Buckingham is a fugitive of justice

FORMER Attorney General Edward T. Buckingham is a fugitive of justice, according to Superior Court Judge David A. Wiseman in his eight-page decision yesterday.

Wiseman at the same time denied Buckingham’s motion to quash the $50,000 bench warrant without prejudice based on the fugitive disentitlement doctrine that was invoked by Office of Public Auditor legal counsel George L. Hasselback.

The fugitive disentitlement doctrine generally provides that the fugitive from justice may not seek relief from the judicial system whose authority he or she evades.

Wiseman said Buckingham’s argument was “without merit.”

Buckingham argued that the doctrine does not apply because he is not a fugitive.

The former AG said the court “never acquired personal jurisdiction over [him] or, in the alternative, personal jurisdiction was lost when OPA filed an amended information without serving [the] defendant an amended summons.”

Wiseman said the circumstances surrounding Buckingham’s absence from the court’s jurisdiction “provides even strong…evidence of intent to avoid prosecution.”

“Not only did [Buckingham] learn of the pending charges while still in the court’s jurisdiction, he also surrounded himself with police officers on his way to, and through, the Saipan International Airport in an apparent attempt to avoid service of penal summons. In any case, it is undisputed that [Buckingham] left the CNMI with knowledge that he had a court-ordered appearance scheduled three days later to face the criminal charges filed against him.”

Wiseman said because Buckingham “chose to disobey a court order and flee jurisdiction with knowledge of the pending charges, he has forfeited his right to challenge the validity of the service of penal summons and the amended information.”

Wiseman said as long as Buckingham remains outside the CNMI and the court’s jurisdiction, he may not call upon the resources of the court for determination of his claims.”

Buckingham has been accused by OPA of Ethics Code violations, misconduct in public office and obstruction of justice.

He has denied the charges.