Under the Open Government Act, laws passed in violation of the OGA are null and void, but that particular remedy was not addressed in the settlement agreement between private citizen Glen Hunter, Lt. Gov. Ralph DLG. Torres, and two lawmakers, according to Hunter\u2019s counsel, Jennifer Dockter, yesterday.<\/p>\n
Dockter told Saipan Tribune that the effect of the admission of Torres, House Speaker Joseph P. Deleon Guerrero (R-Saipan), and House vice speaker Rafael S. Demapan (R-Saipan) to OGA violations in the second version of the casino law (the repeal and reenact) is unknown.<\/p>\n
In settling Hunter\u2019s OGA lawsuit, Torres, Deleon Guerrero, and Demapan admitted to violating the OGA in the enactment of public laws 18-38 and 18-43, also known as the Saipan casino law.<\/p>\n
Torres and the two lawmakers also agreed to pay Hunter\u2019s counsel, Dockter, $10,000 as payment for all attorney\u2019s fees in prosecuting the claims. The parties agreed that all other fees and costs shall be waived. Hunter claimed to have incurred attorney\u2019s fees in excess of $20,000.<\/p>\n
As part of the deal, the parties moved to dismiss the lawsuit with prejudice, which means Hunter cannot re-open it anymore. Superior Court Associate Judge David A. Wiseman granted the motion on Wednesday.<\/p>\n
On the $10,000 attorney\u2019s fees, Dockter said the amount has already been paid on a government check.<\/p>\n
She said the defendants should be the ones asked whether the money came from their own pockets or from public funds.<\/p>\n
When asked for comment about the settlement of the OGA lawsuit, Dockter said the manner in which the first casino bill was passed offends basic notions of how an honest and transparent government should conduct itself.<\/p>\n
Dockter said the admission of OGA violations by some of the CNMI\u2019s highest officials is a great step toward a more open, more transparent government.<\/p>\n
She said Hunter hopes this lawsuit and ultimate settlement function as a springboard for the education of not only public officials but also for citizens who demand to be part of the legislative process.<\/p>\n
\u201cThe OGA is one tool that citizens\u2014like Hunter\u2014should not be afraid to use to ensure that they are not forced to sit idly by while their role in democracy is eroded,\u201d the lawyer pointed out.<\/p>\n
Hunter sued the government, Gov. Eloy S. Inos, the Lottery Commission, Torres, Deleon Guerrero, Demapan, and Rep. Felicidad Ogumoro (R-Saipan) for violating the OGA when they enacted the Saipan Casino Act without following the OGA\u2019s public notice provisions.<\/p>\n
Prior to the settlement deal, the parties agreed to dismiss the claims against Inos and Ogumoro.<\/p>\n
Last October, Wiseman dismissed the Lottery Commission as a party to the lawsuit.<\/p>\n","protected":false},"excerpt":{"rendered":"
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