Court asked to dismiss Sablan’s lawsuit

The Fitial administration has asked the CNMI Superior Court to dismiss Rep. Tina Sablan’s lawsuit that seeks to compel it to disclose where it is getting the money to finance its anti-federalization lawsuit.

Gov. Benigno R. Fitial, acting Attorney General Gregory Baka, and Finance Secretary Eloy S. Inos, through assistant attorney general Braddock Huesman, noted several problems with Sablan’s lawsuit.

Huesman cited that some of the relief requested by Sablan’s petition is not available under the statute and is therefore improper.

Huesman said Baka, as demonstrated in the congresswoman’s pleading in court, never received any Open Government Act request.

“As nothing was requested of him, it is improper to name him [Baka] as a defendant,” the lawyer said.

Moreover, nothing in Sablan’s complaint and none of her attachments in the lawsuit indicate that Baka did anything other than offer advice to a client, Huesman argued.

Sablan had filed the lawsuit to force the administration to disclose its funding sources for its lawsuit against the federal government, where it seeks to stop the federal takeover of the Commonwealth’s immigration system.

She 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.

Sablan asserted that the refusal of the defendants to disclose records identifying funding sources and contracts connected to the lawsuit that has been filed on behalf of the CNMI people is a violation of the Open Government Act.

In their motion to dismiss, Huesman said Baka could not have violated the OGA as no request was made of him.

Huesman said Sablan sent two letters, one to Fitial and one to Inos.

“No other requests, according to the face of the complaint and its exhibits, were ever made,” the lawyer said.

As no request was made of Baka, Huesman said, it is impossible to hold him responsible for not complying with the OGA.

The government lawyer said there is only one factual allegation against Baka, that he wrote a letter refusing Sablan’s OGA request made to Fitial.

Huesman said the sole basis for Sablan’s claims against Baka, therefore, must be in his capacity as attorney and provider of legal advice.

“It is improper to maintain a suit against an attorney for giving legal advice (outside of the obvious malpractice suit),” he said.

Huesman branded as an “improper request” Sablan’s prayer to hold Fitial, Baka, and Inos personally liable for all costs awarded to her in connection with her lawsuit, in addition to any civil penalties deemed reasonable by the court.

He said the individual defendants are not personally liable for any alleged violations of the OGA as it pertains to document requests.

Huesman also asserted that to the extent required, defendants are entitled to qualified immunity from the lawsuit.

He said qualified immunity is available to officials “who err in their duties so long as the mistake is one that a ‘reasonable’ officer could have made.”

Sablan has yet to file her response to the motion to dismiss.

Associate Judge David A. Wiseman set the hearing for the motion on March 26 at 1:30pm.