OAG moves to reconsider Naraja’s order in traffic case against Zarones

The Office of the Attorney General has filed an emergency motion requesting Superior Court Presiding Judge Robert C. Naraja to reconsider his earlier order for the OAG to appoint a special prosecutor to handle the traffic case of Chief Solicitor James M. Zarones.

Assistant attorney general J. Robert Glass Jr. said that neither the Commonwealth nor Zarones moved to recuse the OAG in this case.

Glass said during arraignment of Zarones last Nov.3, it was brought up that the OAG might be conflicted out of the proceeding due to Zarones working for the OAG.

Glass said since neither party moved for recusal, Naraja’s order should be characterized as sua sponte—which refers to judge’s actions taken without a prior motion for request from the parties.

Citing a CNMI Supreme Court ruling, Glass said the high court held that under limited circumstances, the trial court can disqualify the OAG and appoint a special prosecutor.

Glass said there is a question as to whether it is a violation of the due process clause to disqualify the OAG without notice and a hearing.

Zarones is accused of violating 9CMC Section 5352 (failure to yield).

At the arraignment last Nov. 3, a conversation ensued about a possible conflict in the OAG prosecuting its employee. Naraja then ordered the OAG to appoint a special prosecutor by Nov. 10, 2016.

The court filed a minute order on Nov. 9, indicating that the government moved to recuse the OAG from prosecuting the matter because Zarones is an employee.

But Glass said the government made no such motion. Glass asked the court to correct its order to reflect that the ruling was sua sponge.

Superior Court Associate Judge Joseph N. Camacho Monday set a hearing on the emergency motion for Dec. 15, 2016 at 1:30pm.

Camacho recently ordered Glass to brief the issue as to what legal authority the OAG is relying on to disobey or ignore Naraja’s written order.

Camacho said the OAG has not appointed a special prosecutor.

According to court documents, Zarones was driving a blue Toyota Rav 4 along Chalan Pale Arnold in Chalan Laulau when the accident happened in the afternoon last Oct. 5. Police officer J. Mendiola issued the traffic citation for failure to yield to right of way. The citation indicated the word “sideswipe” which means that Zarones’ vehicle hit another car. Zarones pleaded not guilty.