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Supreme Court rejects disqualification motion
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Posted on Apr 27 1999
The Supreme Court rejected the motion filed by the Bank of Saipan to disqualify Associate Justice Pro Tem Alberto C. Lamorena III from the on-going writ proceedings of the Hillblom estate.
The executor of Estate of Larry Hillblom filed the motion on grounds of prejudice as provided by the Commonwealth Law which asks judges to disqualify themselves from court proceedings if impartiality may be questioned.
Its motion pointed out that Lamorena was a member of the Supreme Court panel in the original case. His participation in the guardianship proceedings held on Guam precludes his involvement in the CNMI’s Supreme Court.
According to the Supreme Court, the allegation raised by the executor is general and conclusive. It was not also specifically supported.
To recuse Lamorena from the case and the entry of a new judge will only result in a delay. The new member will need to familiarize himself or herself with the complex issues involved.
The higher court assured the executor that Lamorena will not be the author of the decision for the on-going case.
“Any interest he may have in the outcome of the writ is not direct, personal and substantial,” the court said. (S. Amor)
