Dec. 29, 2008 — The Virgin Islands would get an elected attorney general and auditor general if the whole Fifth V.I. Constitutional Convention approves draft constitutional language from the Committee on the Executive.
Committee Chairman Michael Thurland read through the existing draft language for the executive branch Monday during a meeting in Christiansted's D.C. Canegata Multi-Purpose Center, and members suggested revisions. They were one vote shy of a quorum, so the suggested changes were recorded for a later vote at the next committee meeting or plenary session.
Under the federal V.I. Organic Act of 1954, the federal law laying out the current structure of the territorial government, the governor appoints both the attorney general and the inspector general — the nearest equivalent to the proposed auditor general — with the advice and consent of the Legislature. Having those officials chosen directly by voters would give them a greater degree of structural independence and provide accountability for their performance. By definition, electing them would also make their jobs explicitly political.
The attorney general would have the same broad powers he currently has. Draft language says he or she "shall prosecute all criminal violations … provide legal advice to the government, represent the government in all matters to which it is a party," as well as whatever other duties are later provided in law.
Delegate Alecia Wells, a member and former chair of the Public Services Commission (see "PSC Replaces Wells as Chairwoman"), said she believed the government's various boards should be able to hire their own legal representation and not be required to rely solely on the Office of the Attorney General.
"I didn't feel we were represented properly through the attorney general's office, but we were told we were not able to hire our own representation," Wells said.
In 2007, the PSC billed Vitelco telephone half a million dollars to pay attorney Jeffrey Moorhead to appear improperly in U.S. Bankruptcy Court on behalf of the PSC and file motions asking the court not to appoint a trustee, but keep Vitelco telephone under the control of former owner Jeffrey Prosser. (See "Analysis: Prosser Bankruptcy Case Complicated by Disowned Lawyers" and "Judge Strips Prosser of Power Over Company Operations.")
Attorney General Vincent Frazer first directed the PSC to stop using Moorhead, then, when the appearances continued, publicly removed Moorhead from his position, appointing one of Frazer's assistant attorney generals in his stead. (See "Attorney General Dismisses Moorhead as PSC Lawyer.")
Delegate Kendall Petersen agreed with Wells, arguing that independent boards need a degree of flexibility.
"If the attorney general's office doesn't want to represent them, or isn't responsive, they have to be able to hire counsel," Petersen said. "You should still have the right to choose other representation."
The other delegates present disagreed.
"Am I missing something?" asked delegate Mary Moorhead. "The attorney general's office has to be the most expert and the top legal representation for the government."
"There is no way we are going to usurp the power of the attorney general that way," Thurland said.
"You can hire private counsel to represent the individual," Moorhead said. "But the attorney general has the power to represent the government. We cannot remove that authority."
The convention's Committee on V.I. Rights, the Environment, and Cultural Preservation meets 9:30 a.m. Tuesday at the D.C. Canegata Multi-Purpose room. On Jan. 13, the Committee on the Legislative Branch meets at the same time and location. Plenary sessions will be scheduled after the new year, once the Legislature releases its most recent appropriation, Moorhead said.
This convention has a deadline of May 31 to produce a draft document.
The U.S. Congress passed a law in 1976 to allow the people of the Virgin Islands and Guam to adopt territorial constitutions. Any constitution has to be consistent with federal law and with the U.S. constitution. The government must be republican in form, with executive, legislative and judicial branches, and it must have a bill of rights. But there are few other restrictions. Itsourfuture.vihas excerpts and links to the full text of the relevant laws and much more information.
There have been four previous constitutional conventions, but no territorial constitution yet. The most recent convention was in 1980. For a detailed history of previous conventions and extensive background information on the subject, see "V.I. CONSTITUTIONAL CONVENTIONS: BACKGROUND."
Present at Monday's meeting were committee members Thurland, Wells, Eugene "Doc" Petersen and Stedman Hodge Jr. Non-committee members Moorhead, Kendall Petersen and Claire Roker were present. Committee member Violet Anne Golden had been expected to come and complete a quorum, but was absent. Also absent were Gerard Luz James II, Charles Turnbull, Richard Schrader and Lisa Williams.
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