Bid to dismiss Hunter’s lawsuit placed under advisement

Superior Court Associate Judge David A. Wiseman placed under advisement yesterday a motion to dismiss Glen Hunter’s lawsuit against Gov. Eloy S. Inos and several lawmakers for allegedly violating the Open Government Act in passing the casino law.

The Office of the Attorney General filed the motion as counsel for Gov. Eloy S. Inos, the Lottery Commission, and the CNMI government.

Senate President Ralph Torres, House Speaker Joseph P. Deleon Guerrero, and Reps. Rafael S. Demapan and Felicidad T. Ogumoro also asked for the lawsuit’s dismissal.

Senate legal counsels Jose A. Bermudes and Antonette R. Villagomez represented Torres. House counsels John Cool and Joseph Taijeron served as counsels for Deleon Guerrero, Demapan, and Ogumoro.

Hunter is suing the government, Inos, the Lottery Commission, Torres, Deleon Guerrero, Demapan, and Ogumoro.

Assistant attorney general Reena Patel argued that the OGA does not apply to the Legislature because voter initiatives are subject to constitutional scrutiny.

Each legislature has the constitutional power to adopt its own rules and regulations for procedure, so the OGA is invalid since it conflicts with the Constitution, said Patel as counsel for the CNMI government, Lottery Commission and Inos.

Bermudes and Villagomez asserted that the Senate complied with the OGA, which clearly authorizes a governing body to change or amend its agenda.

Bermudez and Villagomez said the Senate enacted House Bills 18-179 and 18-182 in compliance with the OGA.

Cool argued that all of the acts the defendants allegedly committed were legislative in nature and in furtherance of legislative functions. As such, Cool said, each one of the defendants is entitled to legislative immunity.

Attorney Jennifer Dockter, counsel for Hunter, told Saipan Tribune after the hearing it is very clear in the Constitution that legislative meetings are for the people as they are public meetings.

“The people worked very hard to get the Open Government Act and achieved that goal,” Dockter said.

Unfortunately, Dockter said, the governor, the attorney general, and lawmakers are now arguing it’s somehow unconstitutional to require them to give the public notice.

“It’s quite tragic,” she said.

Dockter said there might be this perception that it’s this case’s fault that the retirees are not getting their money.

“And what I want to say is that this case is not about casino is yes or casino is no. This case is not about retirees. This case is not about money. This case is about transparency, it’s about public participation. It’s about integrity in our legislative process,” Dockter said.

Patel said that Inos, the government, and the Lottery Commission are not responsible for giving notice about legislative meetings.

Patel said the Legislature has a constitutional right to set forth its own rules and procedures “so we’re saying we’re asking the court to protect that constitutional provision.”