Manglona ordered the federal clerk of court to refer this matter “immediately” to Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit for reassignment to another judge.
In her one-page order for recusal, Manglona said: “Because my husband, John A. Manglona, is a member of plaintiff Northern Mariana Islands Retirement Fund, I must disqualify myself from participating in this matter, pursuant to 28 United States Code section 455 (b) (4). Waiver of a subsection (b) conflict is not permissible.”
Mr. Manglona is an associate justice of the CNMI Supreme Court.
The Retirement Fund is asking the federal court to remand the Fund lawsuit to the CNMI Superior Court as formally asked by the Commonwealth Retirees Association, acting as intervener in this case.
This case involves the Fund that sued the commonwealth government in CNMI Superior Court. Gov. Benigno R. Fitial in his official capacity, and former Finance secretary, and now Lt. Gov. Eloy Inos, in his official capacity as then-Finance secretary, were named co-defendants.
In this lawsuit filed in 2006, the Fund obtained an initial judgment of over $230 million in April 2009.
The Fund acquired an adjustment of the judgment, and it now stands at over $300 million, according to court documents.
Pending also is a lawsuit of two anonymous retirees who are asking the federal court to place the Fund under federal receivership.
Named as defendants in this lawsuit by anonymous retirees were the Fund board of trustees and Fitial.
