General

NMI high court stays sanction against assistant AG

THE local Supreme Court has put on hold a judge’s sanction on Assistant Attorney General Elizabeth Weintraub for lack of diligence and dilatory tactics in a sexual abuse of a minor case.

In an order date Sept. 20, 2017, Associate Justice Perry B. Inos said the sanction is stayed for 14 days.

In appealing Superior Court Associate Judge Teresa Kim-Tenorio’s sanction order, the AG’s office said Weintraub should have been afforded notice and opportunity to respond.

The AG’s office said the trial court also abused its discretion when it imposed monetary sanction without providing adequate notices of the rule violations and conduct at issue prior to the sanctions hearing.

The trial court erred when it relied on its inherent powers rather than complying with the criminal contempt statute, the AG’s office added.

Moreover, it said Weintraub will face irreparable injury by donating to a local non-profit organization because it is non-refundable.

In a court order dated Sept. 20, Judge Kim-Tenorio denied the motion to stay order imposing sanctions pending an appeal, saying she was not persuaded by the government’s arguments.

Variety also learned that Weintraub made a donation to Karidat, a charitable organization, in the amount of $500 pursuant to the trial court’s order.

Justice Inos in his Sept. 20 order said because the government and Weintraub “have now filed a notice of appeal, they must either: (1) file a new motion for stay in the Superior Court pursuant to NMI Supreme Court Rule 8(a)(1); or (2) file a motion for stay in the [high] court explaining why moving first in the Superior Court would be impractical, pursuant to Supreme Court Rule 8(a)(2).”

If “appellants file a motion with the [high court], it must conform with NMI Supreme Court Rule 27, which requires, among other things, to ‘state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it’…. ”

Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/98853-nmi-high-court-stays-sanction-against-assistant-ag

About the author

Relative Posts

Leave a Reply

Leave a Reply

Your email address will not be published.