Court orders Senate to amend complaint in Macaranas lawsuit

Superior Court Associate Judge Lillian Ada Tenorio has ordered the Senate to amend its lawsuit challenging Department of Public Safety Commissioner Anthony I. Macaranas' authority to remain in office to address questions about the Senate's legal standing to pursue the case.

In an order filed Friday, Oct. 23, Tenorio directed the Senate to file an amended complaint by the same day, incorporating allegations concerning a recently adopted Senate resolution supporting the lawsuit. She also ordered compliance with court rules governing service of legal documents.

The order followed an Oct. 21 status conference attended by Senate legal counsel David P. Karch, attorney Brendan Layde representing Gov. David M. Apatang, and attorneys Alison M. Nelson and Rachel Blue representing Macaranas.

Tenorio noted that Senate Resolution 24-20 could resolve questions about the Senate's legal standing to sue. However, the original complaint had not been amended to include the resolution as a basis for standing.

The judge also did not take judicial notice of the resolution.

The Senate unanimously adopted Resolution 24-20 last Oct. 13, formally ratifying and authorizing the continuation of the lawsuit filed by Senate President Karl King-Nabors on Sept. 18.

During the status conference, Layde said he was prepared to argue whether the resolution could address the standing issue without dismissing the lawsuit and requiring the Senate to file a new case. However, he acknowledged that an amended complaint might resolve the issue.

Nelson, meanwhile, requested that the Senate comply with Rule 4(i)(2) of the NMI Rules of Civil Procedure and declined to accept service on behalf of Macaranas. Tenorio ordered the Senate to comply with the applicable service requirements.

The judge also said the Senate could file a renewed motion for a temporary restraining order if it still sought to prevent Macaranas from exercising the powers of DPS commissioner while the case is pending.

Tenorio said she could decide a renewed motion based on the written arguments already submitted and arguments presented during the Oct. 9 hearing, without requiring additional briefing. Attorneys for all parties agreed.

The lawsuit stems from Macaranas' removal as DPS commissioner by an acting governor in February while Apatang was off-island.

Apatang subsequently reinstated Macaranas, but the Senate contends that the reinstatement required a new appointment to be submitted for its advice and consent within 30 days.

According to the Senate, the failure to submit the appointment automatically terminated Macaranas' authority to serve as commissioner and barred his reappointment under Commonwealth law.

The dispute intensified when King-Nabors, serving as acting governor, terminated Macaranas on Sept. 11. Apatang rescinded the termination upon his return on Sept. 14, prompting the Senate to file suit four days later.

The Senate is seeking a court declaration on Macaranas' legal authority to remain commissioner and an injunction preventing him from exercising the powers of the office.

Speaking to Marianas Press following the 53rd Pacific Islands Chiefs of Police Conference last Oct. 16, Macaranas declined to discuss the pending lawsuit.

“You know, right now I cannot come because it's still within the court. I do not want to contradict what I'm saying and what the court is going to interpret,” he said.

The Oct. 23 order addresses the procedural requirements for the lawsuit to proceed but does not determine whether the Senate has established standing or whether Macaranas can legally remain DPS commissioner. The court also has not ruled on the Senate's request for a temporary restraining order.

Marianas Press contacted King-Nabors about Tenorio’s order and the Senate president said they’ve had.

“All items were cleared and submitted,” he said.