Kara mum, Arriola ecstatic over ruling

The victorious hailed the decision of the court against the authority of acting Attorney General Maya B. Kara, while the embattled chief government lawyer kept silent.

A visibly forlorn Ms. Kara declined to give official statement on the court ruling when sought by reporters after attending the CNMI Bar Association meeting at the Hyatt Regency yesterday.

She only said that she had not seen the decision and that she would meet with Gov. Pedro P. Tenorio to discuss the issue. She did not elaborate.

There was also no immediate reaction from the governor, although he has repeatedly said that he is set to name a permanent Attorney General by this week to replace Ms. Kara who was never confirmed by the Senate.

But the lawyer for the plaintiffs led by former Senate President Juan Demapan, ecstatic over what he described as “major victory” so far in his brief legal career, underscored the need to seek a new nominee to the AG post.

“I have said all along that she was assuming the position unconstitutionally and I think it’s about time that the governor takes action. It’s been two years [which is] half of his four-year term,” Attorney Joey A. Arriola said in an interview after the Bar Association’s meeting.

Because of the decision, he said he will act quickly to have the illegal gambling case filed against his clients by the CNMI government dismissed.

“Any criminal action filed against my client becomes invalid and unconstitutional and should be dismissed. I expect that,” said Mr. Arriola, citing the numerous motions for dismissal he filed with the court last year.

The court decision was also welcomed by Senate Floor Leader Pete P. Reyes who has been very vocal about his displeasure over Ms. Kara’s appointment.

While the Senate has repeatedly asked for her ouster, he said the governor had relied greatly on the advice by his appointee to circumvent the Constitution and keep her in the post for the last 18 months.

“The Senate has always maintained that a nomination for the Attorney General should be sent to us for confirmation. Had the governor followed our advice, it would have cut short all the efforts and time spent arguing on this issue,” said Mr. Reyes. “It would have avoided a lot of the friction between the Senate and the governor.”

Mr. Tenorio has tangled several times in the past over Ms. Kara’s re-appointment despite rejection by the senators. He withdrew her nomination in September 1998 in the face of clear Senate rejection.

Although the upper house had hoped to bring the issue to the court whether Ms. Kara is legally holding the critical post, it was only this privately-initiated case that became fruitful.

“It’s good,” explained Mr. Arriola, who is also a Senate legal counsel under an independent contract. “Sometimes it takes someone else to initiate action. I am pleased that I started this and I continued.”