Editorials
Friday, May 28, 1999Attorney general
should be electedThe issue: Rejection of Margery Bronster's nomination to a second term as has revived interest in electing the attorney general.
MARGERY Bronster's rejection for a second term by the state Senate has bolstered the idea of making the position of attorney general elected, as it is in most states. The Honolulu Star-Bulletin/NBC Hawaii News8 poll shows a resounding 83 percent of respondents favoring election of the attorney general. The same proportion of respondents -- 83 percent -- said they thought Bronster should have been reappointed.
The Hawaii Constitution provides that the attorney general be appointed by the governor and confirmed by the Senate. Election would eliminate the office's ties both to the governor and to the Senate.
The Star-Bulletin has advocated election of the attorney general for years on the ground that he or she must be independent of the state government in order to effectively investigate and prosecute wrongdoing in the government.
The Bronster situation was different in that the obstacle to effective functioning was not the governor but the Senate. However, election would deal with both problems.
In the case of the Honolulu city prosecuting attorney, complaints that then-Mayor Frank Fasi had used the office to persecute opponents prompted the movement to make the position of prosecutor an elected office. There has been no attempt since to have the office revert to the mayor's control.
Looming over the battle on Bronster's confirmation to a second term was her historic investigation of the Bishop Estate trustees. Her rejection is widely believed to be the result of her taking on the politically influential trustees.
Governor Cayetano has himself advocated election of the attorney general. He stated at the start of his first term that in the absence of provisions for election his appointee as attorney general would be primarily an advocate for the public interest.
It's noteworthy that both supporters and opponents in the Senate of Bronster's reappointment -- Matt Matsunaga, a supporter, and Colleen Hanabusa, an opponent -- favor election of the attorney general. That could indicate broad support for the proposal.
The Bronster case demonstrated how the power of confirmation can be abused to deny the public the services of a dedicated and effective official. Electing the attorney general would be a solution. It deserves serious consideration.
Bishop Estate Archive
Philippine accord on
U.S. exercisesIN 1991 the Philippine Senate, on a 12-11 vote, rejected the renewal of U.S. military base rights, forcing the closure of Clark Air Base and Subic Bay Naval Base. Now the same body, on an emphatic vote of 18-5, has approved an agreement that will permit U.S. forces to resume military exercises and naval visits.
However, the nationalistic spirit that forced the closure of the U.S. bases was still evident as thousands of activists, including students and Catholic nuns and priests, demonstrated against the new pact.
Recent surveys show a majority support the visiting forces agreement, but the Catholic Church and left-wing groups have strongly opposed it. Opponents regard the accord as a manifestation of neocolonialism after decades of American rule. They cite problems generated by the previous presence of U.S. forces, notably prostitution and illegitimate births.
One of the sore points is the provision giving the United States jurisdiction over crimes committed by military personnel while on duty, seen as an infringement of sovereignty. Disputes over criminal jurisdiction repeatedly caused friction when U.S. forces were stationed in the country
The Senate, however, was more concerned this time with the reality that the Philippine armed forces are too weak to defend the islands and need U.S. assistance under an existing defense agreement. Such assistance could hardly be expected if the Philippines refused to allow American troops to train in the country or U.S. warships to call at its ports.
President Joseph Estrada, who as a senator voted to terminate U.S. military base rights, urged approval of the visiting forces agreement, citing the nation's military weakness.
The Philippines is currently involved in a dispute with China over rights to tiny islands in the South China Sea, a troublesome situation that must have influenced the Senate vote.
Under the agreement, the Philippines must approve any U.S. exercises. Officials of both governments should strive to ensure the pact is implemented in a manner that will avoid incidents that could inflame their relationship.
Published by Liberty Newspapers Limited PartnershipRupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
