Ex-law clerk sues OAG for denied access to public records

Former CNMI Judiciary law clerk William Abraczinskas has filed a lawsuit against the Office of the Attorney General under the Open Government Act (OGA), alleging the agency unlawfully denied his request for 233 pages of public records.

Abraczinskas, who formerly served as a law clerk to Superior Court Associate Judge Kenneth L. Govendo, filed a petition for writ of mandamus on Oct. 30, 2025.

A writ of mandamus is a court order compelling a government official, agency, or lower court to perform a mandatory duty that has been refused or neglected.

In his petition, Abraczinskas said he submitted a written OGA request to the OAG on Oct. 21, seeking access to records related to five judiciary-originated case numbers, including CR-23-0082 and CR-23-000336, along with associated complaints and investigations.

The OAG responded on Oct. 28, acknowledging possession of 233 pages of public records to the related cases.

“The OAG withheld the entirety of those 233 pages, citing 1 CMC § 9918(4), (7), (8) and 6 CMC § 9111(b),” the petition stated. “The OAG confirmed that no additional responsive records exist for the remaining case numbers but did not provide an index, segregation log, or explanation of how each exemption applies.”

“The OAG’s letter establishes that these 233 pages constitute the universe of responsive records and that OAG made a final determination denying access,” it added.

Abraczinskas stated that he is indigent and currently under supervision, but remains the direct subject of the records in question. He said the documents were generated through judiciary-initiated referrals now under review for integrity and authenticity.

He argued that the cited exemptions no longer serve their purpose. “The investigation has concluded, and petitioner seeks verification of document authenticity, not discovery for trial,” he said.

The petition asks the court to compel the OAG to immediately produce the 233 pages or, alternatively, to submit the documents for in-camera inspection so the court may determine which portions, if any, are legitimately exempt.

Abraczinskas also requested a waiver of prefiling and service fees due to lack of income or assets.

In case CR-23-0082, Abraczinskas, 37, was found guilty by a jury on Sept. 13, 2024, of first-degree sexual assault, assault and battery, and disturbing the peace. He had been accused of rape by another court employee. He denied the allegations and had earlier pleaded not guilty.

He was scheduled for sentencing on April 28, 2025, but on that day, his attorney filed a motion for a new trial based on newly discovered evidence.

The motion claimed the victim lied during testimony about being raped.

Following an evidentiary hearing on June 23, 2025, Superior Court Judge Pro Tem Elyze Iriarte granted the motion for a new trial. Judge Iriarte also released Abraczinskas on a $100,000 appearance bond and placed him under house arrest.

The prosecution appealed, and the NMI Supreme Court has yet to issue a ruling.