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High Court wants speedy review of Atalig protest
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Posted on Dec 23 2005
The CNMI Supreme Court wants to quickly resolve the appeal of the election protest filed by defeated Rota mayoral candidate Vicente Manglona Atalig.
Justice pro-tempore Juan T. Lizama has ordered the speedy review of Atalig’s appeal after the parties in the case agreed that the matter should be expedited as much as possible.
Lizama set the dates for the hearings in accordance with the NMI Election Reform Act of 2000 that provides for an expedited review of appeals.
Lizama said he would consider the fact that some of the due dates may occur on legal holidays and accordingly reset the dates for the closest following working days.
He said he would begin the periods from the date of the order from the bench ruling of Superior Court Associate Judge Kenneth Govendo.
Lizama said Atalig’s brief is due on Dec. 27, 2005, while appellees Joseph Songao Inos, Commonwealth Election Commission, and its commissioners, have until Jan. 3, 2006 to file their pleadings.
Oral arguments will be on Jan. 5, 2006. The High Court’s judgment will be issued on Jan. 16, 2006, Lizama said.
Atalig has sought court action to compel the counting of 72 unopened ballot envelopes. He sued CEC and its commissioners.
Atalig, of the Republican Party, also named as a real party in interest co-defendant Joseph Inos of the Covenant Party who got 11 more votes than him.
CEC, the commissioners, and Inos argued that Atalig’s claim should be time-barred because the complaint was filed outside the seven-day time limit set forth in the statute.
Govendo agreed with the defendants and issued last week on the bench an order dismissing the lawsuit.
Govendo said that, by waiting until Dec. 2, 2005, to file his compliant, Atalig surpassed the seven-day limit set forth in the statute.
“Because Atalig’s complaint was untimely, this court does not have jurisdiction over this matter,” the judge said.
Atalig, through counsel Stephen Woodruff, appealed to the CNMI Supreme Court.
