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ON OAG’S DECISION TO APPEAL RULING ON ARTICLE 12 INITIATIVE
CEC’s Guerrero says they did not authorize appeal
Commonwealth Election Commission executive director Robert A. Guerrero was caught by surprise when the Office of the Attorney General decided to appeal to the U.S. Court of Appeals for the Ninth Circuit to reverse a recent federal court ruling on the Article 12 initiative matter.
“We don’t know about it,” Guerrero told Saipan Tribune on Friday.
He disclosed that he and commission chair Frances M. Sablan were not informed about assistant attorney general Charles Brasington’s filing of notice of appeal.
“We’re not happy about it. We’re not happy with the Office of the Attorney General,” said Guerrero, adding that they only learned about the appeal in Saipan Tribune’s news article that day, Friday.
Guerrero said he and Sablan will discuss the matter.
Saipan Tribune tried to obtain comments yesterday from outgoing Attorney General Joey San Nicolas, but he did not answer his phone.
Brasington, on behalf of the commission, Sablan, and Guerrero, filed on Thursday a notice informing the U.S. District Court for the NMI that they are appealing to reverse Chief Judge Ramona V. Manglona’s decision on May 20.
In that landmark decision, Manglona ruled that qualified voters who are not of Northern Marianas descents must have the opportunity to vote on the Article 12 initiative and any other initiative to amend Article 12.
Article 12 restricts the acquisition of permanent and long-term interests in real property to persons of Northern Marianas descent.
Manglona issued a summary judgment that favored John H. Davis Jr. in his lawsuit. Davis, a registered voter in the CNMI and a non-NMD, sued CEC and its officials in his desire to vote on any initiative to amend Article 12.
Last Monday, Manglona granted Davis’ request for attorney’s fees and costs in the amount of $10,237.85 for bringing up the lawsuit.
