OAG insists on handling case; judge orders govt to explain

Superior Court Associate Judge Joseph N. Camacho has ordered a prosecutor to explain why the Office of the Attorney General ignores a court order directing the OAG to appoint a special prosecutor to handle Chief Solicitor James M. Zarones’ traffic case.

In an order last week after a status conference, Camacho asked the prosecutor to explain what legal authority the OAG relies on to disobey or ignore Presiding Judge Robert C. Naraja’s written order that directed the OAG to appoint a special prosecutor no later than Nov. 7, 2016, to handle Zarones traffic case.

Naraja issued the order last Nov. 3.

Camacho said the OAG has not appointed a special prosecutor as of Nov. 23.

At the Nov. 3 hearing, the OAG moved to recuse the OAG from prosecuting the matter because Zarones is an employee of the OAG. This prompted Naraja to issue the order for the appointment of a special prosecutor.

At the Nov. 23 status conference, assistant attorney general Jonathan Robert Glass Jr. appeared for the government. Zarones was off-island at that time.

In the minute order last week, Camacho said the order setting the Nov. 23 hearing was faxed to the OAG Civil Division as well as put in the OAG’s court box.

Camacho issued a bench warrant in the amount of $135 for Zarones, but held it in abeyance to allow the chief solicitor to return to the CNMI and attend the next court hearing.

Camacho set the status conference for Dec. 15, 2016 at 1:30pm.

Camacho said Zarones’ failure to appear will result in a bench warrant for his arrest.

The judge ordered Glass to brief the issue whether the OAG can first recuse itself from a case, then un-recuse the office and prosecute a high ranking employee. Glass was given until Dec. 9 to file the briefs.

Camacho said that Glass stated on the record that he will prosecute the case like any other traffic case and that Zarones will not receive any special treatment.

The judge said that, in Glass’ own words, he talked “with the powers that be, the Attorney General [Edward] Manibusan himself” and that the OAG will be prosecuting Zarones in this case.

Zarones’ traffic case involves a violation of 9 CMC 5352(a)—failure to yield.

Camacho said the citation, however, does indicate an alleged incident that may or may not involve potential injuries and/or damage to a third party, as well as possible civil liabilities and insurance coverage may or may not be affected depending on the outcome of the traffic case.

According to court documents, Zarones was driving a blue Toyota Rav 4 along Chalan Pale Arnold in Chalan Laulau when the accident happened in the afternoon last Oct. 5. It was Police Officer J. Mendiola who issued the traffic citation for failure to yield to right of way. The citation indicated the word “sideswipe,” which means that Zarones’ vehicle hit another car. Zarones pleaded not guilty.