‘Atalig has carried acts of deception, disrespect for court over past 7 years

Disbarred lawyer Antonio M. Atalig has carried on acts of untruthfulness, deception, and outright disrespect for court orders for at least seven years beginning with the Angel Malite estate probate, according to Superior Court Associate Judge David A. Wiseman.

Wiseman discussed Atalig’s previous criminal convictions and conduct in his dealings with the Superior Court in his written sentence and commitment order on contempt of court issued yesterday.

Last Wednesday, April 9, Wiseman sentenced Atalig to six months in prison for his conviction on contempt of court for not reporting to the Department of Corrections to start serving his sentence in a domestic violence case. The sentence shall run consecutively with the eight-month sentence that was slapped against Atalig in a domestic violence matter. This means that the disbarred lawyer will serve a total of 14 months. He is expected to be released from DOC on May 7, 2015.

In his written order yesterday, Wiseman cited the Malite estate case, where Associate Judge Kenneth L. Govendo ordered Atalig to pay back the $1.1 million he wrongfully took from the estate.

Wiseman said that Atalig refused to do so and, after several hearings and opportunities to comply with the court’s order, was eventually found in contempt and sent to prison. Wiseman said that Atalig stayed in prison for more than a year rather than comply with the court’s order.

Further, he said, Presiding Judge Robert C. Naraja found a total of 20 Rule 11 violations and fined Atalig a total of $5,900 and $1,000 for costs.

To this day, Wiseman said, Atalig has never returned one cent of the Malite estate money, and that case led to his suspension by the court. The CNMI Supreme Court later modified the Superior Court’s order of suspension, upgrading the sanction to disbarment from the practice of law.

Wiseman said that contempt of court is an act or omission that interferes with the administration of justice, through conduct that disobeys judicial orders, shows disregard and disrespect for the authority and dignity of the law, or tends to embarrass, impede or obstruct the court in the performance of its functions.

Wiseman said the power of contempt is the sole means by which judges can enforce their orders and affirm the rule of law.

Wiseman said he believes that this is a case where the best interests of justice and of this society may be best served by imposing the maximum prison term as it may have a deterrent effect on Atalig’s life upon his release, and on potential offenders who don’t take orders seriously.

With respect to the domestic violence case, Wiseman said it was the third criminal case over the last decade or so where Atalig caused physical, verbal, and other abuse to his wife and children.

The third case, he said also showed defendant’s disrespect for the court’s orders in violating previous criminal case orders.

“The abuse got so terrible and dangerous for the family that they recently moved far away from defendant to the East Coast of the U.S.,” Wiseman said.

At the sentencing hearing, assistant attorney general Heather Barcinas recommended a sentence of six months in prison, while defense counsel Robert Myers Jr. recommended a six-month probation sentence.

Wiseman found Atalig guilty of criminal contempt for not complying with the court’s order requiring him to report to DOC on Feb. 15, 2014.

According to court records, Atalig pleaded guilty last year to assault and battery, two counts of disturbing the peace, and criminal contempt.

On Nov. 22, 2013, Wiseman sentenced him to eight months in prison. The judge then granted Atalig’s request to delay reporting to DOC because he needed to fulfill many other obligations.

On March 7, Atalig surrendered to DOC to begin serving his eight-month prison term for domestic violence.

In May 2012, Wiseman suspended Atalig and Reynaldo O. Yana from practicing law in the CNMI for refusing to return $1.1 million in attorneys’ fees that the two obtained from the Malite estate. In January 2014, the CNMI Supreme Court disbarred the two lawyers.