THE campaign treasurer for the Committee to Elect Ralph DLG Torres and Vinnie Sablan, Zerlyn A. Taimanao, on Friday, Dec. 22, filed a civil lawsuit in Superior Court against the Office of the Attorney General and the CNMI government regarding a subpoena served on her.
In her complaint, Taimanao said the application for the subpoena duces tecum was not connected to any civil or criminal case pending before court.
Taimanao, through attorney Keith Chambers, has asked the court to stop the OAG from enforcing the subpoena against her.
She wants the court to issue a declaratory judgment that the subpoena is null and void and has no legal force and effect.
She is likewise seeking other relief, attorney’s fees and costs.
The complaint
Taimanao served as the treasurer for the Torres-Sablan committee in the 2022 election for the Office of the Governor.
As treasurer, Taimanao kept a written record of all contributions and expenses made to and by the committee.
Following the Nov. 2022 election, Taimanao submitted her report on the campaign statement of account to the Office of the Public Auditor.
Upon information and belief, the commissioner of the Department of Public Safety, the temporary public auditor, and the attorney general executed a memorandum of agreement for a Joint White-Collar Crime, Government Corruption and Financial Crimes Task Force.
On or about Oct. 31, 2023, the OAG applied to the Superior Court clerk of court for a subpoena duces tecum to be served on Taimanao in her official capacity, and on Vinnie Sablan in his personal capacity.
The subpoena application was not connected to any civil or criminal case pending before the Superior Court, Taimanao said.
On Oct, 31, 2023, the clerk issued a subpoena duces tecum pursuant to the OAG’s application. The subpoena received the clerk’s official seal.
On Oct. 31, 2023, Taimanao was served the subpoena by the OAG.
The subpoena requested the following:
1) The written record of all contributions and expenses made to and by the Committee to Elect Ralph DLG Torres and Vinnie Sablan pursuant to 6 CMC § 6422;
2) The written record of all contributions from contributors and supporters, and all campaign expenses paid to ensure full accountability of all campaign financial activity pursuant to §30-10-705(b) of the Commonwealth Administrative Code;
3) The names and identities of all contributors and supporters who contribute in the aggregate of $100 or more in cash or fair market value of property, pursuant to §30-10 710, of the Commonwealth Administrative Code;
4) A record of any and all contributions of less than $100 from a contributor or supporter pursuant to §30-10-720, of the Commonwealth Administrative Code;
5) Any and all records of the communications required for reasonable diligence of a candidate according to §30-10-795 of the Commonwealth Administrative Code; and
6) Any and all communications of any expenses of contract, authorizations, and requests pursuant to 6 CMC §6427.
According to Taimanao’s complaint, the subpoena did not indicate that it seeks documents not previously filed.
The subpoena states that “failure to comply…may constitute the crime of contempt of court and a warrant may be issued for your arrest.”
On Dec. 13, 2023, Taimanao, objected to the subpoena and filed her opposition with the OAG, saying that it should be quashed as it is invalid and unlawful.
“Ms. Taimanao also attempted to file the opposition with the Superior Court, but because the subpoena was not a part of an existing case, the Superior Court did not accept the filing of the opposition but did provide a stamped receipt,” her lawsuit stated.
Grounds
The lawsuit reiterated that the subpoena is invalid and otherwise null and void and has no legal force and effect on grounds including, but not limited to:
• The OAG does not have the authority on its own to issue a subpoena, as evidenced by House Bill 23-22, which is currently pending before the Commonwealth Legislature.
• The public auditor lacks the authority to investigate the committee to elect or subpoena any materials from it.
• The public auditor lacks the authority to delegate such power to the OAG because the Legislature has not authorized the public auditor to subdelegate its subpoena authority to the OAG.
• Neither of the two bodies of law cited by the subpoena, 1 CMC §2301 et seq and 1 CMC §7811 et seq, gives the public auditor the authority to issue a subpoena.
• The task force is invalid as there is no legislative authority authorizing the task force.
• The task force is unlawful as it nullifies the OPA’s independence as it is the only CNMI agency with oversight for the OAG.
• There is no proper purpose for the subpoena.
• The subpoena violates Rule 45 of the NMI Rules of Civil Procedure because the subpoena is not connected to any active civil action.
“Ms. Taimanao should not have to live under the constant threat and fear of criminal action being brought against her on the basis of an invalid subpoena,” her lawsuit stated.
