Monday, June 17, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, July 15, 2016
Full Text: AG Opinion Backs Ige’s PUC Appointment
By News Release @ 8:01 PM :: 4056 Views :: Energy


News Release from Office of the Attorney General, July 15, 2016

HONOLULU – Hawaii Attorney General Doug Chin opined today that the Hawaii Constitution authorized Governor David Ige to appoint Tom Gorak on an interim basis to the Public Utilities Commission after Commissioner Mike Champley’s term expired on June 30, 2016. Commissioner Gorak’s appointment lasts only until the full Senate considers it when the Legislature is back in session.

The opinion was prompted by a letter last week from Senate President Ronald Kouchi asking the attorney general to answer several questions regarding the Governor’s interim appointments authority, how it interacts with applicable state statutes, and whether previous attorney general opinions on related but distinct issues were still valid. Senator Kouchi’s questions expanded on advice that was previously provided by the attorney general to Governor Ige on June 27, 2016 and to Senator Rosalyn Baker on June 30, 2016.

As noted in the opinion, the governor may fill vacancies in certain public offices under the interim appointments provision in article V, section 6 of the Hawaii Constitution. That provision provides that “when the senate is not in session and a vacancy occurs in any office, appointment to which requires the confirmation of the senate, the governor may fill the office by granting a commission which shall expire, unless such appointment is confirmed, at the end of the next session of the senate.”

Today’s opinion only addresses interim appointments, not the Senate’s “advice and consent” role for appointments when the Senate is in session. Previous attorney general opinions in 1973 and 1980 addressed different issues from those raised regarding the PUC commissioner. Both of these have been superseded, at least in part, by intervening changes in the law.

By statute the attorney general provides opinions upon questions of law submitted by the governor, the state legislature or its members, or a state agency head.

The text of Attorney General Opinion 16-3 is attached.  (LINK)






SA: Attorney General says Ige’s PUC appointment was constitutional


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii