FORMER law clerk William Abraczinskas has petitioned the CNMI Supreme Court to disqualify Superior Court judges from presiding over his case.
Abraczinskas, 34, a former law clerk of Judge Kenneth L. Govendo, has been accused of sexually assaulting another judicial employee.
He was charged with sexual assault in the first degree, assault and battery, and disturbing the peace. He has pled not guilty.
Represented by Chief Public Defender Douglas Hartig, the defendant said a special judge should be appointed to hear the case.
“The alleged victim in this case is a long-time employee of the Superior Court,” Hartig said. “Defendant believes that the judges have interactions with the alleged victim over the years. She continues to be employed at the Superior Court.”
On July 3, Judge Joseph N. Camacho issued a written order denying the defendant’s motion for the judge’s disqualification.
On July 18, Hartig requested the high court to issue writs of prohibition and mandamus, ordering Judge Camacho to “make a finding consistent with the evidence presented at court, that the appearance of impropriety in this matter is unquestionable and that the [trial] court should recuse itself from this case.”
The trial court order was clearly erroneous as a matter of law, Hartig added.
“The defendant in the matter was an employee of the judiciary, the complaining witness in this matter was at the time of allegation also an employee of the judiciary and remains a current employee of the judiciary. Rule 1 CMC 3308(a) read together with the NMI Code of Judicial Conduct, Canon 3(c)(a) does not require a finding of actual bias or impartiality, only that a reasonable person might question the judge’s impartiality,” Hartig said.
According to the complaint against Abraczinskas, on May 26, 2023, police received a walk-in complaint from a judicial employee who alleged that her co-worker, Abraczinskas, sexually assaulted her on April 8, 2023 at Beach Garden Apartment.
She also told investigators that she had learned that Abraczinskas filed a sexual harassment complaint against her with the judiciary’s human resources office.
After meeting with HR and opening up with her supervisor about the alleged sexual assault, she said she found the courage to come to the Department of Public Safety and tell her side of the incident.
