THE lawsuit of minority bloc Sen. Paul A. Manglona, and Saipan residents Carmen Patricia Deleon Guerrero and Bruce Lee Jorgensen against the Senate leadership over the governor’s impeachment trial is now moot, attorney Colin Thompson said.
The Senate has already made its decision in the impeachment proceeding and the process has been concluded, he added.
Thompson represents the members of the Senate leadership named as defendants in the lawsuit. They have denied all allegations in the lawsuit that was filed on May 11, 2022
The lawsuit named as defendants Senate President Jude Hofschneider, in his official capacity, and Sens. Karl King-Nabors, Victor B. Hocog, Francisco Q. Cruz, Justo S. Quitugua, and Vinnie F. Sablan, in their official capacities.
Superior Court Judge Pro Tem Alberto Tolentino is presiding over the case.
Thompson mentioned 12 affirmative defenses to the first amended complaint.
“Plaintiff Manglona is barred by the doctrine of unclean hands with respect to liability under the Open Government Act for amending the agenda as Senator Manglona voted in favor of the adoption of the amended agenda on the Second Day of the Third Regular Session,” Thompson said.
Similarly, “Manglona is barred by the doctrine of acquiescence with respect to liability under the Open Government Act as plaintiff Manglona voted to amend and add Senate Resolution 22-16 to the agenda for the Second Day of the Third Regular Session.”
The lawyer asked the Superior Court to issue an order denying the relief requested and to dismiss with prejudice the plaintiffs’ first amended complaint.
The plaintiffs, who represented themselves, filed the Open Government Act lawsuit on May 11, 2022, and sought to invalidate the Senate impeachment rules and stop the Senate from conducting an impeachment hearing against Gov. Ralph DLG. Torres.
The Superior Court had neither granted nor denied the petition for a temporary restraining order requested by the plaintiffs.
The Republican governor was impeached by the Democrat-Independent-led House of Representatives on Jan. 12, 2022.
He was accused of corruption, neglect of duty and felonies of theft as well as contempt. He had denied the allegations.
On May 18, 2022, the Republican-led Senate acquitted him of all charges.
