Under time pressure to pass the proposal, the House of Representatives yesterday approved an amendment to Public Law 11-105 to prohibit the Superior Court to make money out of trust funds temporarily entrusted to the judiciary.<\/p>\n
HB 12-200, sponsored by Speaker Benigno R. Fitial, now heads to the Senate for action. The Legislature has until this Sunday to enact the legislation under the 10-day period granted by the U.S. District Court before it can rule the law unconstitutional.<\/p>\n
Judge Alex R. Munson decided in favor of the plaintiff, James E. Hollman, in the lawsuit he filed against the CNMI government, challenging the constitutionality of PL 11-105 that was signed by the governor in October last year.<\/p>\n
That law allowed the Superior Court to establish interest-bearing accounts for trust funds it is currently in possession pending disposition of the money in such cases as heirship and estate settlement.<\/p>\n
Mr. Hollman, guardian to Vo Minh Tan who is one of the beneficiaries of the Hillblom estate, had questioned an earlier order by Superior Court Pro-Tem Judge Alex Castro that had asked him to defend interests earned from the Hillblom account.<\/p>\n
Both the Attorney General’s Office and Superior Court Presiding Judge Edward Manibusan, who has expenditure authority over the trust accounts, admitted deficiencies of PL 111-105, prompting them to ask for repeal of those questionable provisions.<\/p>\n
If the Legislature fails to act on the measure by Sunday, the government will be ordered to pay $5,000 in attorney’s fees and litigation costs being sought by Mr. Hollman.<\/p>\n
It is not known when the Senate will act on HB 12-200, although it has scheduled committee meetings on Rota on Friday.<\/p>\n","protected":false},"excerpt":{"rendered":"
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