Senate President Karl King-Nabors said Associate Judge Lillian Ada Tenorio asked the Senate for additional briefing on whether it has legal standing to pursue its court challenge over Anthony I. Macaranas’ continued service as Department of Public Safety commissioner.
King-Nabors said Tenorio heard arguments Oct. 7 in Superior Court on the Senate’s request for a temporary restraining order and preliminary injunction against Macaranas and Gov. David M. Apatang.
He said no ruling was issued during the hearing.
King-Nabors said the judge wanted more information on the Senate’s standing, including his authority as Senate president to bring the case on the chamber’s behalf.
“She was requiring some information regarding the standing of the Senate and specifically myself as a Senate President to bring this case forward on behalf of the Senate,” King-Nabors said.
He said the Senate was directed to submit an additional brief by the close of business Friday.
King-Nabors also said no witnesses testified during Wednesday’s hearing and the court instead heard legal arguments from both sides.
“No witnesses were brought forward and no additional testimony was taken,” he said.
According to King-Nabors, Senate legal counsel David P. Karch represented the Senate, Alison Nelson represented Macaranas, and Brendan Layde represented Apatang.
King-Nabors said Tenorio indicated that she would issue a ruling after receiving the additional information.
He said Tenorio also noted that the dispute was the kind of disagreement between branches of government that the certified-question process was designed to address. King-Nabors said the judge did not recommend that course of action.
The Senate filed its lawsuit last Sept. 18 against Macaranas, in his purported capacity as DPS commissioner, and Apatang in his official capacity as governor.
According to the Senate’s court filing, the chamber is asking the court to temporarily prevent Macaranas from exercising the powers and duties of DPS commissioner and to prevent Apatang and the Governor’s Office from permitting or directing Macaranas to act in that position while the case is pending.
The Senate’s filing states that acting governor Dennis C. Mendiola removed Macaranas on Feb. 23 and that Apatang reinstated him after returning to the CNMI in March.
The Senate alleges that because Macaranas’ reinstatement was not submitted to the Senate for advice and consent within 30 days, his appointment automatically terminated under 1 CMC § 2902 and he became ineligible for reappointment.
Those remain allegations and legal arguments raised by the Senate and have not been decided by the court.
According to the Senate’s filing, the dispute escalated in September when King-Nabors served as acting governor while Apatang and Mendiola were off-island.
The filing states that King-Nabors removed Macaranas on Sept. 11 and nominated Aniceto T. Ogumoro to serve as DPS commissioner.
The filing further states that when Apatang returned, he withdrew Ogumoro’s nomination and rescinded King-Nabors’ removal of Macaranas on Sept. 14.
The Senate’s lawsuit seeks a declaratory judgment determining Macaranas’ legal authority to serve as commissioner, relief in the nature of quo warranto challenging his right to hold the office, and temporary, preliminary, and permanent injunctive relief.
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