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assuming that chief legal officer headed up
the legal department?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I think it would
be exactly the same relationship which
exists between the attorney general of the
United States and the special counsel for
the president. The special counsel to the
president advises the president on things
that are really personal powers and duties
of the president, and the attorney general
advises him on things of a government-
wide nature.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: For informa-
tion, does that government counsel have a
desk in the Department of Justice?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: No, he does not.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: Does he have-
any connection with the Department of
Justice?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: No, he does not.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: Then it is con-
templated by the Committee where it makes
its statement in the memorandum lines 50
and 51 that the governor would be free to
appoint legal counsel, that he would be free
to appoint that legal counsel which would
be separate and distinct from any connec-
tion or responsibility to the legal depart-
ment of the State?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: That is correct.
THE CHAIRMAN: Are there any fur-
ther questions?
Delegate Clagett?
DELEGATE CLAGETT: Just this, Mr.
Chairman.
What specific authority does the governor
have to appoint such counsel and where
would it be found?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Just his au-
thority as governor. He could use his
authority as governor to provide for a staff
in the budget. He could put the legal coun-
sel in his budget, and if the General As-
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sembly did not strike it out, I suppose the
counsel would be authorized when the
budget became law.
THE CHAIRMAN: Are there any fur-
ther questions, Delegate Clagett?
DELEGATE CLAGETT: No, sir.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Delegate Mor-
gan, Delegate Bamberger raised the point
with respect to this provision being sub-
stantially identical with the current Consti-
tution and it led me to realize that we are
now continuing the requirement on the part
of the attorney general to respond to an
opinion if requested by key people.
In the past it said a governor can make
a request. We have added any other officer
or agency of the State. Can we interpret
this sentence which starts on line 21 to
mean a responsibility on the part of the
attorney general which he cannot overlook
but as far as the other parts of the execu-
tive branch, either that there could be
either by executive order or legislature a
condition of the circumstances under which
the request would be made?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I do not think
there is any question about that.
THE CHAIRMAN: Delegate Sickles, in
your question you referred to line 21. So
that the record may be clear, what are you
referring to?
DELEGATE SICKLES: I was looking at
the committee memorandum.
THE CHAIRMAN: I assume you mean
the lines on 11 and 12 of page 2 of the
committee recommendation?
DELEGATE SICKLES: That is correct,
Mr. Chairman.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: Mr. Chairman, in
the first section of the article you indicate
the qualifications for election. Now I pre-
sume these qualifications do not apply in
case the governor has to fill the vacancy by
appointment, that is a five-year limitation?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: It is not pro-
vided for under the proposed amendment,
that is correct.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Chairman Mor-
gan, because of your responses to questions
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