Rep. Ray N. Yumul, R-Saipan, introduced House Bill 16-196 or the Attorney General Confirmation Act of 2008 which prohibits anyone from occupying the AG’s position in an acting capacity in excess of 30 days without the Senate’s consent.
Press Secretary Charles P. Reyes Jr. said he doesn’t agree with the bill’s intent.
“There’s just too much politics in it. The governor should be allowed to select his choice as AG. The chief executive ought to be allowed to make that decision. It’s just politics. Yumul might have an ax to grind,” said Reyes.
In a separate interview, Yumul denied he has a hidden agenda when he introduced the bill saying he’s simply concerned about the legal vacuum created by the governor’s failure to nominate the CNMI’s next AG after former AG Matthew Gregory’s resignation in Sept.
“What ax?” the lawmaker told the Variety. “I have no ax to grind. It’s a very simple and straight forward piece of legislation. Why don’t they just nominate [Acting AG Greg] Baka then?”
He said an acting AG may be necessary for the short-term but the process of nomination and confirmation intended to ensure that the CNMI government is legally represented must not be ignored.
Deputy Attorney General Greg Baka has been the acting AG since September.
The governor authorized Baka to review and approve all government contracts in that capacity.
Yumul said the governor should simply nominate Baka as AG.
“Significantly, a so-called ‘acting attorney general’ lacks imprimatur of authority befitting the head of the Office of the Attorney General. If you don’t have an AG, you put into question some criminal proceedings,” Yumul said.
Baka is a former U.S. assistant attorney and a Naval Academy graduate before he entered law school.
If Yumul’s bill is enacted into law, Baka may forfeit his chance to become the next AG.
“The failure of the governor of his designee to submit the individual who has been appointed or is otherwise serving in an acting capacity or who has assume the title or position of attorney general, acting attorney general, or interim attorney general, within 30 days shall preclude the individual who was not timely submitted to the Senate from serving as, acting in the capacity of, and/or occupying the specific office or position of attorney general, acting attorney general, or interim attorney general for the period of two years,” H.B. 16-196 stated.
