EAGI fails to act on Smith’s appointment

The nomination of lawyer Eric Smith as Superior Court judge formally ended yesterday without being tackled by the Senate — a move that drew protest from one of his staunch supporter.

But Senate Committee on Executive Appointment and Government Investigation chair Sen. Joaquin G. Adriano is still insistent that he wants a local to occupy the position left vacant by former judge and now Supreme Court Justice John A. Manglona.

“I still would like that a local be appointed by the governor as judge,” he told reporters in an interview after a brief Senate session where the appointment of Retirement Fund Administrator John Torres to the Marianas Public Land Trust Board was confirmed without problems.

Mr. Adriano said he is not aware of a letter sent by Marianas Visitors Authority Board Chair Dave M. Sablan urging the committee to call a public hearing on Mr. Smith’s nomination.

Mr. Sablan, who is supporting Mr. Smith, said that failure to even hold a public hearing on the governor’s appointment is damaging the Senate’s integrity.

“Your apparent lack of concern for not according us to express our opinion is quite distressing,” he told the senator in the letter sent August 2, a day before Mr. Smith’s appointment expired.

“You are taking the total responsibility unilaterally, into your own hands, which no doubt will have devastating effect on your good reputation as our senator,” added Mr. Sablan.

The letter was the second he sent on behalf of the lawyer who was named by Gov. Pedro P. Tenorio last April 13 to replace then Judge John A. Manglona who is now a Supreme Court Justice.

The Attorney General’s Office last month came out with an opinion that the appointment would expire Aug. 3, which exactly 90 days since Justice Manglona’s confirmation by the Senate on May 5.

Despite that, the EAGI committee did not conduct hearings as Mr. Adriano and three other senators flew to Washington D.C. for an official visit. Last July 23, Mr. Sablan wrote to the chairman urging him to call a hearing, but it too apparently fell in deaf ears.

Senators had been mum on the reason for bypassing Mr. Smith, who was once assistant attorney general during Mr. Tenorio’s first two terms as governor in the 1980s, although Mr. Adriano had always maintained local preference.

The governor, however, has already said that he is choosing among several other names to appoint as Superior Court judge to replace Mr. Smith.