Reyes: Baka using another loophole in the law

In light of acting Attorney General Gregory Baka amending contracts, Senate President Pete Reyes said the Legislature would quickly fix a “loophole” in the bill that seeks to clarify the confirmation process of the AG.

Last week, Baka notified all assistant attorneys general and special assistant attorneys general they could be terminated without cause if they did not agree to serve up to 30 days as acting attorney general, if appointed.

The move comes in anticipation of the passage of Senate Bill 16-51, SDI, titled the “Attorney General Confirmation Act of 2009.” The Senate passed it last week. The House of Representatives must still vote on it.

Reyes, who authored the measure, said by amending contracts Baka is trying to find another loophole around the law.

“We’re going to cover that very quickly,” the senate president said. “I hope, as the highest law enforcement officer in the land, they start to practice good ethics and not search for any possible loophole in the law. As a matter of fact, I expect them to report any possible loophole to the Legislature, so we can fix it. It’s natural to depend on the AG or acting AG to do that. The gravity of their responsibility dictates that they cooperate with the Legislature and practice good, professional ethics.”

In the letter to Reyes and House Speaker Arnold Palacios, Baka, who has served as acting AG for almost six months, noted the federal time limit for any acting officer is generally 210 days or almost seven months.

Reyes, however, said using a federal law as a model isn’t always best for the CNMI.

“We need to design a system and pass legislation that is uniquely related to our own problems. We know what is good for us,” he said.

Baka succeeded to the position of acting attorney general on Sept. 28 in the absence of an appointed AG. Under the Commonwealth Code, the governor is required to submit the nomination to the Senate within 30 days of the person being temporarily appointed. If the Senate does not confirm the appointment of the person holding the temporary appointed position, the position will terminate.

Gov. Benigno R. Fitial has not submitted Baka’s name to the Senate because, as deputy AG, Baka succeeded to the position of acting AG, Baka earlier said. He noted that his salary remains that of deputy attorney general, his contractual position.