‘Seize DPL funds, property’

The U.S. District Court for the NMI has ordered the U.S. Marshal to seize the Department of Public Lands’ funds held in bank accounts, goods, and any other property to satisfy a total of $262,714.60 in judgment, costs, and interest to a landowner.

Chief Judge Alex R. Munson directed the U.S. Marshal to retain the unpaid balance of $262,714.60 plus per diem interest from and after Oct. 24, 2008, at the rate of $31.35 per day until the date the judgment is satisfied.

In his order of writ of execution issued Tuesday, Munson ordered the U.S. Marshal to come to court on Nov. 7, 2008, to give the money to Antonio S. Camacho.

The judge issued the writ of execution following the request of attorney Michael Dotts, counsel for Camacho.

Dotts said he twice contacted DPL’s counsel, the Office of the Attorney General, to open a dialogue so they could reach a mutually agreeable method to pay the judgment in the case.

Dotts said acting Attorney General Gregory Baka has not responded.

Munson recently ruled that the court can enforce its judgments against CNMI government agencies even if the Legislature has not appropriated money to satisfy such judgments.

“The failure of the Legislature to fulfill its constitutional mandate does not, cannot, and will not prevent the court from taking all necessary steps to ensure that its judgments are enforceable,” Munson said.

“A court that cannot enforce its judgments must forever close its doors, as it will have become nothing more than an historical curiosity,” said Munson in granting a motion for writ of execution.

The judge stayed Camacho from attempting to enforce the $239,397 judgment he obtained against DPL as the successor to the defunct Marianas Public Lands Authority until Oct. 24, 2008, to allow the parties to reach a mutually agreeable method to pay the judgment.

“If no agreement can be reached within that time, [Camacho] may pursue the remedies sought in his motion, including a writ of execution,” the judge said.

In December 2006, a federal jury found DPL, as the successor to the defunct MPLA, liable to pay $239,397 to Camacho for the taking of his land in Gualo Rai.

The jurors determined that Camacho’s property was taken on Feb. 28, 1992 and that the fair market value of his land during the time of taking is $95 per square meter. The jurors found that 6 percent annual interest rate should be applied to compensate him.

Dotts served as counsel for Camacho in that case.

DPL appealed to the U.S. Court of Appeals for the Ninth Circuit. DPL’s appeal was dismissed in August 2007 for failing to file an opening brief. The case lay dormant until Camacho filed the motion for writ of execution.

DPL urged the federal court to defer to Commonwealth law and agree with them that Camacho has no means to enforce his judgment without an appropriation by the Legislature.

DPL cited the Commonwealth Code, which directs that payment of judgments rendered against the Commonwealth government are to be paid by legislative appropriation.

In his decision, Munson said if the courts were required to balance the interests of its ability to enforce validly-rendered judgments versus the right of the Legislature to fulfill its statutory duties, the court finds “that the balance tilts overwhelmingly in favor of protecting the independence of the federal judiciary and of providing federal litigants in the Commonwealth a meaningful, timely avenue to collect judgments.”