Aside from the appealed lawsuit against the Commonwealth Health Center and a criminal conviction that occurred under the watch of Attorney General Edward T. Buckingham, the Supreme Court noted three other appealed cases wherein the AGO “has been lax in filing its briefs.”
In Commonwealth v. Pua in 2008, the AGO “inexcusably failed to file briefs in two appeals.”
The AGO “stipulated that it would not file a brief after failing to file for two years” regarding Commonwealth v. Taivero in 2009.
The AGO “motioned to file a late brief three months after the brief was due” in connection with Commonwealth v. Peter in 2007.
Compared to Commonwealth v. Owens, which Associate Justice John A. Manglona described as the “trigger” during the show cause hearing last week, the Supreme Court noted in its show-cause order for Buckingham “that the result of being denied an extension to file a principal or cross appeal brief is significantly more consequential than denying leave to file a response brief because the court is obligated to fully assess the merits of the appeal regardless of whether the [AGO] files a brief.”
The AGO failed to file its response briefs that was due in May 2011 in connection with the appeal of Simon Sebuu for his theft and criminal mischief conviction.
The Supreme Court notified the AGO in June that it had not filed a brief regarding the Sebuu appealed case.
The AGO, three days after it was notified by the Supreme Court, and 26 days after the filing deadline expired, submitted a motion to file an out-of-time brief which the Supreme Court denied, and was described as “highly disfavored” under NMI Supreme Court rules.
Buckingham has apologized to the Supreme Court
Associate Justice Manglona, who presided over the show-cause hearing, will issue an order.
