By Cherrie Anne E. Villahermosa
Variety News Staff

SUPERIOR Court Judge Juan T. Lizama has recused himself from hearing a lawsuit filed against Laolao Bay Golf Course by the director of the Division of Parks and Recreation.
Lizama, in an order yesterday, noted Laolao Bay Golf Course’s attack on his integrity.
He said the facts alleged in the defendant’s memorandum and the accompanying affidavits do not pass the reasonable person test.
“Rather they raise relatively minor concerns that would have been more appropriately addressed in an in-chambers conference,” he said.
“While the court does not wish to sanction a pattern of unsubstantiated recusal motions filed by counsel, the serious implication of impropriety has had a personal impact on Judge Lizama,” the order stated.
“Judge Lizama is concerned that he can no longer maintain the impartiality required to hear the instant case; accordingly, the court voluntarily enters this order of self-recusal,” Lizama’s order stated.
Laolao Bay Golf Course filed a motion to disqualify Lizama on grounds that the judge has personal knowledge of disputed evidentiary facts regarding the subject golf course; that he appears to be personally biased against Saipan Laulau Development Inc., the owner of the golf course; that he appears to be personally biased in favor of the plaintiff’s counsel; and that he has personal knowledge of disputed evidentiary facts regarding Jung Eun Teack.
Laolao Bay Golf Course was sued by Division of Parks and Recreation Director Antonio T. Benavente and his wife Anne Salas Benavente for negligence, loss of consortium and punitive damages.
Antonio T. Benavente sustained injuries while playing golf at Laolao in June 2006.
Benavente was standing on the cart path next to his golf cart when a member of his foursome hit a low line drive shot off the tee toward the 5th fairway.
The ball hit a railing ahead of the tee and deflected backwards hitting Benavente between the eyes, knocking him out and causing a cut in his forehead which required 14 stitches.
The couple, through attorney Robert J. O’Connor, sued the Laolao for negligence and damages on Oct. 5, 2006.
Lizama, in his order, said he is surprised that his knowledge of the golf course would disqualify him from deciding the case.
“Our judicial system presumes that judges are capable of setting aside collateral knowledge they possess and are able to approach every aspect of each case with a neutral and objective disposition,” Lizama said, regarding the allegations of Laolao that his prior playing experience on the golf course “endows him with personal knowledge of disputed evidentiary facts concerning the proceeding.”
Regarding his alleged appearance of bias against Laolao, Lizama said an agent of the establishment refused to admit his son into the resort seven years ago.
Lizama said he declined to pursue any action after determining that the matter was insignificant and since that occasion, he has been a regular customer of Laolao.
Lizama said he “does not consider the event to have generated such an appearance of bias as to require his recusal from any case involving” Laolao.
On the allegation that Lizama appears to be biased in favor of the plaintiff’s counsel, the judge said in years of playing golf with O’Connor, he has never discussed a case or made any extra-judicial reference that would jeopardize his integrity as an impartial judge.
On the issue of familiarity with facts pertaining to Jung Eun Teack, Lizama said he has a general policy of playing golf with anyone who invites him to play so as to avoid the appearance of any bias.
“This policy applies to attorneys as well as individuals such as Jung Eun Teack,” Lizama said.
He added that “it is doubtful that he retains knowledge of anyone else’s playing style.”