Lang has to get a lawyer, says AG

Embattled former Gov. Froilan C. Tenorio has to get a new lawyer and pay for his own defense to appeal a 1997 court ruling that ordered him to pay $12.4 million to the CNMI people for unlawful expenditures of public funds.

This was the contention of acting Attorney General Maya B. Kara, who yesterday reaffirmed the administration’s initial rejection of any legal or financial assistance to the ex-governor because it is no longer a government obligation.

“He has to get a new counsel by today (Thursday),” she told reporters in an interview. “The court will decide whether he is or not” entitled to the assistance which Froilan sought from Gov. Pedro P. Tenorio in their meeting last week.

Froilan has argued the AG misinterpreted provisions of an existing law on public employee legal defense and indemnification that the present administration used to deny him help.

But Kara maintained that since the court has ruled on the case against his favor, the government is not bound anymore to continue providing its services to contest the decision.

“Now that he has been found culpable of an act of wrongdoing that exceeds the scope of his authority as governor, then the act no longer requires us to continue to provide us for his defense,” she said.

The former governor, however, could appeal the AG’s decision if his new attorney files a motion in the court to weigh his arguments, according to the chief government lawyer.

“This will be appealed and if the end of the appeal it turns out that he’s been vindicated, that is a totally different question,” Kara pointed out.

“But right now, the court has ruled in a final appealable judgment that he’s culpable and once that determination has been made, the government is no longer required to either pay or provide him legal defense.”

Froilan met with Teno last Oct. 15 asking for a legal assistance on his appeal against the Superior court ruling on a taxpayers’ lawsuit that awarded $12.4 million to the CNMI people.

The case stemmed from charges initiated by Jeanne Rayphand that accused Froilan of spending public funds without legislative appropriation in 1994 while in office.

Handed down in 1997, Special Judge Benjamin J.F. Cruz from Guam is scheduled to hear the appeal next month, although a new attorney for the defense is expected to be decided today.

According to court documents, Kara asked a new hearing schedule in order to allow the former governor to hire a new lawyer to defend him. Rayphand, through her lawyer Ted Mitchell, had sought a court ruling to disqualify the AGO from representing Froilan.

The former governor has maintained innocence, saying he did not err when he tapped public funds since at that time his administration was operating under a continuing resolution which allowed him unlimited reprogramming authority on condition that he won’t exceed appropriations.

He said this was supported by a legal opinion drafted by the AG’s office that was not presented to the judge.