If the Senate fails to act on the nomination within 90 days, Gov. Benigno R. Fitial cannot re-appoint Camacho.
The 90-day period ends in Nov. 7, but the governor can withdraw the nomination before that date so he can resubmit it.
Press Secretary Angel A. Demapan in an interview yesterday said the governor does not want to tell the Senate what to do, just like the Senate should not tell him, Fitial, what to do.
But a judicial vacancy exists and to meet the constitutional mandate, the governor submitted Camacho’s nomination.
Camacho is qualified for the job, and so the governor expects that Senate Committee on Executive Appointment and Governmental Investigation to at least look into the nomination, said Demapan.
But Sen. Frank Q. Cruz, who chairs the committee, has already told the governor that due to the state of the economy, he believes it is financially beneficial not to appoint a new judge.
Cruz, R-Tinian, said he expects the governor to withdraw Camacho’s nomination.
He also asked the governor to postpone the nomination for the position left vacant by Chief Justice Miguel S. Demapan who retired last month.
He cited Article 4 of the NMI Constitution that allows the associate justice most senior in commission to become acting chief justice.
Additionally, he said, 1 CMC Section 3305 allows the designation of special commonwealth judges whenever the Supreme Court requires the services of more judges.
Special judges, he added, are paid on a pro rata basis, which will result in savings for the government.
But Demapan said they do not want to “violate the Constitution which requires five associate judges.”
The governor, he said, has met with senators and discussed the nomination of Camacho but the committee remains “defiant.”
“We remain hopeful that [the committee] will entertain the nomination and make sure we are in compliance with the Constitution to have an adequate number of judges on the bench,” Demapan said.
