According to the order signed by Associate Justice John A. Manglona, “If attorneys continue to miss filing deadlines and otherwise fail to uphold their professional responsibilities, this court will be compelled to take harsher measures.”
The court noted that Buckingham “forthrightly addressed the relevant misconduct, promised that it would not happen again, and offered up a workable solution.”
The AG, moreover, “has never been sanctioned another United States jurisdiction in over 30 years of practice.”
The high court said it also “recognizes that the problems in the [AG’s Office] are endemic and have stretched across several years, through multiple attorneys general.”
But while “these facts present…some mitigating circumstances, they are not enough to persuade the court that a moderate sanction is appropriate,” the Supreme Court stated in its four-page order.
It said there is no CNMI court rule that addresses the sanctions available when an attorney files an untimely brief. Still, the Supreme Court said it has “inherent authority to impose sanctions that are not specifically addressed by rule.”
“The responsibility for the missed filing deadline rests entirely with the attorney general,” the court said, referring to the Buckingham’s explanation during the show cause hearing last month that he delegated the opening of his e-mails to an AGO employee.
The Supreme Court stated it “must consider that this is not the first time that the attorney general has been notified of appellate attorney problems at the [AGO].”
Despite a courtesy letter from the Supreme Court administrator in April 2010, reminding Buckingham of the pending appeals, “the problem remained unsolved over a year later,” the order stated.
The Supreme Court said it considered “the harm to the public and the legal profession,” when it rendered sanctions for Buckingham.
“Every citizen of the commonwealth suffers harm when the [AGO] is derelict in its duties to the public,” the Supreme Court pointed out.
In a statement emailed to Variety on Friday, Buckingham said:
“Today an associate justice of the CNMI Supreme Court determined that I should be sanctioned $300. This stems from the fact that the Office of the Attorney General failed to file a brief on time.
“Even though I was not the attorney who handled the original case, and had not made an appearance in the trial court, as the leader of the office the responsibility fell on my shoulders. At the present time I accept the court’s corrective action and would note that, as recognized by Associate Justice Manglona: I forthrightly addressed the relevant misconduct, promised that it would not happen again, and offered up a workable solution.
“Also, prior to today, I had never been sanctioned in a United States jurisdiction in over 30 years of practice. More importantly, the court recognized that the problems in the OAG are endemic and have stretched across several years, through multiple Attorneys General.
“I remain proud of my efforts as attorney general and of the efforts of the entire Office of the Attorney General, and will redouble our efforts to continue serving the people of the Commonwealth of the Northern Mariana Islands.”
