Sablan filed her response yesterday to the motion to dismiss filed by Gov. Benigno R. Fitial, Finance Secretary Eloy Inos and Baka.
In her nine-page reply, Sablan asked the court to conclude that Baka should remain a defendant in the legal action, that the defendants may be held liable for violations of the Open Government Act, and that the defendants may not be entitled to qualified immunity.
Sablan stated that Baka’s inclusion in her legal action does not deprive the court of jurisdiction over the subject matter of action.
In her complaint, Sablan asked the court to order all defendants not to alter or dispose the public records she is seeking, and hold them personally liable for their failure to comply with the Open Government Act.
The defendants argued in their motion to dismiss that Baka should not be held responsible because no request for records was made to him specifically and directly.
But Sablan told the court that the law “only requires that all public records shall be available for inspection, and that copies shall be made available by the officer having custody of such records…within 10 days of a request.”
During the hearing, Assistant Attorney General Braddock J. Huesman, who represented the administration, stated that Baka was merely acting as an attorney for Fitial when he responded to Sablan’s Open Government Act request, and it is improper for him to be included as a defendant.
But Sablan said in denying her request for records related to funding sources and contracts in the lawsuit, Baka was not acting merely as an attorney for the governor but he was acting in his capacity as acting AG mandated to represent the commonwealth in all legal matters.
Sablan, who is representing herself, said public officers are not immune from personal liability for violations of the Open Government Act.
Associate Judge David A. Wiseman set another hearing for April 9 at 1:30 p.m. on whether Baka should remain as a defendant in the legal action.
Wiseman said he will also issue a ruling on whether the files Sablan is seeking should be exempted from the Open Government Act as argued by the administration.
Sablan told reporters after the hearing that the merits of her petition were not discussed yet.
She is seeking more information about the payments made by the governor to the Jenner & Block law firm which filed the federalization lawsuit in the U.S. District Court for the District of Columbia on Sept. 12, 2008.
Sablan asked the Superior Court to order the administration to disclose how much has been spent to pay for the legal services of the firm.
