Lt. Gov. Dennis Mendiola, Joey Vincent Dela Cruz, and Justin Paul Mizutani are opposing the government’s motion to disqualify Superior Court Judge Joseph N. Camacho from presiding over their misconduct in public office case, calling the move “baseless” and warning it could cause unnecessary delays.
Assistant Attorney General Olga Kelley previously sought to have Judge Camacho removed, alleging he suggested legal strategies during an Oct. 17 status conference—including moving the trial to Rota and severing defendants’ cases—and “outlined the procedure” for doing so. Kelley argued these comments raise impartiality concerns under 1 CMC § 3308(a).
Severance in court proceedings refers to splitting claims, charges, or defendants into separate trials to ensure fairness and avoid prejudice. Kelley stated the judge’s actions created an appearance of bias.
In their opposition, the defendants argued the claim of “appearance of impropriety” was based on routine case-management questions rather than actual bias. They said Camacho’s remarks came as part of a standard conference addressing logistical issues such as venue, severance, discovery, and trial scheduling.
Attorney Bruce Berline, representing Mendiola, said he does not recall the judge suggesting specific strategies; even if such comments were made, prevailing case law regards in-court remarks as insufficient for disqualification.
“Comments made in court as part of case administration are commonplace and do not amount to grounds for recusal absent extrajudicial bias or deep-seated favoritism or antagonism,” Berline said.
Charity R. Hodson, counsel for Dela Cruz, said Camacho’s questions were prompted by the Information, which referenced both Saipan and Rota, and by separate Case Management Orders requiring discussion of pretrial issues.
A rough transcript submitted by Hodson shows the judge asked whether counsel intended to file motions on venue or severance, stressing timeliness to avoid delays once the jury summons is issued. Hodson argued this reflected proactive docket management, not favoritism.
Mizutani, represented by attorney Joey San Nicolas, joined the arguments advanced by Mendiola and Dela Cruz. The defendants asked the court to deny the government’s disqualification motion.
The charges stem from Mendiola’s tenure as a Homeland Security and Emergency Management special assistant in 2022, when he allegedly misused government vessels and resources. Prosecutors allege he authorized the transport of private and rental vehicles on chartered supply ships and, along with Mizutani and Dela Cruz, left the government with more than $61,000 in unpaid rental fees.
All three defendants pleaded not guilty.
Judge Camacho has scheduled a hearing on the disqualification motion for Dec. 17 at 10 a.m.
