DISTRICT Court for the NMI Magistrate Judge Heather Kennedy will decide whether Rota Mayor Efraim Atalig should reimburse the federal Criminal Justice Act or CJA, which paid for his legal fees.
At a show cause hearing on June 2, Judge Kennedy said she will determine if the mayor is able to partially pay for attorney’s fees and costs.
For his part, Assistant U.S. Attorney Eric O’Malley told the court that the U.S. government had reviewed the Rota mayor’s financial affidavit and had no further information to provide.
Judge Kennedy excused the U.S. government from the proceedings.
At the hearing, the Rota mayor appeared through teleconference and was represented by attorney Cong Nie who provided the court with updates on Atalig’s assets and his ability to pay.
Judge Kennedy said she would take the matter under advisement and issue a written decision.
In early December 2020, Atalig’s court-appointed attorney David Banes began submitting his CJA vouchers requesting payments for legal fees and expenses for representing Atalig.
In November 2018, the mayor and his girlfriend, Evelyn Atalig, were charged with conspiracy, wire fraud and making a false statement, but a federal jury found them not guilty in August 2020.
In CNMI Superior Court, the Rota mayor and seven of his current and former resident directors were charged with misconduct in public office in connection with their attending a Guam Republican campaign rally in June 2018.
The former/current resident directors have already disposed the cases against them through a plea agreement or by participating in the Adult Diversion Program of the CNMI Office of Adult Probation.
As for Mayor Atalig, the Attorney General’s Office suspended his prosecution following his acceptance to the Adult Diversion Program.
The mayor was also required to pay restitution of $1,631.97 for the improper approval of his per diem payments.
