passed on first reading, is now up for public scrutiny as senators are expected to gather recommendations and input before giving their final approval.

Sen. Joaquin G. Adriano, author of the initiative and chair of the powerful Committee on Executive Appointments and Governmental Investigations, has said the popular vote is the best way in selecting the person to head the Attorney General’s Office.

The CNMI Constitution provides that the position be appointed by the governor subject to the advice and consent of the Senate.

The initiative seeks the election of the chief government lawyer in hopes to prevent problems that have occurred in the appointment process in the past few years.

A legislative initiative needs to get two-thirds votes of each chamber before it can be submitted in a referendum in the next election.

Senators also approved House amendment on a bill setting out the AG’s qualifications which will update earlier laws that list the requirements for the position.

SB 12-24, offered by Sen. Edward U. Maratita, heads to Gov. Pedro P. Tenorio for signing into law.

Under the proposal, the AG must be a resident of the Commonwealth, a graduate of law school accredited by the American Bar Association and a member of the CNMI Bar for at least three years before his or her appointment.

These are among the changes made to existing statutes governing the AG post.

But the House Committee on Judicial and Government Operations recommended several other changes, including designation of the Deputy Attorney General by the AGO’s chief to prevent it from becoming a political appointment.

The deputy must also meet the minimum qualifications required for the AG and that he or she will serve in acting capacity in the event of vacancy in the post.

In addition, the AG must remain a member of the bar while serving out the term of office or face termination.

While the Senate proposed a salary cap of $90,000 per year for AG in a bid to attract the best lawyers, the House moved to lower the pay to $80,000.

But the initiative, if it gets majority votes in the referendum, will set the pay between $100,000 to $130,000 depending on the qualifications of the individual.

The AG’s appointment has become a battleground between the senators and the governor in recent years, leading to a long succession of acting officials due to failure to get the Senate’s confirmation.

Current Attorney General Herb D. Soll is the first official to hold the position in a permanent capacity in over six years.