He vetoed Senate Bill 16-51, also known as the Attorney General Confirmation Act of 2009, on Aug. 20 or six days after the Senate confirmed the appointment of Edward Buckingham as the new CNMI attorney general.
“I understand that the Legislature is rightfully concerned about apparent attempts that have occurred in years past to evade the advice-and-consent provision of the Commonwealth Constitution, Article III, Section 11, with respect to confirmation of the attorney general,” the governor said in his veto message to the Legislature.
“However, the recent situation arose solely from the unwillingness of the members of the bar to serve in the position,” he added.
S.B. 16-51 was offered by Senate Floor Leader Jude U. Hofschneider, R-Tinian, and co-sponsored by the eight other senators.
The Senate passed the measure on March 10 and the House on July 8.
The bill will make it unlawful for anyone to act as interim AG for 90 days without a Senate confirmation.
Further, an attorney who served as an acting AG will be disqualified from the post within a two-year period unless the governor nominates him within 30 days after the appointment was made.
Deputy Acting Attorney General Gregory Baka was the acting AG from Sept. 28, 2008 until the Senate confirmed Buckingham as AG on Aug. 14.
“The Legislature finds that recent events have underscored the need to address issues such as the legal capacity of a so-called ‘acting attorney general.’ Specifically, questions regarding the capacity of an ‘acting attorney general’ to serve without formal nomination and without Senate confirmation have arisen. Given the confirmation process that exists, these issues are unjustifiable,” S.B. 16-51 stated.
“Said issue tend to impugn not just the integrity of the individual serving as ‘acting’ or ‘interim’ attorney general but also the very Office of the Attorney General. By extension, these questions also undermine the people’s confidence in the office and ultimately, impair the people’s ability to enforce the laws of the commonwealth,” the bill added.
Fitial said he offered the AG position to Baka, special legal counsel to Lt. Gov. Eloy S. Inos Teresa Kim-Tenorio and two other attorneys, but all declined.
“Since the vacancy created on Sept. 28, 2008 with the resignation of my first attorney general, I have searched diligently to find a highly qualified attorney in whom I had confidence and who was willing to undertake the responsibilities of the position permanently,” said Fitial.
He added that the lawmakers’ concern about the tenure of anyone acting as AG, “could easily be addressed with a few words changed in Title 1, Commonwealth Code, Sections 2902 and 2904.”
