Brown ouster sought

Former Senate President Juan S. Demapan filed with the Superior Court yesterday a taxpayer’s lawsuit that seeks to declare that Pamela Brown has been holding the CNMI Attorney General post unlawfully, resulting in the unlawful expenditure of public funds through payment of her salary and expenses.

The legal action came days after Brown’s office blocked the release of some $3.45 million from the government’s Land Compensation Fund to the Malite estate, which was represented by lawyers Pedro and Antonio Atalig.

Pedro Atalig, a former CNMI Supreme Court justice, represented Demapan in the taxpayer’s lawsuit. The former Senate president is brother to CNMI Supreme Court Chief Justice Miguel S. Demapan.

In a verified complaint, Atalig asserted that Brown’s appointment as attorney general was not duly confirmed by the Senate—a constitutional requirement for appointment in that position.

“Plaintiff [Demapan] now asks, how long should this court, and how long should the citizens of this great Commonwealth tolerate this blatant and reckless conduct by the Office of the Attorney General to ignore and violate our NMI Constitution and Commonwealth laws for which we swore and pledged to uphold and defend. How long? How long? How long?” Atalig asked.

Atalig impleaded Brown in her personal capacity and the CNMI government as defendants in the lawsuit. He asked the court to permanently bar the CNMI government from paying Brown the salary and expenses of an attorney general, whether in official or acting capacities. He also asked the court to compel repayment of funds received by Brown from the government in the form of salary and expenses as attorney general.

Atalig explained that Brown failed to muster the constitutional requirement for confirmation within the 90-day deadline following her appointment by Gov. Juan N. Babauta on June 16, 2003. The lawyer said the 90-day deadline fell on Sept. 14, 2003, when no Senate session was held.

“Thus, the Senate did not confirm Pamela S. Brown as attorney general on Sept. 14, 2003. Plaintiff contends that as soon as the 90-day Senate confirmation [deadline] expired, Pamela S. Brown’s nomination as attorney general was rejected and she could not be re-nominated,” Atalig said.

Atalig cited 1 CMC §2904, which states: “If the appointment is not confirmed by the Senate…within 90 days from the date the person was temporarily appointed, the appointment shall automatically terminate, the position shall become vacant and the person nominated shall not be re-nominated.”

On Sept. 17, 2003, the Senate explicitly rejected Brown’s nomination, according to Atalig. The Senate action transpired when the then minority bloc led by Sen. Pete Reyes took control over the Upper House’s leadership. The new leadership called for a session and with four senators present, three of them voted to reject Brown’s confirmation. One lawmaker abstained from voting.

On the same day, Reyes, who took over the post of Senate president, wrote a letter to Babauta to inform the governor that the Senate rejected his nomination of Brown.

On Nov. 17, 2003, however, five senators convened on Rota to regain the Senate leadership. The four minority senators who had taken over the leadership were absent. In that session, the five senators unanimously voted in favor of Brown’s confirmation.

Atalig also cited Brown’s own legal opinion when she was Senate legal counsel in 1992. She said in that opinion that an appointee whose nomination for confirmation was rejected by the Senate could not be re-nominated for the position.

Atalig disclosed his intention to file a lawsuit against Brown to unseat her right after last Monday’s court hearing on the lawsuit filed by the AGO to prevent the drawdown of some $3.45 million in land compensation fund for the claim of the Malite estate.

The AGO lawsuit impleaded the Marianas Public Lands Authority, its board members and acting executive director, the Commonwealth Development Authority, and Malite estate administrator Jesus Tudela as defendants.

The MPLA, with the consent of the CDA, had announced the release of the $3.45 million to the Malite estate supposedly on Dec. 6.

Brown, represented by the AGO’s civil division chief, Benjamin Sachs, said there are circumstances surrounding the transaction that create a “strong appearance of ethical impropriety and conflicts of interest.”

The MPLA board approved the land claim, a matter that was already decided by the Trust Territory court in 1978. That court determined the compensation for condemnation of a parcel of land, which now forms part of the Marianas High School, in the amount of $3,682. The Commonwealth government obtained title to the land as a result of the condemnation.

Atalig, representing the Malite heirs, vehemently opposed the AGO suit, saying that the Malite heirs deserve just compensation after their land was obtained by the then Trust Territory government in 1968. Atalig questioned Brown’s standing to initiate the lawsuit, saying that she has been holding the AG post unlawfully.

In an interview with Atalig after last Monday’s hearing, he said Brown “has no business bringing this lawsuit,” adding that the attorney general went on with the suit despite the governor’s consent to release the land compensation being requested by the Malite estate.

“The AG is doing things [the way] it wants,” Atalig said. He noted that he has legal experience regarding the removal of an attorney general, citing the lawsuit against former attorney general Maya Kara.