Previous Story
Judge Manglona now wants to preside over Davis’ lawsuit
|
Posted on Jan 31 2012
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has withdrawn her recusal order and now wants to preside over the lawsuit filed by Marianas High School vice principal John H. David Jr. against the Commonwealth Election Commission.
Manglona withdrew her recusal order after Davis removed Senate President Paul A. Manglona (Ind-Rota) and House Speaker Eliceo D. Cabrera (R-Saipan) from his lawsuit on Friday.
In her order issued Monday, Judge Manglona said that she disqualified herself from the Davis’ lawsuit last Jan. 20 because Senate President Manglona is her brother-in-law. Dismissal of the action against Senator Manglona has eliminated the conflict that required her recusal, she said.
“The order of recusal is hereby vacated,” Judge Manglona said.
The judge directed the court’s clerk to immediately send a copy of her order withdrawing recusal to Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit and to withdraw the request for reassignment of the case to another judge.
Davis’ lawyer, Jeanne Rayphand, earlier told Saipan Tribune that they decided to just remove Senator Manglona and Speaker Cabrera from the lawsuit as the two are apparently not interested in participating in the lawsuit.
Davis, a U.S. citizen, is suing to stop the election commission from denying U.S. citizens who are not of Northern Marianas descent the right to vote on issue relating Article 12 of the CNMI Constitution or on any other issues. The other co-defendants in the lawsuit are CEC board chair Frances M. Sablan, CEC executive director Robert A. Guerrero, and Gov. Benigno R. Fitial.
Article 12 limits landownership in the CNMI only to those of NMI descent. It is up for voters’ review this November. Article 18 Section 5(c) of the CNMI Constitution restricts voting on this issue to only those who are of NMI descent.
Davis wants the court to bar the defendants from denying him and other U.S. citizens who are not NMI descent the right to vote.
