Babauta: Brown is legitimate AG

Attorney general Pamela Brown was legally installed and she legitimately occupies the position, according to Gov. Juan N. Babauta in the wake of an ouster move filed in court this week against Brown.

“There is no question at all on her legitimacy as AG. She went through the process. She was confirmed by the Senate and sworn in,” said Babauta.

Former Senate President Juan S. Demapan had filed a taxpayer’s lawsuit in Superior Court Wednesday, seeking to declare that Brown has been holding her post unlawfully, resulting in the unlawful expenditure of public funds through payment of her salary and expenses.

The legal action came days after the AGO 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.

Atalig, a former CNMI Supreme Court justice, represented Demapan in the lawsuit. Demapan is a brother of Supreme Court Chief Justice Miguel S. Demapan.

Atalig argued that Brown’s appointment was not duly confirmed by the Senate as she failed to muster the constitutional requirement for confirmation within the 90-day deadline following her appointment by the governor on June 16, 2003.

The lawyer said the 90-day deadline fell on Sept. 14, 2003, when no Senate session was held.

He said that as soon as the 90-day Senate confirmation deadline expired, Brown’s nomination as attorney general was rejected and she could not be re-nominated.

On Sept. 17, 2003, he said the Senate explicitly rejected Brown’s nomination. This took place when a four-member minority bloc led by Sen. Pete Reyes took control of the Senate.

On the same day, however, five majority senators convened on Rota to regain the Senate leadership. In that session, the five senators unanimously voted in favor of Brown’s confirmation.

The lawsuit asks 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.

When asked for comments, Brown merely quipped: “They [plaintiffs] love me. That’s been the case since 1999.”