Malite lawyers call for dismissal of AGO suit

The lawyers of the Maliti estate reiterated their call for the dismissal of a lawsuit filed by the Attorney General’s Office regarding a $3.45-million land compensation payment, as they accused attorney general Pamela S. Brown of flip-flopping on her opinion regarding the legality of the CNMI’s law on the nomination and confirmation of appointment of government officials.

Former Justice Pedro M. Atalig and his partner Antonio Atalig said the court should dismiss the complaint, as Brown is not a duly and constitutionally appointed and confirmed attorney general.

Further, the lawyers said Brown is not deserving of the position of attorney general because she flip-flops on her opinions.

They noted that then Senate legal counsel, Brown issued an April 27, 1992 opinion that the confirmation law—which she now maintains is unconstitutional—was proper.

“Now, because the law is against her, like a chameleon, she changes her colors, which is very dangerous [for an] attorney general,” the lawyers said.

In their reply to Brown’s opposition to the defendant’s motion to dismiss the complaint, the lawyers noted that Brown maintains that the confirmation statute is unconstitutional because it sets a 90-day deadline for the Legislature to act on a nomination and because it precludes the governor from nominating the same person to a position.

She also maintains that the issues regarding her confirmation are a “non-justiciable political questions” and a matter better left to the Executive and Legislative branches to resolve, they said.

Gov. Juan N. Babauta appointed Brown on June 16, 2003 and sent the nomination to the Senate on the same day. The Senate, however, failed to act on her nomination within the 90-day period, which expired on Sept. 14, 2003.

On Sept. 17, 2003, the Senate by a majority vote rejected her nomination. Two months later, the Senate made another vote confirming her nomination.

“Brown now chooses the Senate action she likes and asks the court not to go behind her confirmation. Without court guidance, we do not know if she is a legitimate attorney general or a usurper of the power of the attorney general. If the court does not act, the court would condone Brown’s action in crowning herself as attorney general,” the lawyers said.

Brown filed the lawsuit to stop the Marianas Public Lands Authority and the Commonwealth Development Authority from disbursing $3.4 million in land compensation to the Malite family.

Named as defendants were the MPLA board of directors, MPLA commissioner Edward Deleon Guerrero, CDA, and Malite estate administrator Jesus Tudela.