Arriola is held in contempt of court

Superior Court Associate Judge Juan T. Lizama has issued a written order holding ousted Rita Kaipat estate administrator Luis K. Pelissamen’s former counsel, Joseph A. Arriola, in contempt of court

“Mr. J. Arriola is in contempt of court for filing an inaccurate inventory on Feb. 27, 2006, for failure to file a proper accounting of funds improperly given to surveyors, and failure to retrieve these funds,” said Lizama in his order issued Thursday.

The Saipan Tribune contacted Arriola’s office for comment yesterday, but he was not available. He did not return Tribune’s call.

Lizama referred the issue of Arriola’s noncompliance with his orders to Superior Court Presiding Judge Robert C. Naraja “in accordance with the Disciplinary Rules and Procedures for Persons Practicing Law in the Court’s of the Commonwealth.”

The judge also referred the issue of the manner in which the Rita Kaipat estate account at the Bank of Hawaii was established to the CNMI Bar Association’s Disciplinary Committee.

On Tuesday, Lizama orally ruled that the court is taking the position that Arriola’s acts or conducts in the case are not sufficient to hold him in contempt.

Lizama stated that, as of that day, Arriola is completely removed from the probate.

The judge, however, noted that, although the lawyer is removed, he is still deemed subject to contempt of court once the court—upon further review of evidence and records—finds it appropriate to do so.

In his written order issued Thursday, Lizama said that following the April 4, 2006 hearing, the court ordered that funds be distributed to the Rita Kaipat estate’s claimants.

The distribution order provided for the transfer of $10,000 in legal fees to attorney Reynaldo Yana and $273,411.678 to each of the five heirs of Rita Kaipat, including the estate of Carmen Guelles.

At the April 18, 2006 hearing, Lizama said he learned that these transfers had not been made. He gave Pelisamen and Arriola another chance to make these transfers.

However, Lizama said, a check made out to the Guelles estate bounced, while the Jesus Faisao estate never received its share.

The judge said that, following the April 18 hearing, he ordered Pelisamen through Arriola to file a quiet title action for a certain land.

“This was not done. Nor did administrator pursue any distribution plan for the real property of the estate,” Lizama said.

He said neither Pelisamen nor Arriola filed a revised accounting of fees allegedly owed the surveyors, which was due May 2, 2006.

“Nor were the fees returned to the estate, as the court had ordered,” the judge said.

Lizama also referred to the Attorney General’s Office the investigation of Arriola’s allegations about Pelisamen’s forgery on checks drawn from the Rita Kaipat estate account.

On Pelisamen’s non-appearance in court during Tuesday’s hearing, the judge said that as of Thursday the court has received a valid excuse for Pelisamen’s failure to appear.

Just before that hearing, the court received a letter, signed by a doctor, purporting to be a medical excuse for Pelisamen’s nonappearance.

The Rita Kaipat estate was awarded by the defunct Marianas Public Lands Authority $4.7 million in land compensation settlement. The amount was split equally among three estates, Rita, Isaac, and Benigno Kaipat.

On Nov. 25, 2005, Arriola and Pelisamen opened a checking account in the amount of $1,377,058.39 at the Bank of Hawaii under the account name: Estate of Rita Kaipat. The court discovered that the money in the account had dwindled to less than $20,000.