Judiciary asks for protective order vs rape suspect

The CNMI Judiciary has asked the Superior Court to issue a protective order against a subpoena served by a man accused of rape that essentially demands the production of sensitive Judiciary records.

Last week, William Abraczinskas, Associate Judge Kenneth Govendo’s law clerk who is facing rape allegations, issued a subpoena against the CNMI Judiciary’s Human Resource office, seeking the production of material related to his own sexual assault complaints.

Hyun Jae Lee, on behalf of the CNMI Judiciary, recently filed a motion asking to quash the subpoena and requests for a protective order preventing the disclosure of these Judiciary records.

In her motion, Lee said the Judiciary has standing to challenge the subpoena because the documents, objects, and information sought by the defendant are government property, some of which may be privileged or protected from discovery, including confidential records pertaining to personnel, information protected by attorney-client privilege, personally identifiable information, and information related to court administration.

Lee also argues that the subpoena is procedurally defective, and that it should be quashed because the Judiciary was not given reasonable time to comply.

The Judiciary’s Human Resource office was first served with a subpoena on Aug. 2, and with an amended subpoena on Aug. 3 directing that the document be produced by Aug. 4.

“Such short notice and deadline present an unreasonable and unfeasible time for compliance. Because the timeline to comply is unreasonable and oppressive, the subpoena must be quashed,” Lee said.

Citing previous rulings, she said, “The materials requested in the subpoena are not specific and irrelevant to the moving party’s criminal case. Also, the materials are not admissible.”

“The subpoena application was intended as a general fishing expedition. If the court is not inclined to grant the request, the Judiciary moves this court to modify the subpoena so that privileged, protected, and irrelevant information and materials are not subject to the subpoena,” Lee said.

Associate Judge Joseph N. Camacho set a hearing on the Judiciary’s motion to quash the subpoena for Aug. 25, 2023.

Abraczinskas, through Chief Public Defender Douglas Hartig, has subpoenaed the Superior Court’s Human Resource Office for documentation, reports and interviews related to his claims of sexual assault and the allegation that he sexually assaulted a co-worker.

He has also sought a stay on court proceedings pending a Supreme Court ruling on his petition to disqualify all sitting Superior court judges from hearing his case.