Initiative seeks to elect AG

A legislative initiative will propose the election of the CNMI Attorney General rather than a governor’s appointee in what its sponsor said is intended to prevent problems that have occurred in recent years.

Sen. Joaquin G. Adriano, chair of the Senate Committee on Executive Appointments and Governmental Investigations, said the popular vote is the best way in selecting the person to assume the crucial post.

“This is in the best interest of the people of the Commonwealth so we are coming up with the legislative initiative for them to decide whether they want to elect their Attorney General or not,” he told in an interview yesterday.

The initiative, which is expected to be introduced at a scheduled Senate session today, has already won support from seven of the nine senators, propping up its chance of getting through the first round.

Mr. Adriano said he would push for its passage on first reading, after which the initiative would be presented in a public hearing to gather recommendations from government agencies and private sector.

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

This is the first time the Legislature is coming up with the mechanism in selecting the chief of the Attorney General’s Office, which, under the Constitution, is appointed by the governor with the advice and consent of the Senate.

According to Mr. Adriano, the process has become problematic for both the executive and legislative branches of the government in the past few years.

He cited cases where the AGO has had a series of acting chiefs because the Senate has never given its confirmation, thus creating confusion as to when the term of an acting official has been completed and when it has been extended.

The absence of a chief government lawyer in a permanent capacity has also triggered serious legal problems for the criminal justice system, the Tinian senator said.

He added the position has been beset by competing political agenda based on the existing system of empowering the governor to choose the official.

“[T]he current mechanism has failed the people of the CNMI,” the initiative explained. “[T]he current status quo. . . as well as the lack of political consensus, which has led to Senate ratification problems, has persuaded the Legislature to formulate this historical initiative.”

Under the proposal, the attorney general will be a four-year, and non-partisan elective position with a salary between $100,000 to $130,000 depending on the qualification.

A candidate to the position shall be barred from contributing directly or indirectly financial contributions to a political party or candidate; accepting donations for his or her campaign as well as affiliating in any political group.

Current Attorney General Herbert D. Soll is the first appointee ever confirmed by the Senate in six years following a spate of acting chiefs that went as far back as the previous administration.