SUPERIOR Court Judge Pro Tem Timothy Bellas, ruling from the bench, denied the motion by Senator Paul A. Manglona and taxpayer Carmen Patricia Deleon Guerrero to intervene in the lawsuit of Gov. Ralph DLG Torres against the House Committee on Judiciary and Governmental Operations.
At the hearing on May 6, Judge Bellas, who appeared via teleconference, also rejected and denied the senator and taxpayer’s third-party complaint.
Manglona and Deleon Guerrero, who appeared in court representing themselves, said: “No lawyer has been available for a pro bono or cost-free appearance on our behalf. But, regardless, Deleon Guerrero and I shall continue to advocate on our own, as pro se litigants, in an effort to protect and promote the welfare of the CNMI community as a whole.”
Judge Bellas, however, said he “can’t subscribe to [Manglona’s] theory that there’s a conspiracy…. I have to take the pleadings that were made by the plaintiff at face value…. There’s also the delay issue… It’s important that the court make rulings that are relatively timely so that everyone can guide themselves and take whatever they deem is appropriate after that. The court is imminently ready to rule on the underlying case. And so therefore, that is another factor that I take into consideration.”
The judge said “the motion to intervene is definitely going to be denied.”
In their motion to intervene, Manglona and Deleon Guerrero asked the court to prohibit the Senate leadership from proceeding with the governor’s motion to dismiss the articles of impeachment.
They also asked the court to declare null and void the Senate impeachment rules.
They alleged that the governor “was, at the time of filing of the lawsuit [against the House JGO], and continuing to the present date, engaged in an ongoing conspiracy with prospective third-party defendants and others to subvert and obstruct the constitutional processes of the CNMI.”
“Indeed, the filing of the lawsuit was itself an overt act in furtherance of said conspiracy. In the past four months, numerous other acts have been taken in furtherance of said conspiracy. It is this situation that now compels Intervenors to enter this action,” they added.
In their third-party complaint, they alleged that the Senate leadership was “acting in concert and collusion with [the governor], directly and through others, to obstruct and subvert the constitutional processes of the CNMI, and violate Commonwealth laws, with the aim of protecting the personal interests of the governor and abusing the instruments of power, to the detriment of the general public and the citizens and taxpayers of the Commonwealth, and to deny the people of the Commonwealth the just, fair and impartial impeachment trial to which they are entitled.”
At the hearing, Gov. Torres was represented by his legal counsel, Gil Birnbrich, and the Banes Horey Berman & Miller law firm.
Attorney Richard Miller told the court that their filed response to the complaint in intervention “speaks for itself,” adding that they would not add anything more to it.
In their response to the complaint in intervention motion filed by the senator and Deleon Guerrero, the Governor’s lawyers said the basic rule of the law of intervention is that “[a]n intervenor may not introduce issues which are outside the scope of the issues in the main suit. The range or activity of an intervenor must be as extensive but no greater than that allowed the original parties to the suit. The rule assumes that the interest which the intervenor is about to assert is already before the court[.]”
According to the governor’s lawyers, the “complaint in intervention airs grievances against the Senate’s impeachment process that are wholly outside the scope of the issues over which plaintiffs have sued.”
“This lawsuit is about the subpoena that the House Judiciary and Governmental Operations Committee issued to compel the Governor to testify — the proposed Complaint in Intervention does not even mention the word subpoena,” the governor’s lawyers said.
“That’s not surprising given that Pro Se Movants believe that the true purpose of the lawsuit never had anything to do with the subpoena….
But since “this action really is about the subpoena, and the proposed complaint in intervention is not, Pro Se Movants lack a proper basis for intervention,” the governor’s lawyers stated.
Judge Bellas earlier denied the senator and taxpayer’s request to intervene, and motion for a temporary restraining order and other relief.
But the judge also allowed Manglona and Deleon Guerrero to request an oral hearing.
Torres, a Republican governor, was found by the Democrat-Independent-led House JGO committee in contempt of a legislative subpoena for refusing to appear before the panel which was investigating his public expenditures.
In his lawsuit, Torres asked the court to find the subpoena issued by the legislative committee invalid and unlawful.
Among those who attended the hearing on May 6 were the Democratic Party’s candidate for governor Rep. Tina Sablan, Democratic Sen. Edith Deleon Guerrero, the House JGO chair, Democratic Rep. Celina Babauta, and their supporters.
Timothy Bellas
