Atalig seeks extension on poll contest appeal

Defeated Rota mayoral candidate Vicente Manglona Atalig has asked the CNMI Supreme Court to extend for a couple of days the hearing dates of his appeal.

Atalig, through counsel Stephen C. Woodruff, said his proposed schedule does not prejudice defendants Joseph Songao Inos, the Commonwealth Election Commission and its commissioners nor compromise any of the goals of the law on expedited proceedings in election contests.

Inos is entitled to the office of Mayor at least until this election challenge is concluded and that he can be sworn into office on Jan. 9, 2006, as scheduled, said Woodruff.

Superior Court Associate Judge Kenneth Govendo had ruled from the bench dismissing Atalig’s lawsuit on Dec. 16, 2005.

Woodruff said they filed a notice of appeal on Dec. 19, 2005, to ensure compliance with the three-day deadline for election contest appeals, despite the fact that no formal judgment or written order of dismissal had yet been entered by Govendo.

Govendo entered on Dec. 21, 2005 his written order granting the defendants’ motion to dismiss.

Woodruff said the Commonwealth Rules of Appellate Procedure provides that a notice of appeal filed after the announcement of a decision but before entry of the judgment or order shall be treated as filed on the day of entry.

“The statute expressly provides that the timetable runs from entry of judgment, which in this case would be the written order of the Superior Court,” he pointed out.

Accordingly, Woodruff said, per the statutory schedule, Atalig’s brief would be due Dec. 31, a legal holiday, and the appellees’ briefs would be due Jan. 5, 2006.

Woodruff proposed that Atalig’s brief is due on Dec. 30, 2005, while Inos, CEC and its commissioners, have until Jan. 5, 2006, to file their pleadings.

Woodruff said oral arguments should be on Jan. 10 2006, and judgment will be on Jan. 20, 2006.

He said this recommended schedule is consistent with the statutory mandate and the inherent authority of the High Court under the CNMI Constitution to manage the business before it.

Justice pro-tempore Juan T. Lizama recently ordered the speedy review of Atalig’s appeal after the parties in the case agreed that the matter should be expedited as much as possible.

Lizama said he would begin the periods from the date of the order from the bench ruling of Judge Govendo.

Lizama said Atalig’s brief is due on Dec. 27, 2005, while Inos, the commission and its commissioners, have until Jan. 3, 2006, to file their pleadings.

Oral arguments will be on Jan. 5, 2006. The High Court’s judgment will be issued on Jan. 16, 2006, Lizama said.

Atalig has sought court action to compel the counting of 72 unopened ballot envelopes. He sued CEC and its commissioners.

Atalig, of the Republican Party, also named as a real party in interest co-defendant Joseph Inos of the Covenant who got 11 more votes than him.

CEC, the commissioners and Inos argued that Atalig’s claim should be time-barred because the complaint was filed outside the seven-day time limit set forth in the statute.

Govendo agreed with the defendants and dismissed the lawsuit.

Atalig appealed.