In his four-page order, Wiseman said he agrees with the government’s position that Baka should not have been named in the petition because Sablan’s Open Government Act request wasn’t addressed to the acting AG.
“Mr. Baka cannot be a party to this suit as no request has ever been made to him nor does this court find his inclusion necessary for a complete adjudication of plaintiff Sablan’s suit. Therefore, for reasons stated above, defendant’s motion is hereby granted as to defendant Baka’s dismissal,” Wiseman said.
Sablan named as defendants Gov. Benigno R. Fitial, Finance Secretary Eloy Inos and Baka.
Assistant Attorney General Braddock Huesman, however, said Baka should not have been named defendant because the request Sablan made was addressed to the governor and Inos.
Huesman said Baka only answered Sablan on behalf of the governor and Inos and in his capacity as acting AG.
Wiseman said possible possession of documents that Baka holds does not subject him to the petition.
Sablan is asking the court to order the administration to disclose all public records regarding the public funds used to pay Jenner & Block in representing the governor in his lawsuit in Washington, D.C. challenging the federalization law.
Baka has said that public funds were used to pay Jenner & Block, but refused to provide details.
