Judge wants to see docs on payments to DC law firm

Superior Court Associate Judge David A. Wiseman has ordered Gov. Benigno R. Fitial and Lt. Gov. Eloy Inos to deliver to the court documents relating to payments to the law firm that is handling the CNMI’s lawsuit against federalization.

Wiseman directed Fitial and Inos to provide the documents on or before May 28, 2009 in a sealed envelope for the court’s “in camera” review.

A legal proceeding is “in camera” when a hearing is held before the judge in his or her private chambers or when the public is excluded from the courtroom.

Wiseman said the documents should include all items identified as “billing invoice,” “voucher/payment,” “supplier payment inquiry,” and item numbers 30-34 in the defendants’ privilege log.

Fitial hired a U.S. law firm, Jenner and Block, in the CNMI’s lawsuit opposing federal control of local immigration.

Wiseman also ordered Fitial and Inos to file on or before May 28 a document that clarifies or corrects a previous misinformation about the governor’s account number.

Assistant attorney general Braddock Huesman, counsel for Fitial and Inos, earlier admitted that the governor’s account number that was previously provided to Rep. Tina Sablan was erroneously identified.

Rep. Sablan had brought to the court’s attention during the May 14 hearing that the account number provided her by acting Attorney General Gregory Baka does not exist. The account number was supposedly the funding source for the federalization lawsuit. Sablan said she is not sure whether or not it was an honest error.

Sablan appeared without a lawyer during the May 14 hearing. Government lawyer Meaghan Hassel-Shearer appeared on behalf of Fitial and Inos.

A day before the hearing, Huesman had asked for a continuance in the proceedings until the second week of June, citing business and medical reasons.

Wiseman found good cause for Huesman’s motion and granted partial continuance, thereby only discussing a portion of the pending issues at the hearing on May 14.

Wiseman said that, as noted at the hearing, the Open Government Act provides for an expedited litigation schedule.

“In view of this, the court has exercised diligence in efforts to comply with the expedited scheduling required by the law,” he said.

Thus, the judge noted, while an additional short continuance will be granted, Huesman’s request to postpone the matter until mid-June cannot be accommodated.

Wiseman ordered that a hearing on this matter be held on June 4, 2009 at 1:30pm, at which time Huesman or another counsel who is able to do so, is directed to come and be prepared to argue the government’s position in this case.

Sablan sued Fitial and Inos to compel the administration to disclose where it is getting the money to fund the lawsuit against federalization.

Huesman argued that forcing the CNMI to release sensitive information that the federal government is not entitled to contravenes the purpose of a statute that deals with litigation exceptions to the OGA.