Previous Story
‘Lawyers not covered by Gov’t Ethics Code’ By MAR-VIC CAGURANGAN
|
Posted on Nov 01 1999
Practicing lawyers are not covered by the CNMI Government Ethics Code which prohibits government employees from representing private individuals contesting a government entity in a court case, attorney Joseph Arriola said Friday.
Arriola presented this argument in opposing the Attorney General’s Office’s motion for his disqualification from criminal and civil cases, which both involved the same gambling issue. (See related story)
Arriola is a member of the Board of Parole, and legal counsel for the Senate.
He is representing businessman Cheung Ying Pin, an associate and co-plaintiff of former Senate President Juan S. Demapan, in a $3 million lawsuit against the government in connection with AGO’s Sept. 3 anti-gambling raid.
Arriola also represents nine defendants, who were charged by AGO for alleged illegal gambling.
Arriola argued that if the ethics code would apply to private practicing lawyers, it would have a “chilling effect” on “statutory requirements for various appointed public positions including the various CNMI boards.”
He mentioned several government boards and commissions that require the appointment of lawyer-members. These agencies include the Law Review Commission, the Board of Parole, and the Advisory Commission of Judiciary, which have members who are currently practicing private law.
“It is apparent that the legislature did not contemplate nor did it intend to apply the Government Ethics Code to practicing attorneys fulfilling statutorily required appointed positions,” Arriola said.
“To impose a blanket applications would certainly defeat the purposes of the statutorily required appointed positions and would especially limit this court’s power to appoint attorneys in criminal and paternity cases,” he added.
