Sablan frets over delay in OGA suit

Rep. Tina Sablan is disappointed that her Open Government Act lawsuit against Gov. Benigno R. Fitial and Finance Secretary Eloy Inos has been postponed due to their lawyer’s request for a continuance.

Braddock J. Huesman cited business and medical reasons in his request to put off the hearing.

Sablan appeared in court without a counsel. A new government lawyer who is not quite familiar with the lawsuit came for the defendants.

Huesman is currently off-island. He was reportedly set to argue before the Ninth Circuit Court of Appeals last Tuesday. He is also expected to be off-island for medical reason between May 25 to 29.

Superior Court Associate Judge David A. Wiseman reset the hearing to June 4 at 1:30pm.

Sablan said yesterday that there has already been a considerable delay in the case and questioned why they have to wait for Huesman.

“I don’t agree that it is only Huesman who can represent [Fitial and Inos] in this case,” the lawmaker said.

Sablan pointed out that acting Attorney General Gregory Baka, who is familiar with the case, could also appear in court in the absence of Huesman.

Under the OGA, Sablan said, she is entitled to a speedy proceeding.

The lawmaker also questioned why of the 34 items listed on the “privilege log” there was no mention about the law firm’s communication with Fitial or the administration regarding the lawsuit against federalization.

In addition, Sablan said, the account number that Baka provided her as the source of funding for the federalization lawsuit does not exist.

She said she is not sure whether or not it was an honest mistake by Baka.

Wiseman said he would direct the government to clarify which account it is referring to. The judge said he is trying his best to accommodate Sablan’s request to speed up the proceedings in this case.

Wiseman earlier ordered Sablan and the lawyer for Fitial and Inos to be prepared at the hearing yesterday to discuss the enumerated items listed on the “privilege log” and to what extent the OGA restricts the release of those documents.

At the April 9, 2009, hearing on Sablan’s request for production of documents, Huesman objected to producing three documents: the letter engaging the services of a Washington D.C. law firm, billing documents and statements sent to the CNMI for the 903 litigation (lawsuit against federalization), and payments made by the CNMI to attorneys representing the 903 litigation.

On April 14, Wiseman ordered Fitial and Inos to produce within seven days all of Sablan’s requested documents, except the three that Huesman refused to hand over.

The judge further ordered Fitial and Inos to file a privilege log with the court within 10 days. Huesman subsequently filed the privilege log.

Sablan sued Fitial and Inos to compel the administration to disclose where it is getting the money to fund the lawsuit against federalization.

Huesman argued that forcing the CNMI to release sensitive information that the federal government is not entitled to contravenes the purpose of a statute that deals with litigation exceptions to the OGA.