Baka, the acting AG attorney, has yet to be officially nominated by the governor.
Reyes said the AG’s Office failed to answer the court in a timely manner in the $91 million civil case filed against the government.
The complaint was filed by the Retirement Fund on Aug. 2, 2006 against the government for not remitting retirement contributions.
Reyes, R-Saipan, said the AG’s inaction was insulting.
Following the court’s denial of the AGO’s motion to dismiss the case, the government was given 10 days to answer but failed to do so.
When asked by the court to explain the delay, Assistant Attorney General Anthony Welch said, “I messed up.”
Welch stated that he was “too preoccupied” with Commonwealth Utilities Corp. issues and his other responsibilities.
The court said the AGO’s excuse was unacceptable and entered a default judgment in favor of the Retirement Fund.
Reyes said the Legislature has been appropriating remittance contributions.
“Who advised the governor and the Finance secretary not to remit these funds?” Reyes asked.
He noted that a land compensation lawsuit filed in federal court resulted in an order to seize the funds from the Department of Public Lands’ bank accounts to pay the landowner.
Reyes said the local court may seize government funds or acquire other government assets to pay the Retirement Fund.
Only the Legislature has the power to dispose public funds, he added.
He noted that the AGO has not filed an appeal.
Welch declined to comment, but it was learned that he met with lawmakers on Wednesday to answer their queries.
Baka, for his part, sent documents to lawmakers regarding the lawsuit.
The Retirement Fund’s attorney, Jim Holman, told lawmakers that he is also willing to provide them relevant information.
