Jorgensen filed the case last year against Gov. Benigno R. Fitial and officials of the Retirement Fund in their official capacities.
The lawyer said the board members are all political appointees who are beholden to the administration, particularly on the issue of the $231 million unpaid government contributions, as ruled by the CNMI Superior Court.
On Jan. 14, the federal court held a remote hearing on Jorgensen’s motion with the defendants’ counsels — Assistant Attorney General Elchinon Golob, for the governor; James Hollman for the Retirement Fund; Viola Alepuyo and Deborah Fisher for the Retirement Fund board of trustees
Munson said he finds Jorgensen’s arguments compelling except for one — that his clients remain anonymous for fear of retribution.
Jorgensen said the anonymity of his clients shouldn’t be an issue as was the case in the landmark Roe v. Wade decision of the U.S. Supreme Court in 1973.
“At least for now,” Munson said, “the court believes it should abstain from further action under Colorado River Water Conser. Dist. v. United States, 424 U.S. 800,817 (1976).”
The judge added, “Under Colorado River, a court may stay or dismiss a suit where another court has concurrent jurisdiction and principles of wise judicial administration counsel deference to the other proceeding.”
He said “all matters in this court are stayed for 60 days from the date of this order. At the end of the abstention period the court will re-visit its abstention decision upon motion of any party or its own motion.”
The judge said the stay “will allow intervention in the Superior Court by interested parties to seek themselves — or to compel the Fund and its board to pursue — post-judgment remedies in that court.”
According to Munson, the local trial court “has the power — and has already indicated its willingness to consider exercising its full powers — to issue orders sufficient to enable the Fund to satisfy its judgment.”
