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Lawyer of Hillblom beneficiary wants court to declare law unconstitutional
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Posted on Mar 28 2000
Lawyer James E. Hollman has asked the U.S. District Court to declare Public Law 11-105 unconstitutional since it has authorized the CNMI Judiciary to take without due process of law the interest generated from money deposited in banks which it has held in trust for minor children.
In his capacity as guardian of Vo Minh Tan, one of the beneficiaries of the Hillblom Estate, Mr. Hollman has asked the CNMI Superior Court to immediately pay all interest accrued on some $833,334 deposited by the Judiciary deprived on his ward.
During the pendency of the Hillblom probate proceeding in the Superior Court, a substantial amount was deposited in banks under “trust” accounts supervised by the CNMI Judiciary. This earned interest at a rate of $4,700 a day.
He said the CNMI Judiciary, however, in apparent disregard of the fiduciary duties to minor children, notified the general public about its intention to transfer to the Superior Court’s account established by the Presiding Judge in accordance with Public Law 11-105.
Mr. Hollman, in performing his fiduciary duties to his ward, has raised objections in a letter written to the Superior Court.
Unfortunately, during the March 23, 2000 hearing, Superior Court Judge Pro Tem Alexandro Castro did not address the issue on the validity of Public Law 11-105.
Instead, he ordered Hillblom Special Administrator Diego Mendiola to investigate the plaintiff’s lawyer, Bruce Jorgensen, whether or not he has engaged in the illegal practice of law.
