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Campbell to Replace Parnell
By juneauempire.com
Published: 07/14/2009

Parnell moves ahead with Campbell appointment

Lt. Gov. says he can appoint Campbell as a replacement without legislative role

By Pat Forgey -Juneau Empire

Lt. Gov. Sean Parnell is designating Lt. Gen. Craig Campbell as a "temporary substitute" to replace himself as lieutenant governor.

The move is intended to enable Campbell to take over the number two position in the state without the legislative confirmation called for in state law, but some legislators are skeptical of its legality.

Parnell said the confirmation can be done later, in either a special session or next year during the 2010 regular session and still comply with the law.

"This is a win-win approach to ensuring a clear and secure line of succession to the office of lieutenant governor," he said Monday.

The Legislature had earlier confirmed Corrections Commissioner Joe Schmidt as next in line to become lieutenant governor, approving an appointment made at Palin's request. Palin changed her mind, however, and instead named Campbell for her choice as the new lieutenant governor when she announced she'd be resigning July 26.

Legislators say state law gives them the power to confirm the appointment, however.

"I think you are going to find that the Legislature would prefer to do the confirmation," said Rep. John Coghill, a North Pole Republican and House Rules Committee chair.

"I think we should have a special session just as soon as we can muster enough people," he said.

Rep. Beth Kerttula, D-Juneau, agreed.

"I think we should go through a confirmation session," said the House Minority leader. "It may mean some people's schedules have to change."

State law allows the lieutenant governor to designate a commissioner as a temporary substitute for some tasks, but succession to the office of lieutenant governor is not among them.

Attorney General Dan Sullivan last week released a legal opinion saying that law could be used to appoint Campbell as "temporary/acting lieutenant governor."

He said the Legislature could then confirm Campbell at a later time.

That approach "preserves the Legislature's interests and responsibilities in confirming General Campbell to the second-in-line position at a later date," Sullivan's opinion said.

Kerttula, a former assistant attorney general and former president of the Alaska Bar Association, called Sullivan's opinion "a stretch," and its legal reasoning "a little bit tortured."

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Comments:

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