Mitchell defies high court

A declaration submitted to the Supreme Court by Joanne T. Guerrero, claims manager of Pacifica Insurance Underwriters, Inc. and general agent for Tokio Marine & Fire Insurance Co. Ltd., showed that suspended lawyer Theodore R. Mitchell is still practicing law despite an earlier order by the high tribunal prohibiting him from doing so.

Court records show that Mr. Mitchell is representing husband and wife Joaquin and Magdalena Deleon Guerrero and their son Marvin in connection with an insurance claim.

The Guerreros’ vehicle was hit by a 1993 Nissan Bus owned by Saipan Sanko Transportation Inc., which is insured by Tokio Marine.

Mr. Mitchell faxed a letter to the company last Oct. 12, 2000 informing the firm of the damages caused by the insured vehicle to the car of the Guerreros. “I have instructions from our clients to attempt to settle their claims before filing litigation,” he said.

According to Mr. Mitchell, he is still free to continue taking new clients, advising old clients and working in his law office as long as he does not appear in any Commonwealth court personally or by filing papers.

He claims that the plain language of the court’s order issued on Aug. 1 states that “Attorney Theodore R. Mitchell shall be and is hereby suspended from the practice of law in the courts of the Commonwealth of the Northern Mariana Islands.”

Said Mr. Mitchell: “The plain and simple meaning of that plain and unambiguous language is that Mitchell is prohibited from appearing in the courts of the Commonwealth of the Northern Mariana Islands. That language prohibits Mitchell from making any actual physical appearance as an attorney on behalf of a client in the Commonwealth courts. It means that Mitchell cannot file any pleadings on behalf of a client in the Commonwealth courts.”

Mr. Mitchell argued that the language used did not simply state that he was suspended from the practice of law in the Commonwealth of the Northern Mariana islands.

“If the court had wanted to suspend Mitchell entirely form any and all law practice in the Commonwealth, it could have easily said that,” he added.

According to Mr. Mitchell, it would be entirely unreasonable to assume that the court would take such an extreme and inhuman action to deprive him of his entire livelihood since he has a family with six minor children to support.

The high court had ordered the suspension of Mr. Mitchell for disobeying an earlier order in connection with a civil case filed by golfer Juan San Nicolas against the owners of LauLau golf course. (LFR)