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Manglona recuses self from Fund’s lawsuit
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Posted on Oct 04 2011
By Ferdie de la Torre
Reporter
Reporter
A judge has yet to be named to handle the court action filed in federal court relating to the removal of the NMI Retirement Fund’s lawsuit against the CNMI government after U.S. District Court for the NMI Chief Judge Ramona V. Manglona recused herself from presiding over the case.
Attorney Bruce Jorgensen, counsel for Commonwealth Retirement Association board member Sapuro Rayphand, disclosed in court papers that a judge has yet to be designated to handle the case in the District Court following Manglona’s recusal.
Saipan Tribune checked and confirmed yesterday that Manglona issued the order of recusal on Sept. 15, 2011.
In that order, Manglona cited that her husband, CNMI Supreme Court associate justice John A. Manglona, is a member of the Fund, so she must disqualify herself from participating in the matter.
Judge Manglona directed the clerk of court to refer the matter immediately to Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit for reassignment to another judge.
Rayphand has asked the federal court to allow the transfer of the Fund’s lawsuit against the CNMI government from the Superior Court to the District Court.
Rayphand stated that it has been more than two years since Superior Court associate judge Kenneth L. Govendo rendered a $230 million judgment in the case, yet there has been little, if any, meaningful steps toward enforcement of that judgment.
The Fund is opposing the transfer. Fund legal counsel Braddock Huesman, in a motion to remand, asserted that Rayphand’s notice of removal is defective as CRA is not a defendant in this matter and thus cannot transfer the case.
Even if the CRA is considered a defendant for removal purposes, Huesman said that not all defendants have agreed to the transfer.
Gov. Benigno R. Fitial and Lt. Gov. Eloy S. Inos recently agreed with the Fund that the Fund’s lawsuit should be remanded to the Superior Court.
