Atalig surrenders to start serving 8-month prison term

Suspended lawyer Antonio M. Atalig surrendered to the Department of Corrections on Friday to begin serving his eight-month prison term for domestic violence.
Saipan Tribune learned that the 57-year-old Atalig voluntarily reported to the Susupe prison on Friday at 6pm.

Superior Court Associate Judge David A. Wiseman, however, has issued an order to show cause, asking Atalig to appear and explain tomorrow, Wednesday, why he should not be held in contempt for not complying with the order requiring him to report to Corrections on Feb. 15, 2014.

Wiseman earlier issued an arrest warrant for Atalig after learning that he did not report to Corrections on Feb. 15. Law enforcement agents failed to arrest him.

According to court records, Atalig pleaded guilty last year to assault and battery, two counts of disturbing the peace, and criminal contempt.

On Nov. 22, 2013, Wiseman sentenced him to eight months in prison. The judge then granted Atalig’s request to delay reporting to Corrections because he needed to find a job and fulfill many other obligations.

Wiseman orally granted Atalig’s request, ordering him to report to Corrections on or before Feb. 15, 2014. Atalig submitted a proposed order to start serving his sentence on Feb. 15, 2015. Wiseman subsequently signed the order but later corrected the year to 2014. The judge said he hopes the “very disturbing error” was not intentional on Atalig’s part.

On Feb. 25, 2014, attorney Robert H. Myers, on behalf of Atalig, asked Wiseman to extend once more the time for Atalig to serve his sentence, claiming, among other things, that the typographical error was due to a recording error from his handwritten notes to typewritten form.

On Feb. 28, 2014, Wiseman rejected Atalig’s motion. The judge said that Atalig’s reliance on an erroneous court order issued as a result of his own mistake is not well taken by the court.

“The court expects a certain level of decorum from former practicing attorneys appearing pro se [one’s own behalf], and defendant has failed to meet that standard,” Wiseman said.

Accordingly, Wiseman said, he does not intend to allow Atalig to take advantage of his own error and extend serving his sentence by any further amount of time.

Further, the judge noted, Myers is not and was at no point the attorney of record for Atalig.

Wiseman said in choosing to represent himself as a pro se defendant, Atalig certifies that he is handling the matter without the assistance of an attorney.

“Mr. Myers cannot become the attorney of record merely by filing a motion on behalf of a pro se defendant,” he added.