MAGISTRATE Judge Heather Kennedy of the District Court for the NMI has ordered Rota Mayor Efraim Atalig to partially reimburse the federal court in the amount of $5,000, which may be paid over the course of seven months.
Judge Kennedy is referring to the reimbursement of the Criminal Justice Act’s fund that was used to pay Mayor Atalig’s legal fees in a case filed against him by the U.S. government.
In November 2018, the mayor and his girlfriend Evelyn Atalig were charged with conspiracy, wire fraud and making a false statement.
The federal court appointed attorney Bruce Berline to represent Mayor Atalig as CJA, but on Jan. 30, 2019, the court granted Berline’s motion to withdraw as counsel and appointed attorney David Banes as the mayor’s CJA counsel.
A jury trial was held for seven days, and on Aug. 26, 2020 the jurors returned a verdict of not guilty on all counts.
In her order on June 24, 2021, Judge Kennedy noted that as mayor of Rota, Mr. Atalig receives a gross salary of $70,000 per year, and that his current four-year term as mayor ends in January 2022.
Mayor Atalig submitted a financial affidavit reflecting a net biweekly income of $1,857.47 (or total monthly net of $4,024.51) and monthly recurring expenses of $2,963.46.
Judge Kennedy said the U.S. government has informed the court that it is unaware of any significant changes to Mayor Atalig’s financial status since the inception of the case.
After reviewing the record and evidence presented, coupled with the information in the mayor’s financial affidavit, Judge Kennedy found him financially able to at least partially pay for his legal representation.
“With a total monthly net income of $4,024.51 and monthly expenses of $2,963.46, Atalig has a discretionary amount of $1,061.06 per month. The court finds that while Atalig does not have sufficient assets to pay the entire amount of his legal fees and costs, his monthly discretionary income during his mayoral term is sufficient to pay the partial amount of $5,000. This amount may be paid as one payment or in equal installments over the course of seven months,” the judge said.
Judge Kennedy gave Mayor Atalig up to Jan. 31, 2022 to pay the full amount of $5,000.
Efraim Atalig
