Guerrero questions OAG charges

Rep. Joseph Leepan T. Guerrero (R-Saipan) is planning to introduce legislation that would allow autonomous government agencies to hire their own lawyers after learning that the Office of the Attorney General has been charging legal fees when appointed to represent these departments.

Guerrero believes that agencies being allowed to hire their own legal counsel is not unconstitutional.

“Where in the Constitution that says it is not allowed? If that’s the case, I think we should allow each department or agency to outsource their own legal representation,” he said. “Why should the attorney general appoint assistant attorneys to represent these agencies and then charge them?”

“My concern here is the AG has a budget and they receive it every fiscal year but why are you going to charge the agency that you represent? If that’s the case, I highly recommend these agencies and departments to hire their own legal counsels,” added Guerrero, who chairs the House Commerce and Tourism Committee.

When asked, Attorney General Edward Manibusan, through public information officer Carla Torres, declined to comment.

The OAG received $2,877,918 in the fiscal year 2017 budget, with 86 percent or $2,487,183 going to pay the salaries of its 53 personnel. Another $330,735 is allocated for their daily operations while $60,000 is for utilities.

Guerrero said it is only appropriate that the OAG should pay the salaries of its lawyers when they represent these autonomous agencies such as the Marianas Visitors Authority and Commonwealth Utilities Corp.

“If you’re there to legally represent, then the AG should be the one paying these legal counsels. It is already in their budget. It is already embedded. They are receiving salary from the budget, which they receive every year for the purpose of personnel. It doesn’t add up that the OAG would charge. It is like double dipping.”

According to Guerrero the AG’s practice of charging for services is across the board, with the Department of Public Lands and the MVA among the agencies that are being billed for legal services rendered.

MVA managing director Chris Concepcion told Saipan Tribune that they have no problem paying for the legal services of their counsel. Assistant attorney general Michael Witry is MVA’s legal counsel.

“The AG is a separate entity now. Back then the AG came out publicly and said they are willing and capable of representing other departments and agency. But they are charging the agencies that they represent. Why are they charging?”

He said the Legislature plans to invite the AG and talk to him to discuss the issue. “We would love to hear from their office. I would love to hear the side of the AG, know their point of view, and ask them why?”