AGO rejects request to sanction Judge Bellas

The Attorney General’s Office has no authority to take disciplinary action against Superior Court Judge Timothy H. Bellas for alleged improper judicial conduct as this is the sole responsibility of the Legislature, according to acting Attorney General Maya B. Kara.

It is only through impeachment that Judge Bellas can be removed, suspended or sanctioned due to allegations of improprieties, conflicting duties, extra-judicial and political activities leveled by his arch-critic Rep.-elect Stanley T. Torres.

AGO recommended pursuing this matter with the Legislature “so that [it] may determine if the conduct of Judge Bellas which you believe is either illegal or inappropriate merits disciplinary proceedings through impeachment process,” said Ms. Kara in a letter to Mr. Torres.

The chief government lawyer’s statement was a response to Mr. Torres’ call last month for an investigation into Judge Bellas’ conduct which the incoming House representative claimed violated standards as a member of the CNMI Judiciary.

He cited five instances over the past two years to support his allegations, including Judge Bellas’ campaign activity in the Nov. 6 elections where he was up for retention vote but eventually failed to get enough votes to continue his term of office beyond its expiration on 2001.

According to Ms. Kara, the request for disciplinary actions against the judge is no longer a function of the AGO or the Chief Judge of the Superior Court under existing laws.

“Therefore, the submission of your grievance [to these agencies] is inappropriate and ineffective for purposes of instituting removal proceedings against Judge Bellas,” she said.

Ms. Kara noted that under the recent amendment made to the Constitution on the judiciary, a Justice or a Judge could be impeached to include “conviction of any crime involving moral turpitude.”

That amendment also abolished the Advisory Commission set up for the judicial branch as well as power of the governor to remove, suspend or sanction a judge for illegal or improper conduct as recommended by the panel. Thus it is only through impeachment that Judge Bellas can be tried, added Ms. Kara.

Mr. Torres could not be reached for comment on the AGO’s ruling on his request, which came two weeks after he wrote Ms. Kara and Supreme Court Chief Justice Miguel S. Demapan asking them to sanction the embattled judge for his conduct.

In the letter, the legislator claimed Judge Bellas attended a political meeting on Oct. 13 on Rota to seek votes of supporters and used the official seal of the judicial branch for a campaign ad prior to the elections.

On charges of his conduct beyond office hours, Mr. Torres alleged he was “often seen with his lawyer friends in public places socializing over bottles of beer, and at times shots of Tequila.”

He also noted violation of the Constitution in one of the cases the judge tried involving Mr. Antonio O. Quitugua whom he forbade from speaking his indigenous language in his court.

Judge Bellas has in the past defended himself from such criticisms, including his private life, even as he noted the Nov. 6 referendum had forced him to campaign to keep his job.