Superior Court Associate Judge Joseph N. Camacho has ordered a prosecutor to explain why the Office of the Attorney General ignores a court order directing the OAG to appoint a special prosecutor to handle Chief Solicitor James M. Zarones\u2019 traffic case. <\/p>\n
In an order last week after a status conference, Camacho asked the prosecutor to explain what legal authority the OAG relies on to disobey or ignore Presiding Judge Robert C. Naraja\u2019s written order that directed the OAG to appoint a special prosecutor no later than Nov. 7, 2016, to handle Zarones traffic case. <\/p>\n
Naraja issued the order last Nov. 3.<\/p>\n
Camacho said the OAG has not appointed a special prosecutor as of Nov. 23.<\/p>\n
At the Nov. 3 hearing, the OAG moved to recuse the OAG from prosecuting the matter because Zarones is an employee of the OAG. This prompted Naraja to issue the order for the appointment of a special prosecutor.<\/p>\n
At the Nov. 23 status conference, assistant attorney general Jonathan Robert Glass Jr. appeared for the government. Zarones was off-island at that time.<\/p>\n
In the minute order last week, Camacho said the order setting the Nov. 23 hearing was faxed to the OAG Civil Division as well as put in the OAG\u2019s court box.<\/p>\n
Camacho issued a bench warrant in the amount of $135 for Zarones, but held it in abeyance to allow the chief solicitor to return to the CNMI and attend the next court hearing.<\/p>\n
Camacho set the status conference for Dec. 15, 2016 at 1:30pm.<\/p>\n
Camacho said Zarones\u2019 failure to appear will result in a bench warrant for his arrest.<\/p>\n
The judge ordered Glass to brief the issue whether the OAG can first recuse itself from a case, then un-recuse the office and prosecute a high ranking employee. Glass was given until Dec. 9 to file the briefs.<\/p>\n
Camacho said that Glass stated on the record that he will prosecute the case like any other traffic case and that Zarones will not receive any special treatment.<\/p>\n
The judge said that, in Glass\u2019 own words, he talked \u201cwith the powers that be, the Attorney General [Edward] Manibusan himself\u201d and that the OAG will be prosecuting Zarones in this case.<\/p>\n
Zarones\u2019 traffic case involves a violation of 9 CMC 5352(a)\u2014failure to yield. <\/p>\n
Camacho said the citation, however, does indicate an alleged incident that may or may not involve potential injuries and\/or damage to a third party, as well as possible civil liabilities and insurance coverage may or may not be affected depending on the outcome of the traffic case.<\/p>\n
According to court documents, Zarones was driving a blue Toyota Rav 4 along Chalan Pale Arnold in Chalan Laulau when the accident happened in the afternoon last Oct. 5. It was Police Officer J. Mendiola who issued the traffic citation for failure to yield to right of way. The citation indicated the word \u201csideswipe,\u201d which means that Zarones\u2019 vehicle hit another car. Zarones pleaded not guilty.<\/p>\n","protected":false},"excerpt":{"rendered":"
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