NMC objects to Zaji’s ex parte communication with judge

Zaji Zajradhara

Zaji Zajradhara

NORTHERN Marianas College, through attorney Mark Scoggins, has objected to Zaji Zajradhara’s ex parte communication with Superior Court Associate Judge Kenneth L. Govendo last week.

In legal ethics, ex parte communications refer to improper contact between a lawyer and a judge without the other party’s attorney being present.

Judge Govendo earlier granted Zajradhara’s motion for exemption from the court’s E-system registration, allowing him to file his pleadings manually through the Office of the Clerk of Court.

“NMC objects to this activity for several related reasons,” Scoggins said. “First, if a motion is filed, NMC needs to be given an opportunity to respond. Second, the undersigned [Scoggins] is aware that Mr. Zajradhara sometimes submits documents or information to courts that is less than truthful, even to seemingly unimportant procedural issues. Again, NMC needs to have at least the opportunity to respond if necessary. Third, Mr. Zajradhara mistakenly believes that he is free to communicate with courts whenever he chooses via email without regard to process or propriety,” the lawyer said.

“Fourth and most importantly, Mr. Zajradhara makes it his pattern and practice to routinely flout the rules of the courts, always hiding behind his status as a pro se litigant. Mr. Zajradhara is, however, the most prolific pro se litigant that this court has ever encountered. He has filed hundreds of claims with many administrative agencies and courts. He has been told many times that he must follow rules, and he consistently refuses to do so. Even now, in this appeal, Mr. Zajradhara is failing to learn to follow the rules. The court should not allow him to do this. Mr. Zajradhara deserves no special treatment because he is unrepresented,” Scoggins said.

Pro se is a Latin term meaning “for oneself” or “on behalf of oneself.” In legal contexts, it refers to individuals who choose to represent themselves in court without the assistance of an attorney

Zajradhara has appealed Judge Govendo’s previous order granting NMC’s request for a preliminary injunction “to restrain, enjoin and prohibit” Zajradhara from communicating with Small Business Development Center employees by “any method for any reason.”

Zajradhara was also restrained and prohibited from coming within 500 yards of the SBDC or an SBDC event.

The CNMI SBDC is located at NMC and is partially funded by a cooperative agreement between the U.S. Small Business Administration and the college. The SBDC primarily provides counseling services to small businesses and sponsors events.

NMC sought a temporary restraining order against Zajradhara, who is accused of harassing SBDC employees.

NMC also sued Zajradhara for undetermined damages to be proven at trial.

NMC asked the court for a TRO and an eventual permanent injunction restraining Zajradhara from communicating with the SBDC or its employees by any method and for any reason.

Judge Govendo granted the TRO, which remained in effect until April 18. The judge later extended it to May 2, 2024.

In federal court, Zajradhara has filed a lawsuit against NMC demanding $100 million in damages.

Representing himself, Zajradhara alleges civil rights violations, denial of access to federally funded programs, public humiliation, mental anguish, pain and suffering, false allegations/slander, attempted false arrest, extortionist threats, and retaliation.

The federal lawsuit remains pending.

According to the CNMI Department of Labor-Administrative Hearing Office in 2019, Zajradhara “has a history of filing many labor complaints.”

In March 2019, six House members introduced House Resolution 21-5 “to declare Zaji O. Zajradhara, formerly known as Steven Carl Farmer, a persona non-grata in the Commonwealth of the Northern Mariana Islands.”

According to the resolution, the Legislature is “cognizant of the malicious and ill-mannered actions of Zaji O. Zajradhara…in his filings of numerous labor claims against various businesses in the CNMI….”

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