Ex-AG Kosack to defend Brown’s legitimacy

Former attorney general Rexford Kosack will defend the legitimacy of incumbent attorney general Pamela Brown in a lawsuit that seeks to declare the latter as holding the government position illegally.

The law offices of Kosack recently appeared in court on Brown’s behalf, asking the Superior Court to give them more time to respond to the lawsuit filed by former Senate President Juan S. Demapan.

Associate Judge Ramona Manglona granted the request, extending the deadline to Jan. 28.

The pleading would be the first official response by Brown to defend her legitimacy as attorney general in a judicial proceeding.

Earlier, though, Brown defended her legitimacy in a media conference, asserting that her confirmation by the Senate on Nov. 17, 2003 was valid. She said she never assumed the attorney general post in an acting capacity after Gov. Juan N. Babauta nominated her to the position on June 16 that year.

The law states: “If the appointment is not confirmed by the Senate…within 90 days from the date the person was temporarily appointed, the appointment shall automatically terminate, the position shall become vacant and the person nominated shall not be re-nominated.”

The 90-day period from the time of the nomination fell on Sept. 14, 2003, when the Senate held no session.

On Sept. 17, 2003, the Senate explicitly rejected Brown’s nomination. The Senate action transpired when the minority bloc led by Sen. Pete Reyes took control over the Upper House’s leadership. The new leadership called for a session and, with four senators present, three of them voted to reject Brown’s confirmation. One lawmaker abstained from voting.

On the same day, Reyes, who took over the post of Senate President, wrote a letter to Babauta to inform the governor that the Senate rejected his nomination of Brown.

On Nov. 17, 2003, however, five senators convened on Rota to regain the Senate leadership. The four minority senators who had taken over the leadership were absent. In that session, the five senators unanimously voted in favor of Brown’s confirmation.

Demapan, brother of Supreme Court chief justice Miguel Demapan, is represented by lawyer Pedro Atalig, a former Supreme Court justice, in the lawsuit he filed against Brown.

Demapan contended that Brown’s alleged unlawful holding of the attorney general post has resulted in unlawful expenditure of public funds through payment of her salary and expenses.

Brown’s filing of a lawsuit to block the payment of some $3.45 million in land compensation claim to the Malite estate triggered the filing of the suit to unseat her from the attorney general post. Demapan’s lawyer, Atalig, is also the lead attorney of the Malite estate.