By Bryan Manabat
[email protected]
Variety News Staff
SUPERIOR Court Associate Judge Kenneth L. Govendo has ordered the parties in the Tinian stablecoin lawsuit to submit proposed certified questions by the end of February, tightening the timeline in a case that has been stalled since Attorney General Edward Manibusan moved last year to block the law.
Manibusan sought a court injunction to stop enforcement of Tinian Local Law 24-03 and has asked the Superior Court to declare the measure unconstitutional. The late Gov. Arnold I. Palacios vetoed the bill based on the attorney general’s legal opinion, but both houses of the Legislature overrode the veto.
The law authorizes internet gambling on Tinian and the creation of a digital currency initially called the “Tinian Stable Token,” later rebranded as the “Marianas U.S. Dollar.” Marianas Rai Corp. was selected by Tinian leadership as the exclusive provider of software and services for issuing and redeeming the token.
In his complaint, Manibusan initially named the Tinian Casino Gaming Control Commission, Tinian Municipal Treasurer Maria Barbara Borja, and Marianas Rai Corp. as defendants. The attorney general argues that the law exceeds the authority of the Tinian and Aguiguan Legislative Delegation by regulating activities beyond the geographical boundaries of the Second Senatorial District.
Judge Govendo set the new deadline following a Jan. 26 hearing, citing prolonged delays caused by changes in legal representation and the parties’ ongoing effort to finalize a stipulated statement of facts.
Chief Solicitor J. Robert Glass Jr., representing the Office of the Attorney General, said the OAG is still drafting the certified question and coordinating with Senate legal counsel Antonette Villagomez, who recently replaced Joey Patrick San Nicolas as attorney for the Tinian delegation. Glass said the government does not oppose a court-imposed deadline and is prepared to litigate if necessary.
The court was also informed that Sen. Jude U. Hofschneider will serve as the proper representative of the Tinian delegation for purposes of the certified question, replacing Tinian Mayor Edwin P. Aldan.
Marianas Rai Corp. attorney Richard Miller urged the court not to allow further delay, arguing that months of discussions should have been sufficient to finalize the certified question. While the company does not oppose a deadline, Miller objected to extending it into late March.
After the hearing, Marianas Rai Corp. principal Vin Armani welcomed the court’s decision.
“It’s gone on a long time,” Armani said, adding that the company has seen “no reason why it should take this long to come up with a statement of facts.”
Armani said the prolonged uncertainty has hindered efforts to secure investors and partners.
“The law is in force. It’s active,” Armani said. “But we have a stipulated injunction that’s stopping everybody from doing work until this is settled. Let’s put it in front of the court and let them decide.”
“When you have this sort of risk added, especially coming to a place they’ve never heard of before, it makes it very difficult,” he said. “The sooner we can get this settled, the better.”
He said the certified question will determine whether the Tinian law authorizing the stablecoin is constitutional.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
