$12.4-M LAWSUIT Court orders gov’t to explain refusal to represent Lang

The Superior Court yesterday summoned the CNMI government, the Attorney General’s Office and acting AG Maya B. Kara to respond to a complaint filed by former Gov. Froilan C. Tenorio over their refusal to pay for his appeal against a $12.4 million award in favor of a taxpayers’ lawsuit.

Mr. Tenorio claimed in the complaint that the government must shoulder the costs, expenses and attorney’s fees incurred from his legal defense against the suit lodged more than five years ago by lawyer Jean Rayphand on behalf of CNMI taxpayers.

In an injunction filed by his lawyer, Timothy H. Skinner, the ex-governor asked the court to require and permanently mandate the government to pay all legal expenses arising from the case since AGO has abandoned its representation of Mr. Tenorio.

The complaint also seeks a court ruling to award the plaintiff the costs, expenses and attorney’s fees and other relief incurred in this matter as well as to designate Mr. Skinner as private legal counsel to the former governor.

It cited as reasons for its motion the AG’s refusal to continue defending Mr. Tenorio in his appeal against the initial court ruling as provided under the Public Employee Legal Defense and Indemnification Act of 1986 as well as his entitlement to have a private lawyer to defend him paid by the government.

Ms. Kara, the AGO and the government — the defendants in the injunction — were given within 20 days to answer the complaint or else face the risk of judgment by default, according to the summons issued immediately by the clerk of court.

The case stemmed from a court decision in favor of the 1994 taxpayers’ lawsuit accusing Mr. Tenorio of misspending public funds during the first year of his four-year term.

He is contesting the 1997 ruling handed down by Special Judge Benjamin J.F. Cruz of Guam, holding him liable for the penalty, attorney’s fees and other charges amounting to $12.4 million which must be paid to the CNMI people.

According to his complaint, he can no longer risk having the AGO as his counsel in the litigation since it had abandoned him and had refused to respond to the application for attorney’s fees demanded by Ms. Rayphand.

“There is now existing between the parties involved in this proceeding an actual, justiciable controversy in which Mr. Tenorio is entitled to have a declaration of his rights and further relief, including a mandatory injunction,” it said.

“Specifically, defendants knowingly acted and continue to act to deny Mr. Tenorio and unreasonably withholding acceptance of [Mr. Skinner’s law offices] as an appropriate attorney for… the defense for purposes of payment,” it added.

The former governor, who lost his reelection bid in 1997, met last October with Gov. Pedro P. Tenorio and government lawyers to seek assistance for his legal defense, but the present administration turned him down as they claimed that he is no longer covered by the indemnification act.

But Mr. Tenorio argued the AGO had told the court during the early proceedings that he was acting upon the advice of government lawyers when he appropriated public funds without legislative approval.

Judge Cruz agreed last November to defer hearing the appeal pending Mr. Tenorio’s search for a new counsel. He is expected to consider soon the different motions filed by two parties in the past few weeks.