FOLLOWING a disciplinary hearing Friday afternoon, Superior Court Associate Judge Joseph N. Camacho admonished attorney George Lloyd Hasselback.
“The admonishment from the bench is more than sufficient to ensure counsel will uphold his obligations and responsibility as an officer of the court,” Judge Camacho said in an issued order after the hearing.
“This is a lesson learned for both attorney Hasselback as well for all counsels practicing in the Commonwealth of the Northern Mariana Islands to do better and conduct due diligence with every case and be sure of the facts before making any representations to the court,” the judge said.
“This matter is deemed closed and nothing further is required in this disciplinary matter,” he added.
Hasselback and attorney Jordan Sundell appeared via Microsoft Teams while attorney Michael Dotts was physically present in the courtroom.
The court, which heard testimony from Hasselback, Sundell, and Dotts, found Hasselback’s explanation credible that he made a mistake, and that the mistake was not a willful misrepresentation. “The parties and clients were not unduly harmed or prejudiced by the mistaken misrepresentation,” the court stated.
Background
It was on March 5, 2021 when the disciplinary committee of the CNMI Bar Association opened an investigation into an allegation of wrongdoing by Hasselback.
Following an investigation, the disciplinary committee transmitted its findings to CNMI Supreme Court Chief Justice Alexandro Castro for further action.
According to the investigation, on Feb. 5, 2021, while representing a client at a motion hearing in the case of Jiang Sheng Asset Management, LLC vs Vincent Deleon Guerrero Torres and Wang Tao, Civ No. 19-0241, Hasselback repeatedly stated to the Superior Court that he was unaware that a particular transcript had been completed.
Hasselback then requested a recess for time to review the transcript, which was granted.
The opposing counsel, Victorino DLG Torres, filed a notice of duty of candor to the court, alleging that Hasselback, at the time that he made the statement, did, in fact, have knowledge that the transcript had been completed.
Victorino DLG Torres’s notice suggested that Hasselback’s statement amounted to a violation of the ABA Model Rule of Professional Conduct, but did not request the Superior Court to impose sanctions.
Judge Camacho, who presided over the motion hearing, then submitted a letter to the CNMI Bar Association disciplinary committee notifying it of a potential violation.
The disciplinary committee met and appointed an investigator to determine the meaning of “transcript” as used in the allegation.
The investigator found that “transcript” meant a written transcript and recommended that the disciplinary committee forward the matter to the chief justice for further action.
Under the NMI Rules of Attorney Discipline and Procedure, when the disciplinary committee recommends the chief justice to take further action, “the chief justice must appoint a prosecuting counsel.”
However, Rule 22 allows the CNMI Supreme Court “on its own or on a party’s motion…to expedite a decision or, for other good cause, suspend any provision of these rules in a particular matter and order proceedings as it directs.”
On Oct. 13, 2021, Chief Justice Alexando Castro, Justice John Manglona, and Justice Perry Inos, invoked Rule 22 and suspended the Rules of Attorney Discipline and Procedure to expedite the decision in light of the investigator’s suggestion of leniency; the absence of a request for sanctions from opposing counsel; and to save judicial resources.
The CNMI Supreme Court then remanded the matter to Judge Camacho for appropriate action.
