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Special panel to be formed to hear Mitchell’s case
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Posted on Sep 25 2000
The special panel of justices currently hearing the disciplinary case against suspended lawyer Theodore R. Mitchell will appoint a special master who will conduct an evidentiary hearing and submit the necessary recommendations.
During Friday’s hearing at the Supreme Court, Associate Justice Alexandro C. Castro hinted that Mr. Mitchell’s client Juan San Nicolas should begin looking for another lawyer to represent him citing conflict of interest.
“The court is concerned that there maybe a conflict between your interest and your attorney’s interest and as a result, your interest may not be fully protected. The panel strongly recommends that you seek a second opinion,” Justice Castro said.
The three-man panel headed by Justice Castro with Justice Pro Tem Pedro Atalig and Justice Pro Tem Alberto C. Lamorena III will issue a written opinion on the writ of mandamus after the high tribunal has taken the matter under advisement.
Earlier, Justice Castro has warned Mr. Mitchell to stop the use of dilatory tactics in his effort to delay the resolution of the disciplinary case against him adding that failure to comply with the directive shall result in appropriate sanctions.
Mr. Mitchell was suspended from practice last Aug. 1 for disobeying an earlier order in connection with the lawsuit filed by Mr. Nicolas after he suffered an accident at the Lao Lao golf course.
The high court has earlier directed Mr. Mitchell and his client Mr. San Nicolas to turn over $800,056.38 plus interest to the account of Saipan Lau Lau Development and Shimizu Corp. But the two have continued to defy the court’s order.
