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Hofschneider suit against MPLA exec proceeds at Govendo court
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Posted on Jun 27 2005
Superior Court judge Kenneth Govendo did not recuse himself from presiding over the lawsuit filed by former Marianas Public Lands Authority commissioner Henry Hofschneider against the MPLA board and its chair, Ana Demapan-Castro.
Govendo set the hearing on the case on July 14, during which arguments by the parties would be considered in connection with the request of Hofschneider for summary judgment granting his claims.
Hofschneider is seeking monetary compensation and punitive damages of at least $1.75 million from Demapan-Castro and the MPLA board.
Hofschneider’s lawyer, Sean Frink, had accused Demapan-Castro of illegally terminating his client from the MPLA’s top executive post.
Frink had impleaded the MPLA board as co-defendant in the Superior Court action, saying it has allowed Demapan-Castro to continue using MPLA funds in her “personal vendetta” against Hofschneider in the form of legal defense fees and costs, despite the alleged illegality of the MPLA chair’s actions.
Govendo’s decision to continue presiding over the case came about following the denial of the MPLA defendants’ request for an order compelling his recusal.
Superior Court judge Juan T. Lizama refrained from compelling Govendo’s recusal in a ruling last week, saying, among others, that he lacks the power to make that decision concerning a fellow judge. Lizama said last week that it is up to Govendo to decide whether or not he would recuse himself.
MPLA attorney Matthew Gregory had asked the court to disqualify Govendo, accusing the judge of bias against the agency. Gregory could not be reached for an interview as of press time yesterday.
