As a participant and observer of Maine state government for the past four decades, I have come to the conclusion that other than the governor and chief of staff, the most important, challenging and demanding position in the executive branch – and for that matter, all of the state government – is the position of legal counsel to the governor.

It would be difficult to write a job description. The position of being the governor’s lawyer requires a person to be well versed in the law.

But it requires much more than just that skill, however. The position also requires a unique blend of political, public policy and people skills. In addition, it is essential that the occupant of the legal counsel’s office have a close, personal working relationship and mutual respect for the occupant of the corner office. One’s own agenda must be subordinate to that of the governor.

Besides advising the governor, the job description over the has evolved to include acting as the liaison with the attorney general’s office and court system. In addition, the governor’s lawyer oversees judicial appointments, writes legislation for the administration, reviews the legal positions taken by the various departments of state, and assists the chief of staff as gatekeeper to the governor.

Quite a job, quite a responsibility.

The present occupant of this position, attorney Kurt Adams, unquestionably possesses all of the qualifications, and has done an admirable job since he was appointed by Gov. Baldacci in November 2002.

Adams, besides being a skilled attorney, has always been interested in government, politics and public policy. He left a prosperous, growing law practice and partnership at Bernstein, Shur, Sawyer & Nelson for the challenges of serving in the Baldacci administration.

Most observers view Adams as an ambitious, engaging, bright, quick study who has the ear of the governor. The governor and his legal counsel share a mutual respect. At one of the Blaine House Christmas receptions I attended, I noticed the chemistry between them much like that of the smart younger brother with the wise older brother.

To some, especially Republican legislators, there are concerns that he isn’t always inclusive and tends to be partisan. My read is that he errs on the side of protecting his boss, but my GOP friends do voice a valid point.

So how does this relationship stack up? Depending on who the governor is, the roles and functions change. A review of the past six governors evidences differences in the way legal counsel positions were utilized.

During the administration of Gov. Ken Curtis, the position became more proactive. He imported into the state and his administration bright, young public-service related lawyers. Current Kennebec County Probate Judge Jim Mitchell and First Circuit Federal Judge Kermit Lipez were among them.

Curtis relied upon this group of young legal upstarts to help him reorganize a stagnant state government. Justice Lipez began to shape what has turned out to be a proactive model when he served Gov. Curtis as legal counsel. Their relationship extended beyond the administration when they became founding partners in a prominent firm, now known as Curtis, Thaxter, Stevens, Broder, & Micoleau. To this day, they remain close friends.

Gov. Jim Longley succeeded Curtis as governor in 1975 after a stunning upset in the 1974 gubernatorial election; beating former Attorney General Jim Erwin and former U.S. Sen. George Mitchell. The Lewiston insurance executive, who graduated from law school but never practiced law, confided in and relied heavily on the advice of prominent Portland attorney Tom Monaghan, founding partner in the firm of Monaghan and Leahy.

Lifelong friends, Monaghan became the defacto legal counsel. At the strong recommendation of his friend, Longley appointed a young, smart, capable, friendly protege named Joe Hochadel to the position. After Longley’s first and only term, he became a member of Monaghan & Leahy.

Gov. Longley played his cards close to his vest. In the end, he called his own shots and did not seek counsel from but a few close advisors, such as his Chief of Staff Jim McGregor and Monaghan.

Gov. Joe Brennan, too, had a close knit group of advisors. Unlike Longley, he practiced law in the public and private sector. He understood the importance of surrounding himself with young, quick, bright, public-policy minded lawyers. Brennan assembled impressive staffs of lawyers in the Cumberland County attorney’s office and the attorney general’s office.

Former Central Maine Power President David Flanagan fit that description and served as Brennan’s legal counsel during a portion of his first term. Like Justice Lipez, Flanagan had all the tools. There was a mutual respect and close friendship that still remains. District Court Judge Andre Janelle served with distinction in many rolls in the Brennan office, including an effective stint as legal counsel. Brennan also was well served by current Superior Court Justice Kirk Studstrup and Maine Education Association Insurance Trust CEO Robert Gibbins. Brennan and Gibbins still keep in contact on a regular basis.

The administration of Gov. John McKernan also benefited from bright, competent, legal counsel. He called upon his close law school classmate Bob Moore to fill the important position when he took office. Moore and the former governor knew the inner workings of the State House having lobbied and practiced law with the firm Verrill & Dana. During the tumultuous years of his administration, McKernan was fortunate to have the loyal and competent services of three young attorneys who served in succession: Alan MacEwan, Derek Langhauser and John Devine. Langhauser still remains in the public sector serving as legal counsel for the community college system. MacEwan and Devine are presently partners with Verrill & Dana. All three remain close to their old boss.

Gov. Angus King was no exception in staffing his office with intelligent dedicated public servants. Under the direction of King’s bright and effective Chief of Staff Kay Rand, Maine’s second Independent governor assembled an impressive bipartisan staff. For the first time in Maine history, the position of chief legal counsel was filled by a woman, Elizabeth (Libby) Butler. Her tenure as counsel to King was impressive. Along with Rand, Gov. King relied upon her broad knowledge of law and policy issues. Upon Butler’s return to private practice at her old firm Pierce Atwood, the position was filled by Wayne Douglas who ably served as King’s lawyer until his appointment as district court judge last year.

I am sure that if I am blessed to observe a fifth decade (God willing) of Maine state government, the job description and position of legal counsel will continue to be a difficult one to fill. Fortunately, Gov. Baldacci has made the right choice.

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