THE CNMI Supreme Court has denied the request of rape defendant William Abraczinskas for a stay of proceedings until it has reached a decision on whether to overturn the lower 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.”
The high court ruling dated July 16 was signed by Chief Justice Alexandro Castro, Justice Perry Inos and Justice John Manglona.
The justices also noted that they have ordered Abraczinskas and invited the trial court judge to answer the petition for writs of prohibition and mandamus by Aug. 21, 2023. Abraczinskas may reply no later than Aug. 28, 2023, the high court said.
Abraczinskas, through Chief Public Defender, Douglas Hartig, has asked the high court to issue a writ ordering the disqualification of Superior Court judges from presiding over the defendant’s case.
Abraczinskas, 34, a former law clerk of Judge Kenneth L. Govendo, 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.
Hartig said a special judge should be appointed to hear the case.
“The alleged victim in this case is a longtime employee of the Superior Court. Defendant believes that the judges have had interactions with the alleged victim over [the] years. She continues to be employed at the Superior Court,” Hartig said.
On July 3, 2023, Judge Joseph N. Camacho denied the motion for disqualification.
On the same day, Abraczinskas pled not guilty to the charges.
Judge Camacho then issued an order setting a trial date for Oct. 16, 2023, at 9 a.m.
