As of yesterday, the lawyer of the Public School System and its commissioner, Dr. Alfred Ada, have yet to file proof of service that Gov. Ralph DLG. Torres and Finance Secretary David Atalig have been served with their complaint over an annual PSS budget issue, Saipan Tribune learned.
A source disclosed that Ada and PSS, through counsel Tiberius Mocanu, filed the complaint for injunction last March 12, but they have not served Torres and Atalig with court papers yet.
The source said a case cannot technically start until the defendant is served. The source said if a party is not served properly, then the party is not required to answer or show up in court.
At this time, the Superior Court has not granted a temporary restraining order in connection with the lawsuit.
Last Thursday, Associate Judge Joseph N. Camacho set a status conference for the lawsuit on April 14 at the Marianas Business Plaza in Susupe. Camacho ordered the parties to come prepared to discuss briefing deadlines and hearing dates.
Presiding Judge Roberto C. Naraja re-assigned the case to Camacho after Associate Judge Teresa Kim-Tenorio recused herself, saying she is close family friends with the teacher representative on the Board of Education.
PSS and Ada are suing Torres and Atalig to guarantee for PSS an annual budget of not less than 25% of the Commonwealth’s general revenue. Ada and PSS accuse Torres and Atalig of violating the NMI Constitution.