Judge awards Radich couple $101K in attorney’s fees, costs

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has granted the request of U.S. Navy veteran David J. Radich and his wife, Li-Rong, for payment to their two lawyers of attorney’s fees and expenses for prevailing in their lawsuit that challenged the constitutionality of the CNMI gun’s control law.

In a 17-page order issued on Tuesday, Manglona awarded the Radich couple a total of $101,638.62 in attorney’s fees and court costs instead of the requested $103,913.83.

Manglona awarded the couple attorney’s fees in the amount of $78,375 for attorney David G. Sigale’s work and $15,120 for Daniel T. Guidotti’s work, or for a total of $93,495. The judge also awarded costs in the amount of $8,143.62.

The Radiches’ request is for $80,325 in attorney’s fees for Sigale and $15,347.50 in fees for Guidotti, and $8,241.33 in costs.

Manglona said defendants Department of Public Safety Commissioner Robert Guerrero and Department of Finance Secretary Larrisa Larson shall pay the total fees and costs awarded in this case within 30 days from this order.

Manglona said it is undisputed that the Radiches are the prevailing party in this case.

Manglona said to encourage private citizens to bring actions for injunctive relief that advance the public interest in vindicating civil rights, “the prevailing plaintiff should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.”

In defendants’ opposition to the Radiches’ request, assistant attorney general James M. Zarones said plaintiffs are requesting fees that could not reasonably be billed to a private client.

Zarones said plaintiffs failed to provide the court with evidence of the prevailing market rates in the NMI.

Zarones argued, among other things, that plaintiffs’ attorneys are requesting fees for clerical work and work that should have been performed by paralegals.

In granting the motion, Manglona said in determining a reasonable hourly rate, the district court considers the requesting attorney’s experience, skill, and reputation.

Manglona said she finds that this type of exceptional civil rights where the relevant community is national, not local.

Manglona noted that this is the first gun-rights case to be brought in this district and that the area of Second Amendment law is highly specialized.

The judge said the number of active private attorneys in the CNMI Bar cannot be much more than a 100, but most of whom have never brought a civil rights case.

She said for many local attorneys, this would have been an undesirable case to take.

Manglona said the CNMI has practically no history of private ownership of handguns or any other firearms besides hunting rifles.

“The prospect of opening up a private market for handguns in the CNMI has been met with something less then widespread public support,” she said.

At the hearing, Guidotti informed the court that six or seven prominent local attorneys had turned down the case before he, one of the younger members of the Bar, agreed to serve as local counsel for the Radiches.

“For these reasons, the court finds that Sigale’s fee of $500 an hour is reasonable,” Manglona said.

The judge also determined that Guidotti’s fee of $175 an hour is a reasonable rate.

In reducing the fees, Manglona agreed with defendants that work on filing a pro hac vice application for Sigale should not be compensated at the attorney rate.

Manglona said it does not require legal skill to fill out this district’s application, which is available in a standardized online form and asks for contact and bar admission information.

Manglona cut this award from $900 (1.8 hours at $500 hour) to $450.

On preparation for a civil cover sheet, completion of ECF registration, and drafting of an entry of appearance and an exhibit list, Manglona said these tasks are either clerical or paralegal work, but not billable at attorney rates.

The judge cut Sigale’s compensation to $275 from the requested $550.

With respect to time spent on the summons, Manglona agreed with defendants that this could have done by local counsel at a more modest hourly rate.

Manglona awarded $100 in compensation instead of the $500 an hour for 0.4 hours’ work.

On consultation with third parties, the judge awarded Sigale the full fee of $1,250 for his time consulting with Gary Peterson, but will not give him travel expenses or hotel costs.

At the hearing, Sigale said Peterson provided him facts concerning on the Radiches’ experience as well as introduction to the unique laws of the CNMI.

In summary, Manglona reduced Sigale’s award at his full rate from the requested $54,600 to $53,875. She reduced the award for travel time from $25,725 to $24,500.

Manglona said hotel charges of $132.71 from the meeting with Peterson will be deducted from the award of costs.

On Guidotti’s fees, the judge reduced the award of fees from the requested $15,347.50 to $15,120.

Manglona said the award for the 2.6 hours on work for pro hac vice application will be halved to $227.50.

Manglona has declared unconstitutional the CNMI gun’s control law that prohibits all residents from obtaining handguns for self-defense purposes.

Manglona ruled that the handgun and handgun ammunition and their import ban contained in the provisions of the CNMI Weapons Control Act are declared unconstitutional and in violation of the Covenant that incorporated the Second Amendment to the U.S. Constitution.

Manglona issued the ruling favorable to the Radich couple, who have filed a lawsuit against then-DPS commissioner James C. Deleon Guerrero and Finance Secretary Larson, that challenges the constitutionality of the CNMI Weapons Control Act that prohibits all residents from obtaining handguns for self-defense purposes.

According to the complaint, in 2010, while Mr. Radich was away and his wife, Li-Rong, was at home alone on Saipan, their house was invaded.

Li-Rong was attacked and beaten up resulting in serious injuries. She screamed out for help, prompting the invader to leave.

The couple applied for weapons permit in July 2013. No permit was granted, prompting them to sue.