2018 Annual Report
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DISTRICT COURT FOR THE NORTHERN MARIANA ISLANDS 2018 ANNUAL REPORT Photo Credited by: Vincent Vega Page 2 DISTRICT COURT FOR THE NORTHERN MARIANA ISLANDS FOREWORD 2018 ANNUAL REPORT The year 2018 was marked with major the end of this year, and I look forward to challenges as well as successes. It started in greeting you at the official opening of the new March with the implementation of the District courthouse in early 2020. Court’s COOP Agreement with the CNMI I am delighted to report that our Drug Judiciary due to the displacement of the Offender Re-Entry program has continued its Superior and Supreme Court from the Guma record of success. This past year, two more Hustisia caused by mold infestation. participants worked hard, stayed clean and In October, for the second time in three graduated from the program. years, our District sustained and survived a In memory of Randy Schmidt, former Chief direct hit from a devastating storm. Judge Alex Munson’s career law clerk, who Supertyphoon Yutu slammed into Tinian and passed away in June 2017, the Court created a Saipan with winds approaching 200 miles per service award for staff who have shown hour. Thousands, including some court staff, extraordinary dedication not only to their own suffered extensive damage to their homes or work but especially to assisting their co- even lost them altogether. workers. This first year, the award was shared RAMONA V. MANGLONA Partly because of lessons learned in by Bill Bezzant and Amanda Hayes. The Supertyphoon Soudelor in 2015, the Court was annual Randy Schmidt Employee Recognition CHIEF JUDGE able to resume operation less than a week after Award could not be off to a better start. Yutu struck, with employees working The Court is proud of the nearly two hundred staggered shifts to allow them time to attend to persons it had the honor to welcome into the MISSION their families and start to rebuild their lives. American family in naturalization ceremonies STATEMENT I would like to extend my heartfelt gratitude in 2018. The Court is also gratified by the high to all those who provided us with support in levels of participation by CNMI students in the aftermath of Yutu, including technical mock trial competition, which was held in our The mission of the assistance, supplies, donations, and well- courtroom, and the Circuit’s annual civics wishes. I am also proud of our dedicated staff contest. The year ended with the longest partial U.S. District Court who worked hard to make sure that the Court government shutdown that started in December for the Northern was open and ready to serve our community. due to the lack of an approved budget. Fortunately, the judiciary managed to avoid Despite the typhoon, work on the new federal any court closures during this period. Mariana Islands is courthouse building in Gualo Rai has made to serve the steady progress. The walls are going up, as can It is an honor to serve as Chief Judge for this be seen from Middle Road and Beach Road, District. I am grateful to the members of our community by and the floor of the courtoom has been poured. court family, who have once again proven their Construction is on schedule to be completed by ability to rise above adversity. ensuring equal access to justice for GENERAL INFORMATION all by providing an The District Court for the Northern Mariana chambers staff and 13 clerk’s office staff. These impartial forum to Islands was established by an act of Congress in hard-working employees serve chambers and 1977 and became operational in January 1978. the community by assisting Chief Judge resolve disputes in It sits on the island of Saipan, in the CNMI, but Manglona with court operations. may also sit at other places within the The Office of Pretrial and Probation Services a fair, effective, Commonwealth. The District Court has the for the Districts of Guam and the Northern same jurisdiction to hear federal cases as the Mariana Islands has three employees stationed and timely manner United States District Courts, including on Saipan. bankruptcy cases. Appeals are taken directly to pursuant to the rule the United States Court of Appeals for the Petit (trial) and grand jurors are selected in Ninth Circuit. accordance with the Jury Plan. Citizens from of law. the islands of Saipan, Tinian and Rota provide As the smallest and youngest district among the an invaluable service to the court and the 94 district courts, the District Court for the community each year by serving as jurors Northern Mariana Islands employs three during civil and criminal trials and grand jury proceedings. Page 3 JUDGES On January 26, Judge on July 30, 2011. In 2013, Chief Judge 2011, President Chief Judge Manglona is the Manglona appointed the Barack Obama first person of Northern Honorable Heather L. nominated the Mariana Islands descent to Kennedy to serve as the first H o n o r a b l e serve as a federal judge. Magistrate Judge for the Ramona Villagomez District Court for the The Honorable Alex R. Manglona to serve as Northern Mariana Islands. Munson served as the Chief District Court Judge. Judge Judge Kennedy became Judge of the District Court Manglona's nomination was Clerk of Court on April 15, for the Northern Mariana confirmed by the Senate on 2 0 1 3 , a n d a s s u m e d Islands from 1988 to 2010, July 27, 2011. On July 29, magistrate judge duties on when he then took senior 2011, President Obama June 11, 2013. On February status. Judge Munson signed the commission, 6, 2017, she was reappointed continues to serve the court which was the official act of for a second four-year term and the community by appointment of Judge after undergoing a review by presiding over settlement Manglona to the District a Merit Selection Panel and conferences and other court HEATHER L. KENNEDY Court. Judge Manglona public comment period. matters a few times a year. assumed office as Chief Clerk of Court/ Magistrate Judge DESIGNATED JUDGES On occasion, federal judges California), Magistrate judge in the District Court from districts throughout Judge Joaquin V. for the Northern Mariana the Ninth Circuit preside Manibusan, Jr. (District of Islands. The District Court over certain matters in the Guam) and Chief thanks Presiding Judge District Court for the Bankruptcy Judge Robert J. Roberto C. Naraja and Northern Mariana Islands. Faris (District of Hawaii) for Associate Judge Teresa Kim- The Court is grateful to their assistance. Tenorio, of the Chief Judge Frances M. Commonwealth Superior T y d i n g c o - G a t e w o o d Pursuant to 48 USC § 1821, Court, who serve this Court (District of Guam), Senior judges of courts of record of as designated judges. Judge John C. Coughenour the Northern Mariana FRANCES M. TYDINGCO- (Western District of Islands may be assigned GATEWOOD Washington), Judge David temporarily to serve as a O. Carter (Central District of Chief Judge (Guam) ROBERTO C. NARAJA TERESA KIM-TENORIO Designated Judge Designated Judge DISTRICT COURT Page 4 FOR THE NORTHERN MARIANA ISLANDS 2018 ANNUAL REPORT 2018 ANNUAL DISTRICT CONFERENCE On March 10, 2018, the District Court Judge Ramona V. Manglona; Charles E. held its Annual District Conference at Brasington, President of CNMI Bar Kanoa Resort, Saipan. The conference Association; and Bruce Berline. Judge theme was “Doing Business in Today’s McKeown headlined the remaining CNMI.” morning sessions on legal ethics with fellow panelists Steven P. Pixley and The conference greatly benefited from Catherine J. Cachero. Judge McKeown the insights of special guests: Judge M. spoke about challenges in representing Margaret McKeown, U.S. Court of organizations, including identifying the Appeals for the Ninth Circuit; David client and possible conflicts. The panel Addington, Senior Vice President, was moderated by Nicole M. Torres- General Counsel and Chief Legal Officer Ripple. Following the panel discussion, of the National Federation of Judge McKeown presented on civility in Independent Business; and Nelson Xu, the legal profession, particularly in to partner at Baumann, Kondas, & Xu. discovery disputes. Their participation was made possible due to the dedicated efforts of Vincent The afternoon sessions focused on three J. Seman, Ninth Circuit Lawyer substantive legal issues that CNMI Representative: and Bruce L. Berline, businesses and lawyers face: business CJA Panel Representative and formation, taxation, and immigration. Resource Counsel, who helped Janet H. King and Matthew T. Gregory organized the conference. introduced David Addington, who discuss how to advise clients creating The morning sessions began with small businesses and, with panelist Dave presentations about the achievements Burger, CPA, Burger Comer Magliari of and the challenges facing our legal LLC, spoke about recent federal tax community. Attendees heard remarks reforms. The panel was moderated by from Circuit Judge McKeown; Chief Dean Manglona. 2018 District Conference Group Photo Photo Credit: Bill Bezzant Page 5 Top Left: Chief Judge Ramona V. Manglona Top Right: Judge M. Margaret McKeown, U.S. Court of Appeals for the Ninth Circuit Bottom Left: Bruce Berline Afternoon Session (Left to Right): Matthew T. Gregory, David Addington, and Janet H. King Bottom Right: Nelson Xu Morning Session (Left to Right): Steven P. Pixley, Judge M. Margaret McKeown, Catherine Cachero, and Nicole M. Torres-Ripple Afternoon Session (Left to Right): Dean Manglona, Dave Burger, and David Addington Photo Credit: Bill Bezzant Opening Remarks by Chief Judge Manglona DISTRICT COURT Page 6 FOR THE NORTHERN MARIANA ISLANDS ATTORNEY REPRESENTATIVES NINTH CIRCUIT LAWYER REPRESENTATIVE The District’s Ninth Circuit Lawyer Prior to joining Century Insurance, he was Representative is Vincent J.