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In the Matter of the Estate of Peter (rhe) [2000] MHSC 1; 2 MILR 157 (10 January 2000)

2 MILR 157

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 95-02
(High Ct. Probate No. 1994-002)

IN THE MATTER OF THE ESTATE OF MARIA PETER, Deceased,

By: HENSE HENSENE,
Petitioner-Administrator

-v-

WITTEN T. PHILIPPO,
Respondent,

and

OKJEN KOBAIA
Respondent-Real Party in Interest.

ORDER DENYING MOTION FOR REHEARING, VACATION OR MODIFICATION

JANUARY 10, 2000

FIELDS, C.J.

James McCaffrey, acting in violation of P.L. 1994-87, being the Probate Code (Amendment) Act of 1994 and certified and became law on March 3, 1994, filed a "Petition for Writ of Mandate, Prohibition or other Appropriate Relief” on November 22, 1995. The petition was properly denied by Chief Justice Clinton Ashford; his Order dated December 13, 1995.

Thereafter Attorney McCaffrey began an assault upon the integrity of the Acting Chief Justice of the High Court, Witten Philippo, as well as upon the Chief Justice of the Supreme Court, Canton R. Ashford. McCaffrey filed several unwarranted requests with the Judicial Service Commission in an attempt to circumvent the Republic of the Marshall Islands Constitution and to interfere with the independence of the Judiciary. The second request was on June 25, 1996, following the resignation of both Justice Witten Philippo and Chief Justice of the Supreme Court, Clinton R. Ashford. Both resignations were a direct result of McCaffrey's unwarranted and unjustified accusations made to the then Cabinet of the RMI. McCaffrey had no standing to appear and represent the administrator in this action since he was clearly prevented from doing so by a valid and duly enacted law of the Nitijela. (P.L 1994-87). His continued appearance was also contrary to a direct Order issued by Judge Philippo, McCaffrey's direction to the Clerk of the High Court to remove a letter to the Court from opposing Counsel, from the file may well be a violation of Title 31, Section III of the Revised Code as well as Disciplinary Rules.

The deliberate misleading and unwarranted actions of Attorney McCaffrey resulted in the resignation of the two of the finest justices to serve the Judiciary and the citizens of the Marshall Islands.

This Court takes judicial notice of two letters written by Justice Witten Philippo. One letter dated February 8, 1996 addressed to then President, Amata Kabua, setting forth McCaffrey's inappropriate conduct which was contrary to the Constitution of the RMI. The second letter, dated June 30, 1996, directed to then Justice Daniel Cadra, as Chief Justice of the High Court and Chairman of the Judicial Service Commission, pointing out the false statements of Attorney McCaffrey.

The purpose of P.L. 1994-87 was to prevent private attorneys from taking money awarded Marshallese citizens for Nuclear Claims damages. The purpose of the Act was to insure that the compensation go to the injured Marshallese citizens. The RMI Legal Aid or the Public Defender was to provide legal services free to the citizens. This Act was declared constitutionally valid in In the Matter of Public Laws Nos. 1993-56 and 1994-87, 2 MILR 27 (Feb 3, 1995).

To allow McCaffrey to make a belated claim that he is hired by Legal Aid would be to circumvent the will of the Nitijela in addition any money paid to McCaffrey by Legal Aid would deplete the budget of Legal Aid, thus preventing deserving Marshallese citizens from free legal services as directed by the Nitijela.

There is nothing presently pending in the Supreme Court in this matter. This Court has validly denied the writ filed by McCaffrey. McCaffrey has absolutely no legal standing to file any papers or motions in this Court or the High Court in the matter of the Estate of Maria Peter.

There is no stay Order in the High Court since there is no appeal pending in the Supreme Court in this matter. Thus all Orders issued by Justice Witten Philippo shall remain in full force and effect.

IT IS ORDERED that the Public Defender shall be the Attorney for the Administrator. The High Court shall appoint a substitute administrator in this action.

IT IS FURTHER ORDERED that James McCaffrey shall abstain from all attempts to represent the Administrator in this matter in the High Court and in this Court. Any attempt to violate this Order in any way shall result in a contempt of court and any other sanctions, including the suspension to practice law in the RIM. In addition, the High Court has on November 23, 1995, issued an Order ordering McCaffrey to cease further filings in this case.

IT IS FURTHER ORDERED that the Clerks of the Courts shall not accept any motions or other filings from James McCaffrey in this matter, as they would violate the Act of the Nitijela, the Order of the High Court, and the Order of the Supreme Court.

The High Court is directed to proceed with the orderly distribution of the assets of the decedent, Maria Peter.