The two lawyers, who have been incarcerated for contempt of court since March last year, will appear before Superior Court Associate Judge Kenneth L. Govendo at 9 a.m.
Govendo ordered Yana and Atalig to deliver all motions and materials they are planning to present for the hearing to the law offices of F. Matthew Smith, Stephen Nutting and Victorino Torres who are representing the heir claimants in the Malite estate.
Govendo suspended Atalig and Yana from practicing law in Superior Court.
He also ordered that the lawyers will stay in prison until they return $1,288,500 — $1.14 million of which was for attorneys’ fees for the civil case, and $150,000 for the first distribution in the probate.
Govendo said since issuing the order in March, the two lawyers have not returned the fees in full or in part.
The judge, however, allowed Yana and Atalig to go out of the Department of Corrections for a few days each week to work toward satisfying the orders of the court.
They ware released from custody every Monday at 8 a.m. but are required to return to Corrections at 8 a.m. every Wednesday.
During the Dec. 5, 2008 hearing, the lawyers said they had not been allowed to wear civilian clothes when appearing in court although Govendo already granted their motion to do so on Nov. 17, 2008.
They also said they did not receive any order from the court while they were in custody.
