Home | Databases | WorldLII | Search | Feedback Supreme Court of the Commonwealth of the Northern Mariana Islands

Bank of Guam v Ruben [2008] MPSC 4; 2008 MP 22 (23 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 the 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

BANK OF GUAM,
Plaintiff-Appellee,

v.

JOHN S. RUBEN and MONA S. RUBEN,
Defendants-Appellants,

SUPREME COURT NO. CV-05-0005-GA
Superior Court No. 93-1114

SLIP OPINION

Cite as: 2008 MP 22

Decided December 23, 2008

Jane Mack, Esq., Saipan, Northern Mariana Islands, for Appellants
Michael A. White, Esq., Saipan, Northern Mariana Islands, for Appellee

BEFORE: Jesus C. Borja, Justice Pro Tem; Edward Manibusan, Justice Pro Tem; Timothy H. Bellas, Justice Pro Tem

Borja, J.:

1 Appellants John A. Ruben ("John") and Mona S. Ruben ("Mona") appeal the trial court’s order of February 1, 2005, holding them in contempt of court. Appellants claim that (1) they were entitled to court-appointed counsel, (2) the order to seek and obtain work was illegal or unconstitutional, and (3) the trial court erred in ordering Mona to work when John, using marital property, was already paying on the judgment debt. We hold that Mona was entitled to court-appointed counsel, the order to seek and obtain work was constitutional, and the trial court did not err in regard to marital property. Accordingly, the trial court’s decision is REVERSED in part and AFFIRMED in part. We REMAND the case to the trial court for further proceedings consistent with this opinion.

I

2 John and Mona Ruben are husband and wife and live together with their three children. A judgment was entered in 1994 jointly and severally against Mona and John after appellee Bank of Guam ("BOG") repossessed their car. Deficiency judgments for the motor vehicle were brought against Mona and John individually and later consolidated. The original judgment was for $8,470.83, which represented $4,619.91 in principal, $2,970.92 in interest from August 15, 1988 at 12% per annum, $800.00 in attorney’s fees, and $80.00 in costs. As of January 29, 2005, John was making payments on a prior contempt order. Mona was required to make her own payments separately.