Court: Ex-officials entitled to public defense • Gov’t ordered to reimburse legal expenses of former officials it has sued

Former public officials who are sued for their actions committed during their term in the government and within the scope of their official duties are entitled to government legal defense, according to Superior Court Special Judge David Wiseman.

It doesn’t matter if it was the government itself which filed the complaint against former officials, who were demanding either public legal representation or reimbursement for legal expenses, Wiseman said.

Wiseman invoked the Public Employee Legal Defense and Indemnification Act of 1986 in granting the motion for partial summary judgment sought by former Atty. General Robert C. Naraja and former Procurement and Supply Director David M. Apatang, who is now a member of the House of Representatives.

The case originated from a civil action filed by building owner Joaquin M. Manglona against the CNMI government in connection with a 10-year lease of office space in Nauru building in Susupe.

The office space was occupied by the Department of Labor and Immigration (DOLI) following the signing of the lease contract in 1992.

But reportedly because of safety concern, DOLI vacated the place in 1996, six years short of the lease term.

The government’s unilateral termination of the lease agreement prompted Manglona to file a civil lawsuit in 1997 for breach of contract and damage to his business reputation.

The government, in turn, dragged Naraja and Apatang into the case pointing out to them as the ones who signed and certified the lease contract.

The government named Naraja and Apatang as third party defendants, seeking indemnification against them.

The two had demanded legal representation from the government.

The government, however, had refuse to either defend Naraja and Apatang or shoulder their legal expenses incurred from hiring private attorneys, suggesting among other things that the two former officials were not covered by the Public Employee Legal Defense Act as they “acted outside the scope of their employment.”

According to the government’s argument, the legal defense law provided that the former officials sued can be reimbursed only if they successfully defended themselves against the government’s indemnification claims.

Wiseman, on the other hand, was not convinced by the government’s argument saying that there is nothing in the law that provides for such mechanism.

Wiseman said the law provides that a government entity can only recover indemnification claim if the public employee’s liability did not arise out of his public duty, and that if the employee acted with “actual fraud and with actual malice or willful criminal misconduct.”

Wiseman also said the allegation that Naraja and Apatang “acted outside the scope of their employment” has yet to be proven.