ON SMITH’S NOMINATION Kumoi wants public hearing

Following clarification on the expiration of lawyer Eric Smith’s appointment to the Superior Court, Sen. Ramon S. Guerrero yesterday sought a public hearing to tackle the governor’s latest judicial nominee.

He agreed with the opinion of Attorney General Herbert D. Soll that his nomination took effect only last May 5 when new Supreme Court Justice John A. Manglona was confirmed by the Senate.

“It’s only fair that the man should be given the opportunity at least for a public hearing,” Mr. Guerrero told reporters in an interview.

The Saipan senator had asked the AG’s opinion on the effective date of Mr. Smith’s appointment as many believed that it expired last July 12, exactly 90 days since he was chosen as replacement to former Judge Manglona as his replacement in the Superior Court.

According to Mr. Guerrero, the governor was very clear when he stated in his letter to the Senate that Mr. Smith’s appointment would only begin upon confirmation of Justice Manglona as there was no vacancy yet when he announced it last April 13.

Although four of the nine senators are leaving this weekend for an official trip to Washington D.C., he said there is enough quorum in the upper house to deliberate on the nomination.

If Mr. Soll’s opinion were to be followed, Mr. Smith’s appointment will expire on Aug. 3.

Mr. Guerrero, Sens. David M. Cing and Jose M. Dela Cruz as well as the Executive Appointment and Governmental Investigations Committee chair Sen. Joaquin G. Adriano are scheduled to fly to the nation’s capital for a week-long visit.
Senate Floor Leader Pete P. Reyes, originally part of the delegation, canceled his trip at the last minute due to criticisms that it would be a junket funded by taxpayers dollars.

Aside from him, those will be left behind include President Paul A. Manglona, Vice President Thomas P. Villagomez and Sens. Richardo S. Atalig and Edward U. Maratita.

Mr. Guerrero stressed that every nomination by the governor must be given the opportunity to be heard, adding that his one vote is not enough to push Mr. Smith’s confirmation.

While expressing disappointment over apparent bypassing of his judicial nominee, Gov. Pedro P. Tenorio earlier had disclosed that he is considering other names to appoint to the Superior Court.