FORMER Law Revision Commission Executive Director David C. Andersen has filed an amended complaint asking the Superior Court to remove Miguel S. Demapan as LRC chairman and chief justice.
Andersen in a pro se filing also demanded $1.5 million in compensatory and exemplary damages against the defendants over the alleged illegal diversion of LRC’s funds for Supreme Court operations.
In the new complaint filed on Tuesday, Andersen included as Demapan’s co-defendants the CNMI government and Supreme Court director Margaret Palacios.
Andersen asked the court to reinstate him as LRC executive director. He also sought judgment against Demapan and Palacios, requiring them to repay the government the full amount of funds allegedly reprogrammed and expended in breach of their fiduciary duties.
Demapan’s counsel, Assistant Attorney General Joseph LG. Taijeron Jr., said the complaint should be dismissed with prejudice.
Taijeron said each cause of action in the complaint, as well as the lawsuit taken as a whole, “fails to state facts sufficient to constitute any cause of action against Demapan.”
In the amended complaint, Andersen alleged, among other things, that on Aug. 31, 2001 Palacios informed him that the Supreme Court had overspent its fiscal year 2001 budget by $150,000 and would therefore reprogram LRC personnel funds to the high court.
Andersen said that on Sept. 5, 2001, Demapan and Palacios caused $48,000 in personnel funds to be reprogrammed from the LRC account to the Supreme Court account.
He said on Sept. 17, 2001, Demapan and Palacios reprogrammed $102,000 from Supreme Court operations funds.
Andersen said the actions of Demapan and Palacios involved the “actual fraud, actual malice, or willful criminal misconduct.”
In the first complaint he filed last April, Andersen sued Demapan for alleged breach of fiduciary duties, and violation of the Open Government Act.
But Demapan, in his amended answer to the complaint, said Andersen was barred by his failure to exhaust administrative remedies from enacting any cause of action. Demapan said the complaint was not properly before the court due to the plaintiff’s failure to exhaust administrative remedies prior to enacting any cause of action.
According to Taijeron, the plaintiff is barred from asserting any cause of action, against defendant under the doctrines of judicial immunity, legislative immunity, absolute immunity and qualified immunity.
Last November, LRC members voted to terminate Andersen as executive director.
LRC codifies all permanent CNMI laws and publishes decisions of the Supreme and Superior Courts.
