Senate resolution backing Arriola fizzles out

Senate leaders have decided to scrap a legislative measure that will challenge a court decision disqualifying Senate legal counsel Joseph Arriola from defending private clients in fear that the proposal would directly clash with the executive branch’s power.

A resolution giving authority to Senate legal counsel Steve Woodruff to take legal action to overturn such a ruling will not be voted on the floor, according to Senate President Paul A. Manglona.

He said Woodruff will be granted authority to represent the Senate in the case if and when the court decides on it. “It will be enough for the president to grant that approval. We don’t need a resolution,” Manglona said in an interview.

Senate Floor Leader Pete P. Reyes echoed the president’s concern, noting that the language contained in the measure unsettled some members.

“If we allowed that to go through, it will be too late for us to make the corrections as needed,” he said in a separate interview.

Reyes likewise withdrew his support for the resolution. “I prefer that it will not be presented on the floor… until after the court comes out with a decision,” he added.

Action on the resolution was held off Friday after the chamber expressed concern that it would create “more conflict” rather than resolve the dispute dragging the Senate into the case.

The Senate balked at Woodruff’s insistence to press adoption of the measure who claimed that “time is of the essence” in view of the court’s inclination to grant the Attorney General’s Office’s motion to disqualify Arriola from defending clients charged with illegal gambling.

Woodruff, however, raised concern that a ruling in favor of the AGO’s motion would undermine the Senate’s authority to enter into independent contract with legal counsel of its won choosing.

He also questioned the motive, saying it was prompted only after Arriola challenged acting Attorney General Maya B. Kara’s power to enforce laws when she was never confirmed by the Senate.

Government lawyers alleged in the motion that the Senate legal counsel violated the Government Ethics Act which prohibits public officials and employees from representing private individuals contesting a government entity before a court.

The case involves the illegal gambling charges on Cheung Ping Yin and seven others brought up by government lawyers following the raid on Abracadabra shop in Garapan last July.

But Superior Court Associate Judge Timothy Bellas last week asked Arriola to choose whether he wants to continue serving as Senate legal counsel or pursue his private law practice.

The lawyer, who has been hired by the Senate to provide legal services since June, has maintained that he would continue his work in the Legislature.