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DELEGATE GALLAGHER: It would be
my intention that this be a full-time posi-
tion.
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Mr. Chairman, I
rise to oppose the amendment.
THE CHAIRMAN: Let us have questions,
first.
Delegate Mason.
DELEGATE MASON: Delegate Gallag-
her, do you know of any constitution in
this country that has a similar position?
DELEGATE GALLAGHER: I have not
checked other constitutions, Delegate Mason.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Do you believe
that such a provision as this would create
a built-in conflict between your constitu-
tional attorney general and your constitu-
tional governor's counsel?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: No, I do not.
In those states in which the counsel to the
governor is authorized and the attorney
general's office is also authorized, I know
of no conflict.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: But in those states
he is not a constitutional officer is he?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I have indi-
cated that I have not checked that point.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Delegate Gallag-
her, we had language similar to this in
Committee, and the problem we had with it
— and that is why I want to ask your solu-
tion with respect to it — is we did not really
know when you say "appoint counsel" what
you end up with.
Apparently, if you put the word "counsel"
in there without any authority for the legis-
lature to qualify by law what the duties
and functions will be, all his powers will
flow from the constitution.
You said you have not researched the
problem. We had that same thought, too.
We had not researched it so did not know
what we were putting in the constitution.
You you know what the powers and duties
of this individual would be just by virtue of
the word "counsel" in the constitution?
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THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I would be-
lieve that the General Assembly could imple-
ment those powers and spell out with more
definiteness the powers of the counsel of
the governor.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: If they were
spelled out in detail, they could reduce them
clown to a minimum so that they would
mean practically nothing, too, could they
not?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: That is
quite true, but as long as the constitution
provided language, as this amendment
does, that the governor may appoint coun-
sel, I think the very word "counsel" means
that one provides legal advice to one's
client, in this case being the governor.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Not, however,
restricting the area in which advice is
being provided. Once you open the door to
allow the legislature to condition the ad-
vice, it seems to me you could reduce it
to a very small amount.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I have
never known too many lawyers who have
been circumscribed in giving advice to
their clients.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: It seems to me
there is no question but that those gov-
ernors who have not had separate counsel
by law or constitution have had the advice.
All we are trying to do is see there is
some dignity to the office and they get paid.
Even with this, there is no guarantee this
counsel would get paid.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I would ex-
pect the governor would fund the office in
his budget.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Which would
have to be approved by the legislature, is
that not correct?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Yes, that
is correct, and to the extent that the gov-
ernor felt that the office was vital or neces-
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