COMMERCE Secretary Fermin M. Atalig and Bank of Saipan receiver Randall T. Fennell have asked the CNMI Supreme Court to disqualify Guam Presiding Judge Alberto Lamorena and Associate Justice Alexandro Castro from presiding over the bank’s case.
Atalig said Lamorena should be disqualified on account of an appearance of impropriety, bias, and prejudice in favor of attorney David J. Lujan, who sits on the bank’s board of directors.
Variety learned that Fennell, through attorney Richard W. Pierce, filed on Friday a notice of intent to file a motion to disqualify Castro from sitting on the appellate panel.
Atalig, through Assistant Attorney General Alexis Fallon, said a conflict-free judge should be appointed to hear the Bank of Saipan case.
Fallon said Lamorena has a personal relationship with Lujan. Lamorena does not sit as a trial judge when Lujan is the attorney of record or a party in interest, Fallon said.
Lamorena had not sat as trial judge when Lujan was attorney of record or a party in 17 cases that AGO was able to review, Fallon said.
Fallon added that Julie L. Torres, a sister of Lujan, is the chamber clerk of Lamorena.
Fallon said that on Dec. 3, 2001, Lujan, as attorney for the bank’s majority shareholder, JLH Pacific Trust, entered into a stock purchase agreement with businessman B.D. Montgomery.
Fallon said Atalig concluded that the money used to pay JLH were Bank of Saipan funds.
“Lamorena must be disqualified where his personal relationship with Lujan has been the basis for his recusal as trial judge in prior matters,” she added.
Chief Justice Miguel S. Demapan and Associate Justice John A. Manglona have recused themselves from the bank’s receivership proceedings. Following their recusal, Lamorena and former Chief Justice Marty W. K. Taylor were appointed by the high court to hear the receivership matter as justices pro tempore.
Bank of Saipan, Inc. earlier asked the high court to issue an order to remove Fennell, vacate all orders issued by Superior Court Presiding Judge Edward Manibusan, and appoint a “non-conflicted receiver.”
Bank of Saipan Inc., through the Calvo & Clark law firm, alleged yesterday that the Fennell had turned the proceeding into “a nasty mix of half-truths and outright misrepresentations of law and fact.”
