Camacho wants to hear implications of OAG statement

Superior Court Associate Judge Joseph N. Camacho yesterday set a status conference to hear, among other issues, the parties’ arguments on the implications of the Office of the Attorney General’s statement that to get payments from court judgments against the government, persons can lobby to lawmakers or avail of tax offsets program.

Camacho asked the parties in the lawsuit filed by couple Jotonia B. Aguon and Timothy Cruz to attend the status conference on Feb. 16, 2016 at 1:30pm.

Camacho said the parties should be prepared to elaborate on the implications of OAG’s argument in the government’s supplemental brief that “persons with judgments and other claims against the governments have lobbied for private bills to pay them.”

“Is the Commonwealth’s argument that, since parties must lobby the Legislature, only politically well-connected and influential parties are able to enforce their monetary judgments against the Commonwealth?” the judge asked.

Camacho other issue to be discussed is whether oral arguments are necessary as to the supplemental briefs that the parties have filed.

The judge will also hear whether an evidentiary hearing is necessary to receive sworn testimony and/or sworn declarations from witnesses and admitted exhibits that may provide information that would be helpful to the court in deciding the pending motions.

Assistant attorney general David Lochabay, counsel for the government, stated that historically, persons with judgments and other claims against governments have lobbied legislatures for private bills to pay them.

Lochabay also stated that the CNMI has instituted a program where persons with judgments against the Commonwealth may obtain payments through tax offsets.

Lochabay discussed the court judgments issue in the government’s response to Camacho’s question is there is any other mechanism for Aguon and Cruz to seek payment of their judgment against the government in light of repeated failure of the Legislature to appropriate for court-ordered judgments.

Aguon and Cruz are holding a $35,000 judgment against the government over the death of their child during delivery in 2012 at the Commonwealth Health Center.

Camacho also raised other questions as he invited the Legislature, the Office of the Governor-Office of Management and Budget, and the Department of Finance to submit briefs or declarations over the government’s failure to pay judgments in connection with two lawsuits, including the wrongful death filed by couple Aguon and Cruz.