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SC disqualifies Arriola from gambling case
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Posted on Nov 19 1999
A lawyer who is working as a legal counsel for the government cannot represent a private client who is questioning the decision of a government entity before the court.
This was the gist of the ruling of Superior Court Associate Judge Timothy Bellas yesterday when he disqualified lawyer Joseph Arriola from defending his clients accused of illegal gambling because they are also contesting a government entity he also represents.
Arriola, who works as Senate legal counsel is at the same time defending Cheung Pin Ying and seven others charged with illegal gambling. He is also representing Cheung, a co-plaintiff of former Senate President Juan S. Demapan in the $3 million civil lawsuit alleging illegal arrest and seizure of properties.
Since lawyers have ethical responsibilities to their clients, the decision said it is important to determine whether a conflict of interest really exist in the case.
Who is Arriola’s client? The Senate or the entire CNMI government? According to the Government Ethics Act, the definition of the government includes both the executive and the legislative branches of the CNMI government. This simply means that Arriola represents the entire government.
And because Arriola has raised the issue on behalf of his private client whose interest is clearly adverse to that of the CNMI government which is his other client, then the conflict is real and not merely apparent.
Aside from working as a Senate legal counsel, Arriola is also serving on the Board of Parole, but Bellas did not find any conflict with Arriola’s board position and his private law practice.
The Attorney General’s Office had sought Arriola’s disqualification on the case on grounds that he violated the Government Ethics Act which prohibits public officials and employees from representing individuals contesting a government entity in a court case.
Arriola’s client was among the nine persons arrested during a raid conducted by a team from the AGO Investigative Unit at East Ocean. The team also seized gambling paraphernalia and business properties.
