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Pacific Financial Corporation v Muna [2008] MPSC 3; 2008 MP 21 (19 December 2008)

Notice: This slip opinion has not been certified by the Clerk of the Supreme Court for publication in the permanent law reports. Until certified, it is subject to revision or withdrawal. In any event of discrepancies between this slip opinion and the opinion certified for publication, the certified opinion controls. Readers are requested to bring errors to the attention of the Clerk of the Supreme Court, PO Box 502165 Saipan, MP 96950, phone (670) 236-9715, fax (670) 236-9702, e-mail SupremeCourtClerk@justice.gov.mp.

IN THE SUPREME COURT OF
THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

PACIFIC FINANCIAL CORPORATION,
Plaintiff-Appellee,

v.

LAWRENCE C. MUNA,
Defendant-Appellant.

SUPREME COURT NO. 05-0009-GA
SUPERIOR COURT NO. 02-0092

SLIP OPINION

Cite as: 2008 MP 21

Decided December 19, 2008

Michael A. White, Esq., Saipan, Northern Mariana Islands, for Plaintiff-Appellee
Jane Mack, Esq., Micronesian Legal Services Corp., Marianas Office, for Defendant-Appellant

BEFORE: Alexandro C. Castro, Associate Justice; John A. Manglona, Associate Justice; Jose S. Dela Cruz, Justice Pro Tem

Manglona, J.:

1 Defendant Lawrence C. Muna appeals the trial court’s order holding him in contempt for failure to comply with an order to make monthly payments on a consumer debt, arguing the trial court should have advised him of his right to counsel. We hold that an alleged civil contemnor facing a loss of liberty has a right to counsel at a contempt hearing unless that right is explicitly waived. Because the trial court failed to advise Muna of his right to counsel, we VACATE the trial court’s contempt order and REMAND the case for proceedings consistent with this opinion.

I

2 Pacific Financial Corporation ("PFC") filed a complaint with the trial court in February 2002 alleging that Muna was delinquent in paying the $8,176 in consumer debt he owed PFC. Muna failed to respond to the complaint, and the trial court entered a default judgment against him. The trial court ordered Muna to satisfy the judgment at the rate of $60 per month. Muna, however, failed to make any payments on the judgment for twelve months. Consequently, in March 2005, the trial court ordered him to show cause why he should not be held in contempt for failure to comply with its order.