FORMER law clerk William Abraczinskas has requested the CNMI Supreme Court for a stay of proceedings until it has reached a decision on whether to overturn the trial court’s decision not to disqualify its judges from his case.
Abraczinskas, who has been accused of rape, has requested the high court to issue writs of prohibition and mandamus ordering the disqualification of Superior Court judges from presiding over his case.
Representing the defendant, Chief Public Defender Douglas Hartig said the request for a stay of proceedings is proper because his client’s motion for recusal was denied, and such denial was made without stating a reason.
Moreover, the Superior Court has already moved from first appearance to a trial schedule before discovery has even occurred, Hartig said.
Abraczinskas, 34, a former law clerk of Judge Kenneth L. Govendo, has been charged with sexual assault in the first degree, assault and battery, and disturbing the peace.
Hartig said a special judge should be appointed to hear the case.
“The alleged victim in this case is a longtime employee of the Superior Court. Defendant believes that the judges have interactions with the alleged victim over [the] years. She continues to be employed at the Superior Court,” Hartig said.
On July 3, 2023, Judge Joseph N. Camacho denied the motion for disqualification.
On the same day, Abraczinskas pled not guilty to the charges.
The judge then issued an order setting a trial date for Oct. 16, 2023 at 9 a.m.
