MAGISTRATE Judge Heather Kennedy of the District Court for the NMI has ordered Rota Mayor Efraim Atalig to show cause no later than May 17, 2021 why he should not be required to reimburse the Criminal Justice Act fund for all or part of his legal fees.
Efraim Atalig
The mayor must file — under penalty of perjury — a declaration about his current financial status, including copies of his 2020 and 2021 tax returns.
“These documents shall be filed under seal to ensure that Atalig’s personal financial information is not publicly released,” the magistrate judge said in her order.
She also directed the U.S. government to respond no later than May 31 with any information it possesses about Atalig’s financial condition, about any changes in Atalig’s financial status since the inception of his case, or any other reason why Atalig should be required to reimburse the CJA fund for the representation of his defense.
Judge Kennedy likewise ordered Atalig’s attorney, David Banes, to submit no later than May 17 his final voucher with the accounting of his time and expenses for representing the mayor.
Judge Kennedy scheduled a hearing for June 2, 2021 at 9 a.m.
The order noted that Atalig was advised that any assets from his divorce may be used as reimbursement for attorney’s fees.
According to the magistrate judge, in early December 2020, Banes began submitting his CJA vouchers requesting payments for legal fees and expenses for representing Atalig.
Mayor Atalig and his girlfriend, Evelyn Atalig, were charged with conspiracy, wire fraud and making a false statement.
A jury trial was held for seven days and jurors returned a verdict of not guilty on all counts on Aug. 26, 2020.
In Superior Court, the Attorney General’s Office will suspend the prosecution of the mayor following his acceptance to the Adult Diversion Program of the CNMI Office of Adult Probation.
The Mayor and seven of his current and former resident directors were charged by the AG’s office with misconduct in public office in connection with 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.
To suspend the prosecution against him, Mayor Atalig is required to pay restitution of $1,631.97 for improper approval of per diem payments.
