Feliciano v. Commonwealth Superior Court

5 N. Mar. I. 211, 1999 MP 3, 1999 N. Mar. I. LEXIS 7
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
DecidedFebruary 4, 1999
DocketOriginal Action No. 98-006; Civil Action Nos. 95-626 & 96-1337
StatusPublished
Cited by1 cases

This text of 5 N. Mar. I. 211 (Feliciano v. Commonwealth Superior Court) is published on Counsel Stack Legal Research, covering Supreme Court of The Commonwealth of The Northern Mariana Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Feliciano v. Commonwealth Superior Court, 5 N. Mar. I. 211, 1999 MP 3, 1999 N. Mar. I. LEXIS 7 (N.M. 1999).

Opinion

PER CURIAM:

We are asked by petitioners to issue a writ of prohibition against the Superior Court denying the motions regarding actions taken against Milagros Feliciano (“Milagros”). The petitioners ask us to allow the O’Connor, Berman, Dotts & Banes Firm (“the O’Connor firm”) and Manuel Teehankee (“Teehankee”) to represent Milagros in her capacity as guardian for Mercedita Feliciano (“Mercedita”). We are further asked to direct the Superior Court to start the proceedings that led up to the reference to the Special Master with O’Connor and Teehankee as counsel.1 We deny the petition in its entirety.

JURISDICTION AND STANDARD OF REVIEW FOR ISSUANCE OF A WRIT

; We have jurisdiction over extraordinary writs pursuant to our general supervisory powers codified at 1 [213]*213CMC § 3102(b). Taimanao v. Superior Court, 4 N.M.I. 94 (1994); see also Tenorio v. Superior Court, 1 N.M.I. 1, 7 (1989).

¶3 A writ of prohibition is a drastic remedy that will not be granted except to confine an inferior court to the exercise of its prescribed jurisdiction. Tenoriov. Superior Court, 1 N.M.I. 1 (1989). In determining whether to issue a writ, we are guided by the five factors set out in Tenorio.2

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Mercedita, born on December 22,1995, is a Qualified Heir Claimant (“QHC”) to the Hillblom Estate. Milagros is Mercedita’s grandmother and guardian ad litem.

From November 1996 until the present, attorney Charles Rotbart (“Rotbart”) has represented Milagros in her capacity as guardian ad litem for Mercedita. Rotbart is also currently representing attorney Perry B. Inos (“Inos”), co-guardian ad litem to Mercedita. Milagros is currently represented by three other attorneys, Antonio Atalig (“Atalig”), Teehankee and Jerome Leitner (“Leitner”).

¶5 On December 17, 1997, the CNMI Probate Court approved a Settlement Agreement for a share in the Estate of Larry Hillblom reached by the major claimants to the Estate: the Trust and the pretermitted heirs. Mercedita has established a presumption that she is a Qualified Heir Claimant entitling her to receive 15% of the net distributable estate. The probate proceedings have continued since 1997, the year of the settlement, and are expected to continue through at least this year.

¶6 On October 15, 1998, the CNMI Probate Court conducted a hearing on estate administration matters and an in camera hearing to address issues relating to QHC Mercedita.

¶7 On October 19,1998, the CNMI Probate Court issued an Order Regarding Executor’s Ex Parte Petition for Expedited Hearing and Instructions Regarding Guardianship Proceedings and Petition.3 The Probate Court issued other orders on October 19 that were directed to all Qualified Heir Claimants: an Order to Show Cause Why Services Payments and Interim Payments ShouIdNot Be Suspended or Repaid; an Order Appointing Special Master; and an Order Regarding Inclusion of Executor in Aid of Probate Court Jurisdiction.

¶8 On November 12, 1998, the Probate and Guardianship Courts issued a joint order appointing the Special Master to report to both courts on the six issues enumerated in the October 19 Special Master Order. On November 13, 1998, pursuant to the mandate of the Executor Inclusion Order, the Executor moved for a hearing regarding QHC Feliciano’s Interim Payments Accounting, filed on October 28,1998. In that motion the Executor outlined deficiencies in the accounting that were to be provided by the reporting obligations of the March 9, May 6, and October 19 orders. The Executor sought the appointment of an emergency guardian residing in the Commonwealth until a full hearing could be conducted.

¶9 On November 17, 1998, Milagros moved for the appointment of Fausto R. Preysler Jr. as co-guardian ad litem. On the same day the Probate Court and Guardianship Court jointly issued a “Special Emergency Reference to Special Master” authorizing and directing Special Master Rexford C. Kosack to investigate and report on issues relating to Mercedita and her guardian ad litem, Milagros. The court concurrently issued a sua sponte appointment of Inos as Mercedita’s emergency temporary co-guardian ad litem.

¶10 On November 18,1998, Milagros appeared with off-island attorney Teehankee and local attorney Michael Dotts (“Dotts”), both seeking permission to participate in the hearing as counsel for Milagros in her capacity as guardian ad litem and to substitute Teehankee for Rotbart as lead counsel for Milagros. The Special Master denied the oral motion to substitute, directed Milagros to file a formal motion seeking a substitution from the court. Teehankee, Dotts and Preysler were denied participation in the proceedings unless the Commonwealth courts expressly permitted participation. The Special Master ordered a medical examination of Mercedita and issued a standing order of confidentiality governing all proceedings concerning QHC Mercedita.

¶11 On November 19, 1998, Inos filed an Ex Parte Emergency for Approval of Retention of Counsel motion to retain Rotbart as counsel. This motion to retain counsel [214]*214of record was joined the next day by The Barde of Saipan as Executor of the Estate. Inos stated he believed it was not in the best interest of Mercedita to terminate Rotbart as counsel.

¶12 On November 20, 1998, Milagros moved for a substitution of counsel. The motion sought to dismiss Rotbart and to retain Teehankee along with attorneys Dotts and O’Connor of the O’Connor firm and Atalig, as local counsel. Atalig also filed an application for Teehankee to appear pro hac vice. Milagros also filed papers seeking to have the motion to substitute heard on shortened time. The motions were signed by O’Connor and Teehankee.

¶13 The Executor opposed the substitution of Teehankee and joined Inos’ retention motion. The court issued an order which (1) ordered the attendance of Milagros, Mercedes, and Mercedita at the scheduled hearing on November 27, 1998; (2) suspended the pro hac vice admission of Teehankee until the November 27, 1998 hearing; (3) held Rotbart in contempt for failing to have his clients appear pursuant to the October 19,1998, order; (4) ordered a special hearing in the attorney retention and substitution motions on November 24, 1998; and (5) ordered the confidentiality of all proceedings. In the Matter of the Estate of Larry Lee Hillblom, No. 96-0626 (N.M.I. Super. Ct. Nov. 23, 1998) (Corrected and Amended Order).

¶14 At the November 24, 1998, hearing, the court issued its written order denying the motion to substitute counsel for Mercedita and the motion to amend the Special Emergency Reference. In re Mercedita Feliciano, a Minor, No 96-1337 (N.M.I Super. Ct. Nov. 27, 1998) (Order Denying Motion to Substitute Counsel). The court determined that substitution of counsel was not in the best interest of QHC Feliciano, although the court specifically approved of the representation by Teehankee, through local counsel Atalig for Milagros in her individual capacity in the Special Master proceedings. Id. The Motion to Substitute Counsel was denied on a number of grounds. Id. Inos’s motion for retention of Rotbart as counsel for QHC Feliciano was granted. Id. Teehankee was later joined in his representation of Milagros by off-island counsel Leitner.

¶15 On November 30, 1998, Rotbart filed a motion to withdraw as counsel of record for Milagros.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Torres
Sup. Ct. of the Comm. of the N. Mariana Islands, 2025

Cite This Page — Counsel Stack

Bluebook (online)
5 N. Mar. I. 211, 1999 MP 3, 1999 N. Mar. I. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feliciano-v-commonwealth-superior-court-nmariana-1999.