Brown is still NMI’s attorney general

Attorney general Pamela Brown remains at her post and there is no court ruling yet on the issue of her legitimacy.

Rumors circulated around the island yesterday that the Superior Court had reached a determination on the issue, following an earlier ruling by presiding judge Robert Naraja in a criminal case against one Joaquin Peredo.

In that ruling, Naraja denied the Public Defender’s Office request to dismiss the case on the ground that Brown, on whose authority the case was being brought to court, is occupying her post unlawfully. Naraja said that the AG’s office could prosecute criminal cases, ruling that the issue on Brown’s legitimacy was irrelevant to the case.

Brown personally went to the Superior Court yesterday and, in a brief interview, said she is not aware of any court ruling that dealt with the issue on her legitimacy as attorney general.

Associate judge Juan T. Lizama, who is presiding over the Malite case in which Brown’s legitimacy is also being assailed, confirmed that he has issued no ruling yet in the request to dismiss the Malite case.

Defendants in that case—including the Marianas Public Lands Authority, its board and commissioner Edward DeLeon Guerrero, and estate administrator Jesus Tudela—have asked the court to dismiss the case on the ground that Brown is occupying the attorney general post unlawfully.

What Lizama ruled on is whether or not a document submitted by Brown’s attorneys last Friday would be stricken out from the record. Lizama effectively accepted Brown’s pleading by denying the request to have it stricken out, although its filing did not comply with procedural rules.

“The plaintiff [Brown] argued that it [pleading] provided valuable evidence and argument on an important issue in the case and asked the court to accept and consider the pleading. The court has since reviewed the [pleading] and concluded that it will be useful to the court,” the judge ruled.

In that pleading, assistant attorney general James Livingstone contended that Brown was not temporarily appointed as attorney general and never held the post in an acting capacity even after the governor nominated her to the position on June 16, 2003.

Livingstone explained that the 90-day timeframe within which to confirm Brown’s nomination did not begin right after the governor made the nomination. He said that the Senate was in recess at the time the nomination was made.

He said that the first regular session by the Senate following Brown’s nomination was on Aug. 27, 2003. He said the 90-day clock only began at that time, explaining that Brown was confirmed 82 days thereafter on Nov. 17, 2003.

Another case that involves the issue of Brown’s legitimacy is one filed by former Senate president Juan S. Demapan against her. Associate judge Ramona Manglona has recused herself from hearing the case.