AGO admits mistakes were made

The lawsuit filed by Rep. Stanley T. Torres against Gov. Benigno R. Fitial may likely end up in a settlement after the Attorney General’s Office admitted Thursday that there were mistakes on the part of the administration.

Assistant attorney general Anthony Welch told the Superior Court that there were some mistakes in the process. He did not elaborate.

Thurday’s proceeding was supposedly an evidentiary hearing, but Welch, on behalf of Fitial, asked for a continuance, citing that they came up with some documents yesterday that they had not given Torres previously.

The government lawyer also indicated that he needs to interview some lawmakers, whom he believes are willing to testify in court.

After hearing the government’s side, associate judge Kenneth Govendo stated: “This sounds to be settled. The government admitted a mistake.”

Govendo also said that the governor cannot act as a super legislator and that it is also elementary that the Legislature makes the law.

The judge agreed with Torres’ counsel, Stephanie Flores, that there should be no further discovery to be held in the case.

Govendo noted that the case was originally handled by assistant attorney general Gregory Baka, who was then caught up in a criminal trial.

“He [Baka] didn’t offer any arguments at all,” Govendo said.

Govendo said there will be no further discovery as three months ago he signed the order setting the evidentiary hearing supposedly for yesterday.

The judge encouraged the parties to sit down for a possible settlement.

Govendo re-set the evidentiary hearing to Feb. 6, 2007, at 9am, but he told the parties to inform him prior to that date if they resolve the matter or reach a stipulation.

In an interview with Saipan Tribune after the hearing, Torres said he is happy that the government lawyer already admitted that there were mistakes made.

“They [mistakes] should not have been happened in the first place,” Torres said.

Welch refused to comment.

Flores said the judge has asked her and Welch to get together and try to resolve the remaining issues as much as possible.

“Mr. Welch made a very interesting concession that there were some mistakes that were made,” Flores pointed out.

“So we’re very encouraged by that. Hopefully we can come up with some kind of a resolution so that we don’t have the same problem in the future,” she said.

Flores said Welch did not specify the mistakes that were made, that’s why they need to sit down and talk to come up with some kind of guidelines.

“The law is pretty clear on how it supposed to happen. So I am not really sure how much we really need to do except maybe put some procedures in place,” she said.

Flores said the issues remaining in the complaint are whether or not Fitial followed the correct law in reprogramming the funds; whether or not the emergency declaration was properly executed; and whether or not it has been extended, when it was in place and when it expired.

On the possible settlement issue, Flores said they are willing to reach a settlement if the government is really interested.

“It’s never been about money. It’s never been about returning money back. It’s always been more about the principle of following the law and doing it the right way,” she stressed.

Flores said they understand that the government is in a very tight financial situation and Rep. Torres understands that as well.

“What he [Torres] is after is, ‘Okay you can reprogram funds, you can do it as the law allows you to do it. But you’ve got to do it the right way, you just can’t take money.’ It is more on the procedure and respecting the form of government that we have,” she added.

Torres filed the lawsuit in March 2006. He stated two causes of action: Authority of Fitial to reduce the quarterly allotment of members of the House and violation of separation of powers.

Fitial filed a motion to dismiss the second cause of action. Torres did not object.

The remaining issue left for declaratory relief is the authority of the governor to reduce quarterly allotments for members of the House.

In a written order issued last September, Govendo said it is too early for him to declare if any of Fitial’s actions that were questioned by Torres are in violation of the CNMI Constitution or statutory laws.

The judge said it is also not ripe to stop the Executive Branch from reducing the Legislature’s quarterly allotments.

“The court will be better equipped to rule on the issues raised by [Torres] after an evidentiary hearing, wherein both parties may present evidence of law and facts,” said Govendo.