‘No election of the Attorney General’- Constitutional Report recommends
The Constitutional Report listed some merits of having an elected Attorney General which included the absence of security of tenure. In jurisdictions where the Attorney General is elected by popular vote, the office holder will be expected to vacate office upon dissolution of the HoA and some persons may prefer this flexibility.
Further, the Report noted that an elected Attorney General provides opportunities for broader participation by the electorate as it can be argued that elections provide the opportunity for more qualified Virgin Islanders to make a bid for public office.
UK wants only civil servants to be Attorney General
The report cited that Bermuda appears to be the only UK Overseas Territory where, for decades, the Attorney General may be elected by popular vote; however, “in constitutional negotiations with other Overseas Territories, the UK’s stance was that the option of a politically appointed Attorney General was not due for consideration.”
The report, outside of listing advantages, also listed disadvantages of having an appointed Attorney General which included potential conflict of interest. The Report said it is the Attorney General's job to advise on the law. Attorneys General are required to advise both the elected government as well as the Governor, so concerns about conflicts of interest may arise when interests diverge.
No elected Attorney General
It also stated that the Attorney General can develop where politicians perceive that the Attorney General is not complying with their agenda and that an appointed Attorney General may not reflect the popular will of the people.
However, in the end, the Commission recommended that there should be no amendment to the Constitution to provide for an elected Attorney General.
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