“The CNMI does not have a lawfully appointed attorney to prosecute violations of Commonwealth law.” –– Lawyer Joseph Arriola Kara’s position challenged

Lawyer Joseph Arriola is seeking the dismissal of illegal gambling charges filed by the Attorney General’s Office against his clients, saying the agency cannot prosecute any criminal case in the absence of a “lawfully appointed” attorney general.

Arriola said the position of attorney general has been “legally vacant” since Gov. Pedro P. Tenorio withdrew his appointment of Maya Kara following the Senate’s rejection of her nomination.

“Despite the governor’s withdrawal of Ms. Kara’s nomination, however, Ms. Kara never ceased acting as the attorney general,” said Arriola, who serves as the Senate legal counsel.

Arriola cited a statute which provides that “if the appointment is not confirmed by the Senate within 90 days from the date the person was temporarily appointed, the appointment shall automatically terminate, the position shall become vacant, and the person nominated shall not be renominated.”

Kara’s “intermittent designation as the acting attorney general not only circumvent but clearly violated Article III Sec. 13 of the Commonwealth Constitution and the 90-day termination rule under the CNMI Code,” Arriola said.

Kara was appointed by the governor on July 2, 1998 and assumed the office in an acting capacity four days later.

Kara’s appointment in “acting capacity” should have expired on Oct. 22, 1998, Arriola said.

“In essence,” Arriola added, “what the CNMI has is a de facto attorney general usurping the powers reserved for a lawfully appointed attorney general.”

The CNMI has been without a permanent attorney general since Richard Weil’s resignation in 1995.

All other attorneys subsequently named to that position served in acting capacity.

After Weil’s resignation, then Gov. Froilan C. Tenorio appointed Sebastian Aloot, who was later replaced by Robert Dunlap.

When Dunlap left the AG’s office to pursue private practice, he was succeeded by Loren Sutton.

Sutton resigned early last year to become the legal counsel for Tinian Mayor’s Office.

Sally Pfund was temporarily named as Sutton’s replacement, before the incumbent governor nominated Kara.

“The CNMI does not have a lawfully appointed attorney to prosecute violations of Commonwealth law,” Arriola said.

The illegal gambling against Arriola’s clients was filed by Assistant Atty. General Marvin Williams.

Arriola noted that the information filed by Williams “did not state who the attorney or acting attorney general was.”

Charged at the Superior Court were Cheung Ping Yin, Pierre Lam, Qi Ling Dong, Wu Quian, Juan Aquino, Zhi Yi Zhang, Xian Zhong Wu, Zheng Wen Hu and Zhen Shu Zheng.

They were charged based on the government’s anti-gambling raid on the former Abracadabra Shop last July 3. (MCM)