Sonoda v Burnett [1974] TTLawRp 69; 7 TTR 156 (11 December 1974)

7 TTR 156

JESUS A. SONODA, Plaintiff

v.

HAROLD W. BURNETT, Chief Justice, Trust Territory of the
Pacific Islands, EDWARD E. JOHNSTON, High Commissioner, Trust Territory of the Pacific Islands, and TRUST TERRITORY OF THE PACIFIC ISLANDS, Defendants

Civil Case No. 103-74

Trial Division of the High Court

Mariana Islands District

December 11, 1974

Action by judge seeking to hold office after appointment had run out. The Trial Division of the High Court, Hefner, Associate Justice, held that where judge had held over after appointment he was serving at the discretion of the High Commissioner, who had authority to reappoint.

1. Prohibition—Prerequisites for Writ

A writ of prohibition will issue only when there has been an action by an inferior court which is either in excess of its jurisdiction or which is such as to constitute an abuse of that jurisdiction.

2. Prohibition—Particular Cases

Attack on judge assigned to hear case involved was not a proper basis for a writ of prohibition.

3. Civil Procedure—Motion To Dismiss—Tests

Upon a motion to dismiss, the complaint must be construed in the light most favorable to the plaintiff, the allegations being treated as facts, and there should be no dismissal if it is reasonably conceivable that at the trial the plaintiff might establish a cause of action.

4. Civil Procedure—Motion To Dismiss

The purpose of a motion to dismiss is to pierce the pleadings and assess the proof in order to see whether there is a genuine need for a trial.

5. Civil Procedure—Complaint

Complaint containing conclusions and opinions without facts upon which to base them and incorporating by reference an exhibit of complainant, was poor pleading but would not be dismissed on motion if the court could sort out a short and plain statement of a claim upon which relief could be granted. (Rules Civil Proc. 8c(1))

6. Judges—Tenure

After term of appointment as Associate Judge of District Court ended, appointee served as a holdover de facto judge until reappointment or until a new appointee replaced him pursuant to statute or until his holdover status was terminated by the High Commissioner, and he simply served at the discretion of the High Commissioner. (5 TTC § 251)

7. Judges—Tenure

Judge who continued to serve without reappointment after end of term to which he was appointed was entitled to salary received during holdover period, and estoppel would apply should the government or its officials attempt to recover the salary.

8. Estoppel—Generally

Estoppel precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth by the person's acts, deeds or representations, either express or implied.

9. Judges—Tenure