Practicing lawyers are not covered by the CNMI Government Ethics Code which prohibits government employees from representing private individuals contesting a government entity in a court case, attorney Joseph Arriola said Friday.<\/p>\n
Arriola presented this argument in opposing the Attorney General’s Office’s motion for his disqualification from criminal and civil cases, which both involved the same gambling issue. (See related story)<\/p>\n
Arriola is a member of the Board of Parole, and legal counsel for the Senate.<\/p>\n
He is representing businessman Cheung Ying Pin, an associate and co-plaintiff of former Senate President Juan S. Demapan, in a $3 million lawsuit against the government in connection with AGO’s Sept. 3 anti-gambling raid.<\/p>\n
Arriola also represents nine defendants, who were charged by AGO for alleged illegal gambling.<\/p>\n
Arriola argued that if the ethics code would apply to private practicing lawyers, it would have a “chilling effect” on “statutory requirements for various appointed public positions including the various CNMI boards.”<\/p>\n
He mentioned several government boards and commissions that require the appointment of lawyer-members. These agencies include the Law Review Commission, the Board of Parole, and the Advisory Commission of Judiciary, which have members who are currently practicing private law.<\/p>\n
“It is apparent that the legislature did not contemplate nor did it intend to apply the Government Ethics Code to practicing attorneys fulfilling statutorily required appointed positions,” Arriola said.<\/p>\n
“To impose a blanket applications would certainly defeat the purposes of the statutorily required appointed positions and would especially limit this court’s power to appoint attorneys in criminal and paternity cases,” he added.<\/p>\n","protected":false},"excerpt":{"rendered":"
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