Fitial, co-defendants directed to file briefings

Superior Court Associate Judge David A. Wiseman has ordered Gov. Benigno R. Fitial and his co-defendants in the case filed by Rep. Tina Sablan to submit their arguments by March 20.

At the status conference yesterday, Wiseman set the hearing for March 26 on whatever briefings the defendants will file.

“The filings should be complete by the 20th of March,” he said.

Assistant attorney general Braddock Huesman appeared for Fitial and his co-defendants, Finance Secretary Eloy Inos, and acting Attorney General Gregory Baka.

The defendants did not appear in court. Rep. Sablan came without a lawyer.

Except for Rep. Ed Salas, no other lawmakers were present in the courtroom.

Wiseman reminded Sablan that a similar Open Government Act lawsuit was filed by her colleague, Rep. Stanley Torres, and that the House’s counsel provided assistance.

Huesman said he is happy to file briefs as well as a motion to dismiss the petition.

Huesman told the media after the hearing that it’s an Open Government Act Request, which is a writ of mandamus or a request for an order to compel the government to do something. He said it is also a lawsuit requesting for damages.

“Before we can proceed to the writ of mandamus we have to determine whether the parties are all proper and that’s what we are going to do in two weeks,” the government lawyer said.

With respect to his plan to file a motion to dismiss, Huesman said even if everything the plaintiff says is true, “there isn’t a cause of action against the defendants.”

In an interview, Sablan said the next hearing will just address the technicalities that the defendants would like to raise.

On the issue that she has no counsel, the lawmaker said at this point she believes the information she has been requesting should be open to any citizens.

“The Open Government Act designs that citizens may do so without the assistance of a legal counsel. Unless unexpected complications arise that would really be beyond the scope of any ordinary citizen seeking information, then I would consider getting additional help from counsel,” Sablan said.

“What I am looking for is what hasn’t been opened to the public yet. And that is where the money is coming from, exactly which agency, what public funds were reprogrammed in order to finance this lawsuit. I’d like to see the contracts that we signed with outside legal counsel to pursue this litigation. I want to see how much has been paid to date. I don’t think any of those records would compromise the CNMI’s standing in this litigation,” she said.

Sablan said she is very happy that Wiseman responded quickly to her lawsuit.

Sablan filed the lawsuit last Friday to compel the administration to disclose where it is getting the money to fund the lawsuit against federalization.

The congresswoman asked the court to issue an order mandating Fitial, Inos, and Baka to fulfill their obligations under CNMI law by making available the requested materials within 48 hours of the court’s decision.