Court stops relocation of Babauta

Superior Court Associate Judge Juan T. Lizama on Friday issued a temporary restraining order (TRO) to halt the relocation of Resident Representative to Washington Juan N. Babauta from his Saipan’s office in the Legislature Building in Capitol Hill.

He set a hearing date on May 15, 2000 on the complaint filed by his lawyer, John M. Chambers, seeking to stop the eviction as well as to pay undetermined damages, attorney’s fees and costs and to issue other legal and equitable relief deemed appropriate by the court.

House Speaker Benigno R. Fitial was named defendant to the lawsuit which came just hours before the deadline of his final warning that ordered Mr. Babauta to vacate the office by 2:00 p.m. last Friday and instructed the sergeant at arms to carry out the ultimatum.

Issued just hours before the deadline, the TRO allows the representative’s office to remain in its present location at the front of the Legislature building.

Judge Lizama said issues relating to the TRO’s extension or termination and any request for a preliminary injunction will be considered at the May 15 hearing.

According to the order, the House is prohibited from evicting Mr. Babauta or his employees and their possessions from the public building as well as harassing or interfering with the operations of the office.

The House leadership has been asking Mr. Babauta to vacate the space since January 31 as it has been allotted to Rep. Martin B. Ada who is currently sharing office with Rep. David M. Apatang. Mr. Fitial was forced to send a final notice last Thursday after two initial requests were left unheeded.

Based on documents submitted to the court, Mr. Babauta claimed they are awaiting renovation on another government property assigned as official residence of the House Speaker and located also in Capitol Hill before they can transfer.

The renovation is estimated by the Department of Public Works to cost over $70,000 and Senate President Paul A. Manglona had written to Mr. Fitial to earmark the funds from the FY 2000 budget or the next appropriation package.

The complaint, however, alleged Mr. Fitial or any member of the House does not have the authority to order transfer of Mr. Babauta’s office since the Legislative Bureau director has the sole responsibility to the building.

In fact, the Washington representative’s office has been situated within the legislative halls for the past 12 years and that Mr. Babauta specifically made improvement to the site at the cost of $30,000 in 1997.

The complaint challenged Mr. Fitial’s authority to order the eviction as the House rules do not cover the office space provided to Mr. Babauta.

It also claimed there is enough space to hold all 18 House members, noting that Rep. Brigida DLG. Ichihara now occupies offices used to be assigned to Rep. Heinz S. Hofschneider and former Rep. Benet Seman.

But Ms. Ichihara’s office is situated in the small room one occupied by Ms. Seman, while Mr. Hofschneider’s office has been converted into a conference room where committee meetings are being held. (BS)