Bid to bar OAG from representing Hocog, Larson denied

Superior Court associate judge pro tempore Timothy H. Bellas has denied former Department of Public Lands secretary John DelRosario’s motion to disqualify the Office of the Attorney General from representing Lt. Gov. Victor B. Hocog and Finance Secretary Larrisa C. Larson in Del Rosario’s lawsuit against them over the transfer of $400,000 in government funds for cargo ship M/V Luta’s operations.

Bellas also placed under advisement Hocog’s motion to dismiss Del Rosario’s lawsuit.

In denying Del Rosario’s motion to disqualify, Bellas said Del Rosario did present legitimate concerns that the OAG should be disqualified but Hocog’s and Larson’s arguments are more persuasive and supported by law.

“At this time, and [based] on the facts that are currently available to the court, the OAG is not disqualified,” said Bellas in his order. Bellas’ order was issued last month but was obtained by Saipan Tribune only yesterday.

Bellas said he reserves the right to review the matter at a later point in the proceedings should facts arise suggesting that his decision should be reconsidered.

Bellas said the court has no reason to believe otherwise that the OAG, while representing Hocog and Larson, has and will continue to keep individual client confidences, as well as have screening procedures in place to ensure that defendants are ethically represented in compliance with the American Bar Association Model Rules of Professional Conduct.

DelRosario, through counsel Jennifer Dockter, moved to disqualify the OAG, claiming that the merits of the case give rise to inherent conflict of interest, making disqualification appropriate.

Dockter also argued that the OAG needs to be disqualified in order to ensure the fairness of the proceeding.

Assistant attorney general Christopher Timmons represents Hocog in his personal capacity. Assistant attorney general James Zarones serves as counsel for Hocog and Larson in their official capacity.

Timmons and Zarones argued that Commonwealth law explicitly mandates the attorney general to provide Hocog and Larson with representation and that the common law explicitly recognizes that an Attorney General’s Office has a special status for conflicts purposes.

In denying the motion, Bellas said he finds DelRosario’s “fairness of the proceedings” argument unpersuasive, in part because it is speculative at this stage.

Last May, DelRosario filed the taxpayer’s lawsuit against Hocog and Larson over the alleged adoption of a Rota resolution without public notice that purportedly authorized payment of $400,000 to Luta Mermaid LLC, a private company owned by Hocog’s relatives.

DelRosario is suing Hocog and Larson for breach of fiduciary duties, and expenditure of public funds for an improper purpose. In addition, Hocog is being sued for violation of the Open Government Act.

DelRosario then moved to disqualify the OAG from serving as counsel for Hocog and Larson.