The departure of Kathy Lynn Simmons as attorney-general last week is said to have confused Bermuda’s legal fraternity and raised questions about how long the island could remain without someone in the constitutionally required role — or whether the job would go de facto to a public officer.

There were fears that the absence of an attorney-general could be considered a constitutional crisis but a source told The Royal Gazette that the government advice was that would be the case only if something arose that needed the post-holder’s attention.

“But things arise all the time. You cannot say ‘it’s not a constitutional crisis unless something happens’,” the source said.

“The Government could have called up the DPP or the Solicitor-General and asked them to act.”

There was said to be no appointment as Acting Attorney-General and uncertainty whether the role would automatically fall to the Director of Public Prosecutions, Cindy Clarke, who is understood not to have been delegated the job.

The position of Attorney-General as the “principal legal adviser to the Government” is mandated under the island’s constitution.

With Ms Simmons out of the job, it was unclear who held the responsibility for initiating criminal proceedings on the island.

Peter Sanderson, a constitutional lawyer, told The Royal Gazette that the position could not remain empty for long.

The office can be held by a member of the Senate or the House of Assembly — or by a public officer — and the power to appoint an Attorney-General is vested in the Governor.

The role is not to be subject to “the direction or control of any other person or authority” in the execution of its duties and in order to qualify, a candidate must be “entitled to practise as a barrister in Bermuda”.

The resignation of Ms Simmons, who was appointed to the post as a senator in 2017, left only two possibilities among the Progressive Labour Party’s elected representatives: Wayne Caines, a backbench MP, and Kim Wilson, who is already the Minister of Health.

Ms Wilson was appointed as the new attorney-general yesterday, despite carrying the responsibility of implementing universal healthcare.

David Burt, the Premier, could potentially have had to ask the Senate to drop in a candidate.

Mr Sanderson explained that the Bermuda Constitution permitted two ministers in the Senate.

With Owen Darrell the lone minister, with the portfolio of Youth, Culture and Sport, another minister could potentially have been appointed.

The job has been a political appointment since shortly after the Progressive Labour Party took the Government in the 1998 General Election.

Mr Sanderson added: “However, the Attorney-General does not have to be a minister. So, hypothetically, the government senators could include two ministers plus an Attorney-General.

“An attorney-general may also be a public officer, in which case they would be appointed by the Public Service Commission.

“If the Attorney-General is a public officer, then they would also undertake the role of Director of Public Prosecutions.”

However, he said the possibility seemed “unlikely”.