In an interview yesterday, Buckingham said making the AG an elected position is a policy decision to be made by the Legislature, but he trusts that lawmakers will review options and make a decision that is in the best long-term interest of the commonwealth.
Buckingham said he serves as an appointed attorney general “so I do not have to split my responsibility from serving as AG and also being a candidate for election.”
He agrees that most states and jurisdictions have an elected AG. In fact, about 80 percent of the states have elected AGs, he said.
He noted, however, that all these jurisdictions are larger than the CNMI.
Buckingham said political affiliation, support, or opposition is not a factor in his work. Likewise, he added, decisions on prosecution “are not made in the context of whether a particular defendant is a supporter or political opponent.”
The AG, he said, is a lawyer but also a manager of an office. Supervision, hiring and associated management responsibilities are an essential part of the position.
Hiring people, he said, is not a function of political loyalties. Instead, people serve in the AG’s office because they contribute to its mission to represent the commonwealth and provide sound legal services, he said.
If one is elected to a political office, he or she must spend time running for office and considering who can be political ally, he added.
Buckingham said the “decisions we make now are not made in this context.”
He conceded, however, that having an elected AG may be what the Legislature and public want.
He said some would probably argue that there would be more accountability from having a person elected to serve as AG.
An elected AG, Buckingham added, “might mean greater flexibility in staff and attorney appointments.”
But there are disadvantages, he said.
“In my present role, the governor is recognized as the head of the commonwealth. I and members of this office look to the governor to make policy decisions,” he said.
An elected AG, he added, has their own base of political support and might be of a different political party than the governor.
Also, an elected AG might want to run for governor. In the CNMI, he said, “we have not had a history of AG’s becoming politicians.”
Buckingham said, “I view the governor as my boss. True, I serve and represent the commonwealth but we don’t have a conflict.”
He added, “If I were an elected AG from a different party…it would be hard for me to think like this. I’m not a politician.”
An elected AG may have a personal political agenda in conflict with the governor, Buckingham said.
Such conflicts would place the commonwealth in a weaker position, he added. “Instead of being unified, two of its senior leaders might have different goals and would defeat each other rather than working to bring success to the commonwealth.”
