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‘Laws passed in violation of OGA are null and void’
Hunter’s counsel, however, states that particular remedy not addressed in their settlement deal
Under the Open Government Act, laws passed in violation of the OGA are null and void, but that particular remedy was not addressed in the settlement agreement between private citizen Glen Hunter, Lt. Gov. Ralph DLG. Torres, and two lawmakers, according to Hunter’s counsel, Jennifer Dockter, yesterday.
Dockter told Saipan Tribune that the effect of the admission of Torres, House Speaker Joseph P. Deleon Guerrero (R-Saipan), and House vice speaker Rafael S. Demapan (R-Saipan) to OGA violations in the second version of the casino law (the repeal and reenact) is unknown.
In settling Hunter’s OGA lawsuit, Torres, Deleon Guerrero, and Demapan admitted to violating the OGA in the enactment of public laws 18-38 and 18-43, also known as the Saipan casino law.
Torres and the two lawmakers also agreed to pay Hunter’s counsel, Dockter, $10,000 as payment for all attorney’s fees in prosecuting the claims. The parties agreed that all other fees and costs shall be waived. Hunter claimed to have incurred attorney’s fees in excess of $20,000.
As part of the deal, the parties moved to dismiss the lawsuit with prejudice, which means Hunter cannot re-open it anymore. Superior Court Associate Judge David A. Wiseman granted the motion on Wednesday.
On the $10,000 attorney’s fees, Dockter said the amount has already been paid on a government check.
She said the defendants should be the ones asked whether the money came from their own pockets or from public funds.
When asked for comment about the settlement of the OGA lawsuit, Dockter said the manner in which the first casino bill was passed offends basic notions of how an honest and transparent government should conduct itself.
Dockter said the admission of OGA violations by some of the CNMI’s highest officials is a great step toward a more open, more transparent government.
She said Hunter hopes this lawsuit and ultimate settlement function as a springboard for the education of not only public officials but also for citizens who demand to be part of the legislative process.
“The OGA is one tool that citizens—like Hunter—should not be afraid to use to ensure that they are not forced to sit idly by while their role in democracy is eroded,” the lawyer pointed out.
Hunter sued the government, Gov. Eloy S. Inos, the Lottery Commission, Torres, Deleon Guerrero, Demapan, and Rep. Felicidad Ogumoro (R-Saipan) for violating the OGA when they enacted the Saipan Casino Act without following the OGA’s public notice provisions.
Prior to the settlement deal, the parties agreed to dismiss the claims against Inos and Ogumoro.
Last October, Wiseman dismissed the Lottery Commission as a party to the lawsuit.
