‘Hold Dela Cruz liable for $28K’

Tinian and Aguiguan mayor-elect Joey Patrick San Nicolas has asked the Superior Court to hold the islands’ outgoing mayor, Ramon M. Dela Cruz, liable to pay him $26,019 in attorneys’ fees and $2,203.25 in costs in connection with Dela Cruz’s failed election challenge.

In a motion for judgment for attorneys’ fees and costs, San Nicolas, through counsel Viola Alepuyo, asserts that his requested amounts are reasonable due to the nature of this case and the expedited deadlines.

Alepuyo cited that CNMI law clearly provides for costs and reasonable attorneys’ fees in situations like this.

Alepuyo cited an election contests code that states that “if the proceedings under this section are dismissed for insufficient evidence or for want of prosecution, or the election is confirmed by the court, judgment shall be rendered against the contestant, for costs and reasonable attorneys’ fees, in favor of the defendant.”

Alepuyo said that based on that code, to prevail on his motion for attorneys’ fees and costs, San Nicolas must satisfy the court that the proceedings were dismissed for insufficient evidence, want of prosecution or that the election was confirmed by the court.

“If mayor-elect San Nicolas proves that one of these events occurred, then the plain meaning of the statute provides that the court shall render judgment against the contestant for costs and reasonable attorneys’ fees,” the lawyer said.

Alepuyo said a review of the court’s orders reveals that San Nicolas is entitled to fees and costs as Superior Court Presiding Judge Robert C. Naraja dismissed the proceedings for insufficient evidence and that the judge confirmed the election result.

Naraja confirmed the election result in his order on Dec. 12, 2014.

Alepuyo also cited that Naraja’s Dec. 11, 2014, order granting San Nicolas’ and the Commonwealth Election Commission’s motions to dismiss Dela Cruz’s lawsuit also supports a judgment against the incumbent mayor for attorneys’ fees and costs.

Alepuyo said Dela Cruz’s complaint made allegations of “several irregularities” in the election. However, she pointed out, during the course of the recount, all of those allegations were proven false.

“In other words, there was insufficient evidence to support his allegations,” the lawyer said.

Alepuyo said Naraja’s Dec. 11 order dismissed Dela Cruz’s complaint because it contained insufficient evidence to support a finding of actual prejudice.

“All that is required under the statute for an award of fees and costs is a dismissal for insufficient evidence,” said Alepuyo, concluding that under the plain language of the statute, San Nicolas is entitled to fees and costs.

In her declaration in support of the motion for judgment, Alepuyo said that based on their hourly rate at $210 and work performed, her attorney’s fee in this matter is $16,390.50, while her co-counsels Matthew T. Gregory’s fee is $8,998.50 and Braddock Huesman’s is $630.

Alepuyo said the total costs incurred is $2,203.25, which includes Gregory’s $424.50.

The Commonwealth Election Commission also reportedly incurred $11,995 in expenses for the two-day recount and accounting of votes in connection with Dela Cruz’s election challenge over the victory of San Nicolas in the Tinian mayoral race.

As of yesterday, CEC has yet to file its request for costs.

In his lawsuit, Dela Cruz alleged several irregularities during the Nov. 4 election, including a discrepancy between the votes cast for Tinian mayor tabulated on Tinian and the tabulation on Saipan of the votes physically cast on Tinian for Tinian mayor. He also alleged that seven votes were cast by voters serving sentences for felonies.

At a court-ordered recount last Dec. 1, Dela Cruz garnered 696 votes, San Nicolas got 705, while David Cing obtained 47.

During the first counting of votes, San Nicolas of the Republican Party won by seven votes, 703-696, over independent Dela Cruz.

Last Dec. 11, Naraja dismissed Dela Cruz’s lawsuit.