Ex-BMV director granted court-appointed lawyer

The U.S. District Court for the NMI has determined that Juana Deleon Guerrero, the former director of the Department of Public Safety’s Bureau of Motor Vehicles, is entitled to a court-appointed counsel because she is unable to fully pay for one out of her own pocket.

Following her disclosure to the court last week that she is no longer employed with DPS, Chief Judge Ramona V. Manglona issued yesterday a five-page order granting Deleon Guerrero a court-appointed counsel.

Because of this decision, Deleon Guerrero is able to retain Robert Torres as her lawyer in the license fraud case filed against her.

However, as a condition, Manglona ordered Deleon Guerrero to pay a lump sum of $1,500 to help with costs incurred throughout the proceedings as her financial records did not indicate that she is indigent.

“Based on defendant’s second financial affidavit, the court finds that defendant’s current financial resources and lack of income are insufficient for defendant to pay for both qualified counsel and life’s necessities. To be clear, to obtain court-appointed counsel, defendant has the burden to show that she is unable to afford to pay for a lawyer, not that she is indigent,” said Manglona.

“Here, the court finds that defendant has some financial resources that are not readily liquid, and given the imminent jury trial date set for May 23, 2023 under the Speedy Trial Act, the court errs on the side of appointing counsel. Nevertheless, the court also finds that defendant is capable of partially paying the costs of adequate counsel in the amount of $1,500,” the judge added.

Manglona also stated that Deleon Guerrero’s eligibility for a court-appointed lawyer may be reconsidered should new financial information arise.

“…The court may reconsider her eligibility for appointment of counsel during the entirety of this case in the event any new information is discovered,” Manglona said.

In issuing her order, Manglona vacated the status conference on April 19, to discuss Deleon Guerrero’s updated financial records.

During her initial appearance and arraignment last March, Deleon Guerrero, Torres, pleaded not guilty to one count of conspiring with others to unlawfully produce an identification document.

During the hearing, Deleon Guerrero was found non-indigent, which means she is financially capable of hiring her own lawyer.

Back in March, assistant U.S. attorney Albert Flores Jr. indicted Deleon Guerrero on a charge of conspiring with others to unlawfully produce an identification document.

According to the indictment, Deleon Guerrero conspired with Li Yongde, also known as Ivan, from about Sept. 1, 2021, through about Oct. 31, 2022, to unlawfully produce a CNMI driver’s license.