OAG bid to clarify terms denied

The Office of the Attorney General’s motion for clarification on the terms “vehicle owned” or “leased” was denied Tuesday, as the misuse of a government vehicle case against former Labor secretary Edith Eleanor DeLeon Guerrero moved forward.

Superior Court Associate Judge Joseph N. Camacho said the motion for clarification of law is denied since the OAG provided no legal basis for its motion.

“Without any analysis, it is unclear how this motion, which could be one of any number of improper requests, is a proper motion for the court to rule on,” Camacho said.

Accordingly, the judge said, the court need not reach the issue whether the government has standing to bring this motion, nor whether the court will consider the issue of the interpretation of the meaning of “government vehicle.”

Camacho admonished assistant attorney general J. Robert Glass Jr. and reminded him to be frank with the court, pursuant to ABA Model Rules of Professional Conduct.

Camacho noted that the prosecutor misrepresented the status in the Supreme Court of the traffic case against former education commissioner Rita Sablan.

At the Jan. 31, 2017, hearing, Glass repeatedly emphasized that the government’s case against Sablan was still awaiting rehearing at the CNMI Supreme Court, specifically on the definition of “government vehicle.”

Camacho pointed out that the CNMI Supreme Court had already issued an order regarding the motion for reconsideration in Sablan’s case.

The judge said Glass repeatedly stated that the CNMI Supreme Court was still considering the government’s motion for rehearing and that the high court would be deciding the exact issue of what constitutes a “government vehicle.”

Camacho said this representation is incorrect, since the high court had issued an order regarding the motion for reconsideration 16 days earlier, and the Supreme Court did not address the definition of “government vehicle.”

In opposing the OAG’s motion for clarification, DeLeon Guerrero, through assistant public defender Heather Zona, asserted that the court should reject the motion since it fails to provide a legal basis.

DeLeon Guerrero’s counsel also argued that the court should also deny OAG’s motion as the government lacks standing, as any interpretation of the statute in question will not affect the proceedings in the traffic case filed against her.

Last Oct. 1, 2016, DeLeon Guerrero was cited for violating the restriction on the use of government vehicles such as driving a government vehicle that does not bear a government license plate, driving an unmarked government vehicle, and operating a government vehicle with tinting on its windows.

DeLeon Guerrero pleaded not guilty. She said it’s a rental car and obviously not government property.

Each of three charges is punishable by a fine of up to $500 and/or three days of imprisonment. According to court documents, police officer Jesus Santos issued the traffic citation against DeLeon Guerrero on Oct. 16, 2016. DeLeon Guerrero was the driver of a red five-door Toyota car with license plate ACU-788. The car is registered to Marfega Trading Co. Inc.

The bench trial of DeLeon Guerrero was supposed to start last June 7, but Camacho vacated it because of the OAG’s motion for clarification.