Palau Legal News: Senate Attorney Termination Measure Tabled with Positive Report
The Senate Judiciary and Governmental Affairs Committee (JGA) headed by Senator J. Uduch Sengebau-Senior has tabled the resolution calling for the termination of Senate Senior Legal Counsel Aaron Esty.
Last August 20, 2014, Senator Mlib Tmetuchl introduced a resolution calling for the immediate termination of Esty over alleged ethical violations. Tmetuchl stated in the resolution that the American lawyer has abused his discretionary authority to recommend and to facilitate the process of hiring his wife Chirila as his Assistant Legal Counsel.
The Senator also charged that Esty’s direct involvement in the process of hiring his wife as his Assistant Legal Counsel at the Senate presents an appearance of impropriety that the Senate has failed to resolve with the appropriate reprimand of termination at the administrative level.
In tabling Tmetuchl’s resolution, the JGA Committee issued a standing report on October 16, 2014 that concluded that Esty did not violate any laws or regulations with regards to the hiring of his wife. The Committee Report states that after reviewing the facts and consulting with the Code of Ethics Act, the rest of the Palau National Code, the Senate’s Rules of Procedure, the Constitution, and the ABA Model Rules of Professional Conduct, the Committee has reached the conclusion that Mr. Esty’s actions have violated no law or regulation.
The Report notes that Esty did not initiate or even suggest the hiring of his wife. “He was careful to keep himself removed from the hiring process and he was ultimately the one who sought an advisory opinion to determine if the hiring would violate the applicable rules of ethics. He did not abuse his position within the meaning of the Code of Ethics Act or any relevant professional code of conduct,” the Report further states.
“It is the conclusion of the Committee therefore, that the actions of Mr. Esty in regards to the possible hiring of his wife and Standing Committee Report No. 9-184 do not violate any applicable, law, regulation, or code,” the Report concludes. It says that based on the foregoing, the Committee recommends, pursuant to Senate Rule of Procedure 6(G), that this resolution be tabled, and that the Senate take no further action on it.
The Committee Report was signed by Senior and three other members of the JGA Committee- Senators Raynold Oilouch, Surangel Whipps, Jr., and Mason Whipps. Three other members of the Committee-Senators Mlib Tmetuchl, Joel Toribiong, and Hokkons Baules- did not sign the report. In a phone interview, Uduch defended the Committee’s actions. “Sen. Joel (Toribiong) asked why the Committee has to put the Report on the floor and then table it. We have to do that as since Sen. Tmetuchl’s resolution is all over the Internet and we have to explain that the resolution is wrong and not accurate,” the Senator explained. Tmetuchl could not be reached for comment as of press time.
Last August 20, 2014, Senator Mlib Tmetuchl introduced a resolution calling for the immediate termination of Esty over alleged ethical violations. Tmetuchl stated in the resolution that the American lawyer has abused his discretionary authority to recommend and to facilitate the process of hiring his wife Chirila as his Assistant Legal Counsel.
The Senator also charged that Esty’s direct involvement in the process of hiring his wife as his Assistant Legal Counsel at the Senate presents an appearance of impropriety that the Senate has failed to resolve with the appropriate reprimand of termination at the administrative level.
In tabling Tmetuchl’s resolution, the JGA Committee issued a standing report on October 16, 2014 that concluded that Esty did not violate any laws or regulations with regards to the hiring of his wife. The Committee Report states that after reviewing the facts and consulting with the Code of Ethics Act, the rest of the Palau National Code, the Senate’s Rules of Procedure, the Constitution, and the ABA Model Rules of Professional Conduct, the Committee has reached the conclusion that Mr. Esty’s actions have violated no law or regulation.
The Report notes that Esty did not initiate or even suggest the hiring of his wife. “He was careful to keep himself removed from the hiring process and he was ultimately the one who sought an advisory opinion to determine if the hiring would violate the applicable rules of ethics. He did not abuse his position within the meaning of the Code of Ethics Act or any relevant professional code of conduct,” the Report further states.
“It is the conclusion of the Committee therefore, that the actions of Mr. Esty in regards to the possible hiring of his wife and Standing Committee Report No. 9-184 do not violate any applicable, law, regulation, or code,” the Report concludes. It says that based on the foregoing, the Committee recommends, pursuant to Senate Rule of Procedure 6(G), that this resolution be tabled, and that the Senate take no further action on it.
The Committee Report was signed by Senior and three other members of the JGA Committee- Senators Raynold Oilouch, Surangel Whipps, Jr., and Mason Whipps. Three other members of the Committee-Senators Mlib Tmetuchl, Joel Toribiong, and Hokkons Baules- did not sign the report. In a phone interview, Uduch defended the Committee’s actions. “Sen. Joel (Toribiong) asked why the Committee has to put the Report on the floor and then table it. We have to do that as since Sen. Tmetuchl’s resolution is all over the Internet and we have to explain that the resolution is wrong and not accurate,” the Senator explained. Tmetuchl could not be reached for comment as of press time.