‘OAG petition to shut down case act of desperation’
“What the Attorney General has done by filing the writ of prohibition is shocking,” said Michael Dotts, the attorney for the Aguon family and other families who seek to collect on judgments entered against the Commonwealth Health Center for medical malpractice.
On Thursday, the Office of the Attorney General filed a writ of prohibition with the Supreme Court. The petition for a writ of prohibition requests the Supreme Court to order Superior Court Associate Judge Joseph N. Camacho not to hear Aguon’s claim that the government must pay their judgment.
“The Aguon family lost a child because of the medical malpractice of CHC,” explained Dotts. “The Aguon family obtained a judgment. The government then simply refused to pay. We all know that what the government is doing is wrong and we believe that the Superior Court will put an end to the government’s disgraceful behavior. So what the Attorney General’s Office has apparently decided to do is to try to stop the Superior Court from hearing this case.”
The petition for a writ of probation argues that the Superior Court has no jurisdiction to find that it was improper under the Balanced Budget Act not to appropriate money to pay judgments. “The argument is illogical,” said Dotts. “The Superior Court entered the judgment against the government in favor of the Aguons. How can the Superior Court not have jurisdiction to make the government pay the judgment?”
The petition also argues that plaintiffs’ lack standing as their injuries are self-inflicted. “Self-inflicted injury? Unbelievable!” said Dotts. “This argument that the Aguon family is somehow responsible for the situation they are in after CHC committed malpractice that resulted in the death of their child and the government’s refusal to pay, is ludicrous,” It is also highly offensive,” said Dotts.
Dotts continued: “The Superior Court through Judge Camacho gave us the chance to get documents and to have a hearing in May to prove what we all know to be true—that the government purposely does not pay judgments even though funds are available. The government wants to spend the people’s money on travel and other perks, instead of paying off lawful obligations. This is wrong and violates the Balanced Budget Act.
“The Attorney General’s Office does not want to have to provide documents and answer questions in a deposition and on the witness stand because they know they have no defense. They are afraid the Superior Court will put an end to their lawless behavior. The petition filed by the Attorney General to shut down the case is an act of desperation of a guilty defendant, and we are sure the Supreme Court will see it for what it is.”
Big implications as Dotts pretty much closes the loop with the CNMI government as it owes approximately 27 million in court judgments. Out of the 27 mil, only 8k was reported to be set aside for payment from 2016 budget. Really? 200k minimum at least.
These people have suffered enough!
1. July 30 this year, a $10,000 judgment was entered in favor of Gorjonny Camacho against the CNMI in Civil Action 12-0284, because of medical malpractice
2. a $15,000 judgment was entered in favor of Miguel Magofna Camacho and his family against the CNMI in Civil Action 10-0236. That was for medical malpractice.
3. on Aug. 2, 2013, the court entered a $35,000 judgment in favor of Susan T. Haleyalgiy, as personal representative of Jackary Jay Taimanao San Nicolas, against the CNMI in Civil Action 12-0108. That was for the wrongful death of her son.
4. May 12, 2008, the court entered a $50,000 judgment in favor of Cheryl Indalecio against the CNMI in Civil Action 03-0514, for the wrongful death of her son.
5. a judgment was entered in favor of Eric and Tanya David against the CNMI, in Civil Action 05-0445, amounting to $201,056.50, for medical malpractice.
6. a $35,000 judgment was entered in favor of Jotonia B. Aguon, Timothy Cruz, and Timothy Cruz as personal representative of Baby Cruz, against the CNMI in Civil Action 12-0263. That was for the wrongful death of their son.
Someone get the Cape Crusader Captain BSI in here ASAP!