High Court grants Atalig’s request for extension

The CNMI Supreme Court has granted defeated Rota mayoral candidate Vicente Manglona Atalig’s request to extend for a couple of days the date of filing his appeal briefing.

Justice pro-tempore Juan T. Lizama revised his earlier order on the scheduling to allow Atalig to submit his brief by Dec. 30, 2005.

Lizama, however, denied Atalig’s demand to extend any of the other deadlines he earlier imposed.

“The court reminds counsel that all briefs are due at 3pm on the date scheduled,” said Lizama in his order issued Wednesday afternoon.

The justice’s previous order allowed Atalig to submit his brief until Dec. 27, 2005.

Appellees Joseph Songao Inos, Commonwealth Election Commission and its commissioners are given 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, he said.

Atalig, through counsel Stephen C. Woodruff, said his proposed schedule does not prejudice defendants Inos, CEC and its commissioners or compromise any of the goals of the statutory provisions for expedited proceedings in election contests.

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.

Woodruff proposed that Atalig’s brief is due on Dec. 30, 2005, while the appellees 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.

Superior Court Associate Judge Kenneth Govendo ruled from the bench dismissing Atalig’s lawsuit on Dec. 16, 2005. Govendo entered on Dec. 21, 2005 his written order granting the defendants’ motion to dismiss.

Lizama moved for a speedy review of Atalig’s appeal after the parties in the case agreed that the matter should be expedited as much as possible.

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

Atalig, of the Republican Party, got 11 more votes than Inos, of the Covenant Party.

Govendo agreed with the defendants that Atalig’s claim should be time-barred because the complaint was filed outside the seven-day time limit set forth in the statute.