This was the legal opinion of Attorney General Edward T. Buckingham concerning membership on Northern Marianas College’s board of regents.
In AG Opinion 2010-01, dated Jan. 5, Buckingham said the Government Ethics Code Act of 1992 does not prohibit an attorney engaged in the private practice of law from serving as a member of a board, commission or task force.
When the NMC board met on Dec. 30 to elect Janet H. King as its new chairwoman, its legal counsel Jesus C. Borja raised the legality of a practicing lawyer assuming the post.
A former assistant public defender, King is a practicing lawyer.
Borja cited a law which stated that a private attorney cannot also serve as a public official.
But Buckingham said there is a separate provision in 1 CMC 8541 which states that “a public member of a board, commission or council may represent a client or constituent before a commonwealth government entity if the member files a disclosure statement with the agency and with the board, commission, or council on which the member serves, stating the service rendered.”
He said to require a private attorney to cease the practice of law in the event of service as a member of a board, commission or task force would “create[s] not merely the risk but the fact of restraining the right of a qualified person to seek or hold public office; deny private practitioners of the law an opportunity to serve the government and community at large through pro-bono public service; and deny the commonwealth of the expertise of private attorneys serving as members of board[s], commission and task forces.”
The AG said practicing law within the commonwealth is a highly regulated activity.
“Attorneys bring a skill-set applied both in and outside the courtroom. As advocates in court, attorneys represent a specific party. Outside the courtroom, attorneys are often engaged to offer counsel and advise whether and how to proceed with a specific activity or undertaking,” he added.
“These analytical skills are widely used by organizations to improve performance,” he said.
