CHIEF Judge Ramona V. Manglona of the District Court for the NMI has tasked the magistrate judge, Heather Kennedy, to determine if Rota Mayor Efraim Atalig has the financial ability to reimburse a portion, or all, of the Criminal Justice Act or CJA funds used to pay for his counsel.
Heather Kennedy
Mayor Atalig and his girlfriend Evelyn Atalig were indicted on the charges of conspiracy, wire fraud and making a false statement, but a jury acquitted them in August. 2020.
According to Judge Manglona’s order, the court initially appointed attorney Bruce Berline to represent Mayor Atalig as CJA counsel.
On Jan. 30, 2019, the court granted Berline’s motion to withdraw as counsel and appointed attorney David Banes as CJA counsel for Atalig.
In early December 2020, Banes began submitting his CJA vouchers requesting payments for legal fees and expenses for representing Atalig.
The court said it is in the process of reviewing and approving the vouchers, but it will determine what contribution, if any, Mayor Atalig is financially able to make toward his legal fees and expenses.
The court noted that when attorney Banes was appointed as the mayor’s counsel, the court advised Mayor Atalig that any assets from his divorce may be used as reimbursement for attorney’s fees.
Court documents did not indicate Banes’s hourly rate. As for the mayor, CNMI law states that he receives an annual salary of $75,000.
Prosecution suspended
In related news, the CNMI Attorney General’s Office is suspending the prosecution of the Rota mayor following his acceptance to the Adult Diversion Program under the CNMI Office of Adult Probation.
The Rota mayor and seven of his current and former resident directors were charged in the local trial court with misconduct in public office in connection with their attending a Guam Republican campaign rally.
The former/current resident directors have already disposed the cases against them through a plea agreement or by participating in an adult diversion program.
Mayor Atalig was the only remaining defendant in the local case.
Chief Prosecutor John Bradley in a previous statement to Variety said the AG’s office would file a motion suspending the prosecution if Mayor Atalig “completes the supervision successfully, which requires payment of restitution in the amount of $1,631.97 for improper approval of per diem payments.” The case will then be dismissed, he added.
