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duties would be diminished. The Committee
gave the General Assembly a broad grant
of authority to impose additional duties on
the attorney general and in our Committee
Report, for example, we said that the
General Assembly could require the at-
torney general to coordinate all the activi-
ties of the state's attorneys. If the State
embarked upon a major war on crime, for
example, there would be a necessity, I be-
lieve for coordinating all the activities of
the prosecuting officials in the State. That
is just one example of the additional duties
which can be imposed upon the attorney
general under our recommendation. But
there was no thought that the duties of
the attorney general would be diminished
from what they are at the present time.
THE CHAIRMAN: Delegate Byrnes, do
you have a further question?
DELEGATE BYRNES: Yes, sir, I
would like to, if I could, have Chairman
Morgan state the concept of this office and
see whether or not you would agree with
it? The problem I speak to now is the one
that was raised on the floor when we first
discussed this office where various ques-
tions were asked and I think it has been
impressed on the record and I think er-
roneously, that in the event of conflict in
state policy between the governor and the
attorney general, if the resolution of that
conflict depended upon the use of the per-
sonnel, resources or professional expertise
of the attorney general or any of his staff,
that the resolution would be made by not
the governor but by the attorney general.
Now that statement was made and then
later on in the discussion the contradictory
statement was made by one of the delegates
on the floor.
I think it is imperative that we clarify
here today now what the relationship of
these two individuals will be.
Delegate Gleason has alluded to it and 1
have suggested again when I speak in
terms of the possibility of making him an
elected head of a principal department
which I do not think is inconsistent. It is
» inconsistent, but once you establish him
the head of a legal department and you
make hm elective, I see no reason why he
, could not be the head of a principal depart-
ment and elected as such.
DELEGATE MORGAN: What is your
question?
1 THE CHAIRMAN: Delegate Byrnes.
1 DELEGATE BYRNES: My question is
5 in the case of a conflict in state policy
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which requires the expertise and the knowl-
edge and resources and funds of the per-
sonnel of the law department, who has the
authority to make the final decision?
This is not a question, I might clarify,
of internal management of that of the at-
torney general's office and administration
of that office.
THE CHAIRMAN: Delegate Byrnes,
may the Chair interrupt?
It seems tc me that your question is so
broad as being incapable of being an-
swered. You refer to conflict of state policy
that might affect the legislative branch,
executive branch, or any of the quasi-
judicial agencies.
You have to be more specific.
DELEGATE BYRNES: I would say,
.sir, in the execution of state programs.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: It is the Com-
mittee's hope that the attorney general will
not have any authority to administer any
state programs. He will be strictly a law-
yer and not have anything to do with state
policy.
THE CHAIRMAN: Could the Chair try
to rephrase the question as he under-
stands it?
I think Delegate Byrnes is asking that
if a problem arose with respect to the
execution of state policy within the execu-
tive branch, that is the policy being sub-
mitted by the Constitution or law to the
determination of the executive branch and
the views of the governor and the attorney
general differed, who would determine the
policy?
DELEGATE MORGAN: I guess the
governor does not have to follow the advice
of the attorney general if he does not want
to, but he has got to take the responsi-
bility for his course of action if he decides
not to.
That is the only way I can answer the
question.
THE CHAIRMAN: Do you have a fur-
ther question, Delegate Byrnes?
DELEGATE BYRNES: Not at this
time, sir.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: Chairman
Morgan, I think we need some clarification
of your answer to the first question that
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