ROTA Mayor Efraim Atalig has been referred to the CNMI Office of Adult Probation and is expected to participate in an adult diversion program to settle the case filed against him in Superior Court.
Efraim Atalig
The mayor has been charged with one count of misconduct in public office, which is punishable for a period of not more than one year, or a fine of not more than $1,000.
On Jan. 22, 2021, he and his defense counsel David Banes appeared before Superior Court Presiding Judge Roberto C. Naraja for Atalig’s arraignment. Chief prosecutor John Bradley represented the CNMI government.
Through his attorney, the mayor waived the reading of the fourth amended information filed by the CNMI government, waived advisement of his constitutional rights, and entered a plea of not guilty.
Previously, the Rota mayor and seven of his current and former resident directors were charged by the Attorney General’s Office with misconduct in public office in connection with their participation in a Republican campaign rally on Guam.
The former/current resident directors have already disposed the cases against them through a plea agreement or by participating in an adult diversion program.
The program “is a voluntary alternative to criminal adjudication that allows a person accused of a crime to fulfill a set of conditions or complete a formal program designed to address, treat, or remedy issues related to or raised by the allegation. Upon successful completion of the conditions or program, the charges against the defendant are dismissed or not filed.”
Mayor Atalig is the only remaining defendant in the local case.
In the fourth amended information filed in Superior Court on Jan. 20, 2021, the AG’s office stated, “On or about June 1, 2018 to November 27, 2018, on Rota…Efraim Atalig committed misconduct in public office as prohibited by 6 CMC § 3202: defendant, being a public official and acting under the color of public office, committed an illegal act by violating 1 CMC § 8534 when defendant willfully and knowingly improperly approved travel and/or travel costs for nongovernmental employees or governmental employees who were not traveling for government purposes….”
The prosecution amended count one to allege a different theory of official misconduct, based on an improper approval of per diem for days not spent on official business.
In federal court, the mayor and his girlfriend, Evelyn Atalig, were charged with conspiracy, wire fraud and making a false statement, but a jury found them not guilty in August 2020.
