“I AM certain I properly exercised the authority granted to me.”
This was the response yesterday of Chief Justice Miguel S. Demapan to the lawsuit alleging that he illegally transferred the Law Revision Commission’s funds to the Supreme Court.
Demapan, in a press statement, said a plain reading of the clear language of the applicable laws and by-laws shows he acted with lawful authority.
As chief justice of the CNMI Supreme Court, Demapan said he has a great deal of responsibility and that his duties require him, among other things, to preside as chairman of LRC.
He said “it is unfortunate that former LRC Executive Director David C. Andersen does not recognize the authority granted to the chief justice by the Constitution, the Commonwealth Code, and the commission’s by-laws.”
He added, “Mr. Andersen obviously disagrees. This is why we have the judicial system, to resolve issues such as these.”
The chief justice stated that he has complete faith in the commonwealth judicial processes and confident that the lawsuit will be found to be without merit.
Andersen in a pro se complaint sued Demapan for alleged breach of fiduciary duties and violation of the Open Government Act.
Andersen asked the Superior Court to order Demapan to repay the government the full amount of funds reprogrammed and expended.
He asked the court to remove Demapan as LRC chairman and order him to pay statutory penalties under the Open Government Act.
Andersen said Demapan failed to hold the March and Oct. 2001 mandatory biannual LRC meetings as required by LRC’s by-laws.
He alleged that Demapan blocked the meetings to prevent LRC members from learning about his intent to divert commission funds to the Supreme Court.
Andersen said that a court official informed him that the Supreme Court overspent its fiscal year 2001 budget by $150,000 and would therefore reprogram LRC personnel funds to the high court.
Demapan caused $48,000 in personnel funds to be reprogrammed from the LRC account into the Supreme Court account on Sept. 5, 2001, Andersen said.
Last November, LRC members voted to terminate Andersen as executive director.
