AFTER the CNMI Supreme Court denied his request for a stay in proceedings, rape defendant William Abraczinskas is now asking for the same thing from the Superior Court.
A former law clerk, Abraczinskas is seeking a stay of proceedings until the high court has reached a decision on whether to overturn the trial court’s decision not to disqualify its judges from his case.
According to the high court, “To grant a stay under Rule 8(a)(2), Abraczinskas must show that moving first in the Superior Court would be impracticable; or state that, a motion having been made, the Superior Court denied the motion or failed to afford the relief requested, and state any reasons given by the Superior Court for its action.”
Chief Public Defender Douglas Hartig, who represents Abraczinskas, earlier requested Superior Court Judge Joseph N. Camacho to recuse himself due to the “appearance of impropriety.”
The request for recusal was unopposed by the Attorney General’s Office, Hartig added.
But the judge denied the request and set a deadline for discovery, requests for a bill of particulars, as well as other notices and pleadings for Aug. 17, 2023.
After the denial of the request to recuse, Hartig filed a petition in the CNMI Supreme Court.
He asked the high court to issue a writ ordering the disqualification of Superior Court judges from presiding over the defendant’s case.
According to the public defender, the high court has set a briefing schedule on this issue, with the response from the Superior Court due by Aug. 21, and a reply response due by Aug. 28.
“As currently scheduled,” Hartig said, the trial court “would hear motions related to trial before the Supreme Court has even received all the briefings, let alone issued a ruling as to defendant’s challenge regarding this court keeping jurisdiction on this case.”
Moreover, Hartig said, “defendant is actively contesting the [trial] court’s continued jurisdiction in this matter and it is therefore unreasonable to hold a pretrial conference before the briefings are due in the Supreme Court, and before the Supreme Court is afforded a reasonable amount of time to rule on this matter.”
Judge Camacho has set a motion hearing for Friday, Aug. 25, at 10 a.m. He ordered the parties to appear.
Abraczinskas, 34, is 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.
His jury trial has been set for Oct. 16, 2023, at 9 a.m.
