The court earlier ruled as a matter of law that the position of special assistant for women’s affairs may only be removed “for cause,” according to visiting Senior Judge John C. Coughenour of the West District of Washington.
“My review of the case led me to conclude that the issue of defendant commonwealth’s liability was definitely resolved by the court’s prior order of March 7, 2008,” Coughenour said.
The court found that there was no genuine issue of material fact regarding the removal without cause of the plaintiff, Emerenciana Peter Palican.
“Given those rulings, the issue of liability has been conclusively determined against the commonwealth based on the commonwealth Constitution, and the contract-based claims for relief have thus been rendered moot,” Coughenour said.
He further ruled that the court’s previous rulings are the law of the case.
As such, he said, the only issues remaining are damages and the possibility of attorney’s fees.
“Once the court has that information, it will make its decision and render a final, appealable order and judgment,” Coughenour said.
Palican is represented by attorney Douglas F. Cushnie while Assistant Attorney General David Lochabay represented the CNMI government.
Records showed that then newly elected Gov. Benigno R. Fitial terminated Palican from her position as special assistant for women’s affairs on Jan. 8, 2006.
Palican was an appointee of Gov. Juan N. Babauta who lost to Fitial in the 2005 elections.
