CNMI govt pays $101,638 to Radich’s two lawyers
The CNMI government has already paid $101,638 to U.S. Navy veteran David J. Radich and his wife, Li-Rong, to pay for their two lawyers’ fees and expenses for prevailing in a lawsuit that challenged the constitutionality of the CNMI gun control law.
Daniel Guidotti, one of the two lawyers for the Radich couple, filed on Friday before the U.S. District Court for the NMI a notice of the CNMI government’s payment.
Guidotti said their law office, Marianas Pacific Law, received from the CNMI government a check in the amount of $101,638.
Guidotti said this payment is the entire amount due pursuant to the court’s fee order.
Last Sept. 20, U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted the request of the Radich couple for payment to their two lawyers of attorney’s fees and expenses.
Manglona awarded the Radich couple a total of $101,638.62 in attorney’s fees and court costs, instead of the requested $103,913.83.
Manglona awarded the couple attorney’s fees in the amount of $78,375 for attorney David G. Sigale’s work and $15,120 for Daniel T. Guidotti’s work, for a total of $93,495. The judge also awarded costs in the amount of $8,143.62.
The Radiches’ request is for $80,325 in attorney’s fees for Sigale and $15,347.50 for Guidotti, and $8,241.33 in costs.
Manglona said Police Commissioner Robert Guerrero and Finance Secretary Larrisa Larson shall pay the fees and costs awarded in this case within 30 days.
Manglona said it is undisputed that the Radiches are the prevailing party in this case.
To encourage private citizens to bring actions for injunctive relief that advance the public interest in vindicating civil rights, “the prevailing plaintiff should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.”
Manglona ruled that the handgun and handgun ammunition and their import ban contained in the provisions of the CNMI Weapons Control Act are unconstitutional and in violation of the Covenant that incorporated the Second Amendment to the U.S. Constitution.
The Radich couple sued then-DPS commissioner James C. Deleon Guerrero and Larson. The couple challenged the constitutionality of the CNMI Weapons Control Act that prohibits residents from obtaining handguns for self-defense purposes.
AGAIN this Govt. (AG) exhausts limited resources to defend a local law that from the get go was known this govt. would lose when it was challenging the US Constitution as similar past cases had shown and has already sent precedence.
Again this Govt. never learns.
At the time it was also stated by many including lawyers the outcome of this case.
So why/how does the police Comm. get involved with paying out this award which is from the central Govt. account, or is it? Where is the payout from?
Buenas captain,
“Again this Govt. never learns.”
The motto at the CNMI Legislature is to legislate bills even if it against the United States Constitution. CNMI Senate Bill 12-16 (CNMI Public Law 12-18) was a prime example of such mentality, because the the Twelve CNMI legislature ignored that lengthy residency requirement was unconstitutional based on the United States Supreme Court decision or precedent (Dunn v. Blumstein, March 21, 1972). Such bill was legislate to prevent newly arrived United States Citizens from voting in the CNMI at that point in time and in the future.
CNMI Public Law 12-18 is ripe to be routed through the Federal Court and more limited resources of the CNMI would be flush down the toilet.
Si Yu’us Ma’ase
When the current members of the Legislachi are labeled as political junkies, the ability to learn many important issues affecting the local constituents are slimmed to none. Don’t heighten your expectation, you will be demoralized if you try.
We can only take so much, but there would be a time that something has to be done. Rise up to the occasion and join them to put a stop to their games.
Can you re-phrase your point clearer, I am having a hard time trying to understand your thought on the subject issue. Sorry…
You and I needs to step up to the plate and run for public office to put a stop to their corrupted behaviors or scams for the betterment of our society.
The AG didn’t blink an eye paying over $100k to Radich’s lawyers but, he raised hell paying $1k to Murphy’s request for expense reimbursement for an exact similar case. What a crock of broken pots, who is watching the flood gate? I hope it is not someone often seen talking to himself.
No system is perfect on our earthly world.