REPRESENTATIVE Celina R. Babauta on Thursday filed an official complaint with the NMI Bar Association against attorney Richard Miller of Pacific Lawyers LLC and Office of the Governor legal counsel Gilbert Birnbrich.
The two are lawyers of Gov. Ralph DLG Torres.
Babauta, who chairs the House Committee on Judiciary and Government Operations, said the NMI Bar Association should “investigate and take disciplinary actions in accordance with the applicable NMI Bar Rules for Attorney Discipline.”
In her letter to attorneys Catherine J. Cachero and Steven Pixley of the NMI Bar Association, Babauta alleges that on December 29, 2021, Miller willfully engaged in ex parte communication with the CNMI Supreme Court when he inappropriately requested a private meeting between Governor Torres and Chief Justice Alexandro Castro.
Babauta added, “Even more unsettling than the ex parte emails themselves, Mr. Miller’s attempt to meet with Chief Justice Castro, despite the existence of a Supreme Court order to direct all matters relating to the appointment of the Honorable Timothy H. Bellas, as Judge pro tempore, to the Clerk of the Superior Court, is reprehensible. Setting up a meeting between the Governor and the Chief Justice undermines the integrity of the legal process that the Governor initiated when he filed the lawsuit against the JGO. It is sanctionable and Mr. Miller should face serious consequences, to include, but not be limited to disbarment.”
Babauta said Miller, in a letter to Patrick Diaz, Superior Court clerk, claimed that “in light of the highly partisan atmosphere surrounding the Governor’s ongoing dispute with the [House JGO] Committee, the Governor believes that no single CNMI judge, current or former, can either be truly insulated from it or, no less important, be perceived by the public, reasonably or not, as insulated from it.”
Babauta said “despite admitting that there are no statutory grounds for any recusal or disqualification of Judge Pro Tempore Bellas or any other current or former judge or justice, Mr. Miller still casts aspersions on every single jurist in the history of the CNMI. As Chairwoman of the JGO, I feel duty bound to call this serious breach of professionalism to your attention.”
As for Office of the Governor legal counsel Birnbrich, Babauta alleges that on Jan. 7, 2022, Birnbrich issued a press release that indicated that she, as chairwoman of the JGO, published untrue statements that amounted to “distortion and misrepresentations” of statements made by Governor Torres relating to the above-referenced ex parte emails by Mr. Miller.
“Mr. Birnbrich never once addressed the ex parte email itself,” Babauta said. “Instead, contrary to the plain text of the email, he stated that the Governor would not have personally attended the meeting with the Chief Justice, in essence admitting to the ex parte communication and ex parte potential meeting with the Chief Justice and downplayed the unethical communication as if Governor Torres’ absence would somehow negate Mr. Miller’s ex parte contact, on the Governor’s behalf.”
According to Babauta, “Birnbrich’s willful participatory attempts to deflect the seriousness of the ex parte contact described above is further evidence of the attempts that Mr. Birnbrich will go to engage in unlawful acts and conduct unbecoming of a sworn officer of the court.”
Babauta said Birnbrich “also implied that I had placed a ‘partisan spin’ on matters related to the dispute relating to the Governor’s investigation. On behalf of the JGO, as Chairwoman, I take offense to these comments, and I wish to place this sentiment of mine within the proper factual context.”
Babauta said her committee “has quietly tolerated Mr. Birnbrich’s questionable conduct, both past and present. Specifically, employees of the Department of Finance relied on his legal advice when they intentionally redacted original documents containing the suffixes of credit card numbers that were the subject of a JGO subpoena. The destruction of these public records, which technically constitute evidence in the context of our JGO investigation, was totally without legal justification and was purely made in an attempt to obstruct the JGO investigation. This occurred entirely and completely under Mr. Birnbrich’s legal supervision.”
Babauta said Birnbrich “also continued to contact me directly, and not through legal counsel, for periodic Open Government Act requests even though he personally represents the Office of the CNMI Governor in a lawsuit filed on December 14, 2021, against the JGO. His OGA requests directed to me, as a represented party, may be reasonably viewed as an ex parte attempt to acquire discovery information related to the pending lawsuit that he filed in a premature and inappropriate manner.”
“Accordingly,” Babauta said, “based on the totality of the misconduct that I have outlined above, to wit: during the 2019 investigation of [Governor Torres] by the Special Committee established in the 21st Legislature, Mr. Birnbrich engaged and admitted unethical and inappropriate behavior by facilitating or advising the Department of Finance to redact original documents, as well as the manner in which he behaved with respect to the aforementioned press release.”
“His false and unsubstantiated allegations against me as the JGO Committee Chairwoman, essentially engaging in libel and an assassination of my character, I hereby respectfully lodge my formal complaint against Mr. Birnbrich,” Babauta added.
“In sum, I am certain that you understand and appreciate the magnitude of these allegations. When officers of the court commit such deliberate disregard for their oath and to their profession, it must be met with identical retribution to include disbarment as is the discretion of the CNMI Bar Association. The legal counsels assigned to the JGO have advised that I may obtain separate legal counsel to assist me on this matter because these concerns are outside the parameters of their scope of legal representation, and I am prepared to do so. They have cautioned me to be mindful of the severity of the charges that I have raised, but I have done my due diligence and I remain convinced that this is the proper course of action,” she said.
Celina Babauta
