Supreme Court warns Mitchell anew

The Supreme Court yesterday ordered lawyers Jeanne Rayphand and Theodore R. Mitchell or anyone acting on their behalf to stop filing or serving deposition notice without first seeking permission from the court.

In an order written by Supreme Court Associate Justice Alexandro C. Castro, the high court quashed the notice of deposition on oral examination of Lt. Gov. Jesus R. Sablan and his wife Annie, Chief Justice Miguel S. Demapan and his wife Frances, and Soledad T. Tenorio for lack of legal basis.

“The court will not allow Rayphand or Mitchell to subject a non-party to unnecessary time and expense,” Justice Castro said. Ms. Rayphand is the counsel for suspended lawyer Mitchell.

Justice Castro directed Ms. Rayphand to cease and desist from filing unmeritorious notices or motions in an attempt to disrupt the orderly resolution of the case.

He warned both Ms. Rayphand and Mr. Mitchell that failure to comply with the court’s order shall result in appropriate sanction which includes suspension, disciplinary action, and/or criminal contempt since their conduct have “inexcusably wasted judicial resources.”

The high court’s decision stemmed from the filing of notices of deposition directing the five individuals to appear at the office of Mr. Mitchell between Oct. 30 and Nov. 2, 2000.

Curiously, not one of the individuals are parties to the case. Justice Castro said there was no proof of service filed with the court indicating that these individuals have been served with their deposition notices.

Justice Castro emphasized that neither Ms. Rayphand or Mr. Mitchell provided any legal authority for the depositions or even explained the connection, if any, between the individuals who were given notices and the court’s order.

The high court has earlier suspended Mr. Mitchell from the practice of law for disobeying a court order in connection with a civil case pending before the tribunal. A hearing on the disciplinary case against Mr. Mitchell has been set on Nov. 9, 2000.

Since then, Mr. Mitchell has been issuing notices of deposition to various parties which have been thrown out by the court.
The court has ordered Mr. Mitchell to stop the use of dilatory tactics in his effort to delay the resolution of the contempt case filed against him. (LFR)