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Lawyer says PL 11-105 unconstitutional
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Posted on Apr 11 2000
A law allowing the CNMI judiciary to take the interests on the trust entrusted to the court and deposited in the bank is unconstitutional as it violates federally-guaranteed rights, according to a lawyer suing the CNMI government to repeal the measure.
James E. Hollman, in his capacity as guardian to Vo Minh Tan, one of the beneficiaries of the Hillblom Estate, has asked the U.S. District Court to declare Public Law 11-105 unconstitutional as he cited cases in the mainland supporting such a claim.
In court papers submitted by his attorney, Bruce L. Jorgensen, the plaintiff criticized an earlier order issued by CNMI Superior Court Judge Pro-Tem Alex Castro that asked him to defend claim on the interests accrued from the Hillblom account.
Mr. Hollman had asked the 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 that 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.
As a result of PL 11-105, the court had notified the general public of its intention to transfer of the money to the Superior Court’s accounts and to claim the interests for the administration of the trusts.
