AFTER Presiding Judge Roberto C. Naraja informed the local Supreme Court that all sitting judges on the CNMI Superior Court have recused themselves from the case, Chief Justice Alexandro Castro has appointed Guam Judge Elyze M. Iriarte as judge pro tempore in the upcoming rape trial of William Abraczinkas.
“A party shall notify the Clerk of the Superior Court in writing no later than 10 days from the date of this ORDER of any good cause or reason why Judge Elyze M. Iriarte should not serve as judge pro tempore,” Chief Justice Castro said in an issued order on Wednesday, Dec. 20.
Recently, the high court ordered Judge Joseph N. Camacho to recuse himself from presiding over Abraczinkas’ case.
Abraczinskas, through Chief Public Defender Douglas Hartig, has argued that all Superior Court judges should recuse themselves because the case involves two court employees.
The high court held that even though a motion to disqualify all five judges is overbroad, Judge Camacho, at least, must recuse himself due to the appearance of impropriety that comes from a judge of the Superior Court presiding over a case with these unique facts. The Commonwealth Code requires that a judge recuse when a reasonable person would find that the judge’s continued presence over the case would create the appearance of impropriety.
The high court ordered that the case be reassigned to a new judge, but all the CNMI judges recused themselves.
Background
Abraczinkas, a former law clerk of Judge Kennth L. Govendo, was accused by another court employee of rape.
Abraczinkas was charged with sexual assault in the first degree, assault and battery, and disturbing the peace. He has denied the allegations and pled not guilty.
According to the complaint against Abraczinskas, on Friday, May 26, 2023, police received a walk-in complaint from a judicial employee who alleged that her co-worker, Abraczinskas, sexually assaulted her on April 8, 2023, at Beach Garden Apartments.
She also told investigators that she had learned that Abraczinskas filed a sexual harassment complaint against her with the judiciary’s human resources office.
After meeting with HR and opening up with her supervisor about the alleged sexual assault, she said she found the courage to come to the Department of Public Safety and tell her side of the incident.
Elyze M. Iriarte
