THE Retirement Fund’s acting administrator Esther Ada as well as legal counsels Attorneys Carolyn Kern and Christopher Timmons have resigned.
Asked about Ada’s replacement, Kern said they expect the District Court will appoint a trustee ad litem for the Fund in two days.
“This individual will have limited powers that would normally belong to the board â€" including the power to proceed with litigation and to appoint a new administrator or acting administrator. We hope to be able to have this trustee ad litem appoint Esther’s replacement.â€
Ad litem is a Latin term for “for this proceeding†or “for the suit.†It refers to the appointment by the court of a party to act in a lawsuit on behalf of another party.
On Sept. 10, during a global settlement hearing, the court said it had winnowed the potential nominees for trustee ad litem to two: Hawaii lawyer William J. Plum and former CNMI Public Auditor Michael Sablan.
But Variety learned that Sablan’s nomination was withdrawn yesterday.
Designated Judge Frances Tydingco-Gatewood on Monday also ordered Kern and Fund attorney Braddock Huesman to submit by Sept. 11 the proposed duties of the Fund administrator and proposed scope of work for the trustee ad litem. Objections or modifications to their proposals should be submitted today, Sept. 12, no later than 5 p.m.
The parties were also ordered to submit additional nominees as Tyndingco-Gatewood intends to interview the nominees today, Wednesday.
Ada will remain acting administrator until Sept. 14 while Kern’s resignation takes effect on Sept. 21.
Timmons will now serve as counsel for Northern Marianas College.
Timmons, an alumnus of the University of Texas, Arlington and Valparaiso University School of Law, has been practicing law for the past 14 years.
As Fund counsel, he took the lead in bringing action against Gary Sword’s Express Electronics for its defective pension software and the Fund’s $4.4 million collection lawsuit against the Commonwealth Utilities Corp. Both remain pending in court.