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sary, he certainly would have the necessary
persuasive power to retain the office and
the salary.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: One further
question. You use the word "counsel". We
were concerned that this could possibly
lead to a conclusion that only one individ-
ual could be employed, and he would be
working directly for the governor, and this
might have the impact of restricting the
ability of the legislature to authorize other
house counsel, as it were, to be hired by
various other branches of the executive
branch. Do you mean this when you say
"counsel," singularly?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I mean
that there would be one person who would
be counsel to the governor. To the extent
that he may need additional attorneys to
assist him in those duties, I wuld not con-
template this language to prohibit such an
activity.
THE CHAIRMAN : Delegate Johnson.
DELEGATE JOHNSON: Delegate Gal-
lagher, since you are giving this office con-
stitutional dignity, is it not possble that
the attorney general could render an opin-
ion on a state matter, whether the opinion
were sought or not sought by the governor,
and if the governor were dissatisfied with
that opinion, could he then turn to his
counsel as provided by your amendment,
and obtain a different opinion, therein
having a conflict in the executive branch?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: You are
quite correct. As a matter of fact, I believe
that under the present circumstances
where there is unofficial counsel to the
governor that that unofficial counsel may
from time to time give the governor dif-
ferent advice from that rendered by the
attorney general.
It has already been said here, however,
that the governor is not bound by the
opinions of the attorney general.
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: If the attor-
ney general would represent the State on
some matter wherein he rendered an opin-
ion, if the governor's view differed, do you
propose or suggest that the governor's
counsel would represent him in this matter
and oppose the attorney general, who would
therein be representing the State?
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THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Well, I
contemplate the position of counsel to the
governor as one who advises the governor
and gives him legal advice. I do not con-
template that he represents the governor
as the chief office holder of the State of
Maryland. I think in all probability the
attorney general still has, under the lan-
guage that we have adopted heretofore,
that particular function.
THE CHAIRMAN: Delegate Dukes.
DELEGATE DUKES: Delegate Gal-
lagher, the comments about other things
that counsel could do notwithstanding, is
it not so the principal thrust of this would
be to appoint special counsel to the gov-
ernor to serve, as you said, as his lawyer?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: To the ex-
tent that counsel to the governor is re-
sponsible to the governor only, I would
certainly consider him to be his own per-
sonal counsel, yes.
THE CHAIRMAN: Delegate Dukes.
DELEGATE DUKES: Is there any
question that he could do this with or with-
out such a provision of the constitution?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Well, I
think there may be some question about it,
and I pointed out there may be times when
there would be conflict between the Gen-
eral Assembly and the governor, and in
order to assure the continuance of this
position, I suggest that it be a constitu-
tional one.
THE CHAIRMAN: Delegate Dukes.
DELEGATE DUKES: If you perform
this sort of function, do you think it is
wise to place on him the requirement that
he have the same requirements as the at-
torney general? The governor could select
the Dean of Harvard Law School. Why
should he have to be a member of the
Maryland bar for five years to be special
counsel to the governor?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: If the
Dean of Harvard Law School would like
to come to Maryland, I think he ought to
reside here the same as anyone who wants
to be attorney general ought to reside in
Maryland, and be a lawyer for five years
and all other requirements.
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