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The Judiciary TheNORTHERN Judiciary MARIANA ISLANDS

AANNUALNNUAL RREPORTSEPORTS 2010 & 2011

I n s i d e

Message from 3 Acting Chief Justice Alexandro C. Castro

Supreme Court Justices 4

Superior Court Judges 5

Events 2010 10 2011 1018

Court Decisions 33

Law Revision Commission 34

The Numbers 36

2 Progress and Transition

On behalf of the Justices, Judges and members of the Judiciary staff it is my pleasure to present the NMI Judiciary’s Annual Re- port 2010 and 2011. The fair and unbiased administration of justice remained central to our ambition of service to the people of the Commonwealth during these two years. We have endeavored to find the means to improve the efficiency and accessibility of the justice system. For example, the Judicial Council, formed at the end of 2009, unified Supreme and Superior administrative func- Acting Chief Justice Alexandro C. Castro Message tions to maintain effective court operations during difficult financial times. Northern Marianas Judiciary – An His- torical Overview, several years in the We are proud of our recognized achieve- making, was completed and published. ments and successes; such as, on a national level, the Outstanding Criminal Justice Pro- Transition was especially noteworthy in gram Award earned by our Family Court late 2011 when key members of the Judi- for the assistance it has provided families ciary retired or moved on. Sad was the and pro se litigants. Also, the Office of premature retirement of Chief Justice Mi- Adult Probation, in addition to handling the guel S. Demapan. Judge Ramona V. press of their case load, worked with the Manglona was selected to fill the vacancy Legislature to pass Public Law 17-49. This at the United States District Court for the legislation conforms the local sex offender Northern Marianas, occurring as a result registry law to the requirements of the na- of the retirement of Chief Judge Alex R. tional registry act, which saved a significant Munson. Joseph N. Camacho was ap- portion of the Judiciary’s annual federal as- pointed to fill the Associate Judge position sistance grant from being lost. she had vacated, and Wayne M. Archib- lad, who was instrumental to the Judici- The Judiciary’s community outreach ef- ary’s IT evolution and its system adminis- forts, undertaken to extend the basic knowl- trator for ten years, also retired. edge of government, included scholastic competitions occurring in the spring around When looking back with pride upon 2010 Law Week, such as We the People, Mock and 2011, I feel the hard working and Trial and the Attorney Generals’ Cup. We dedicated staff of the Judiciary deserve expanded the age groups involved in our special thanks and recognition. Looking outreach efforts through the introduction of forward, I am confident that we will con- a Law Day Poster and Essay contest for tinue to strive for excellence in the fulfill- grade school students of the fifth through ment of our constitutional responsibilities. eighth grades. Furthermore, the book, The

Justices of the

Commonwealth Supreme Court

MIGUEL S. DEMAPAN Chief Justice, Retired (1999-2011)

Supreme Court Associate Justice (1998-1999) Associate Judge (1992-1998)

ALEXANDRO C. CASTRO

Acting Chief Justice (2011 to present)

Associate Justice (1998 to 2011)

Designated Justice, Guam Supreme Court Presiding Judge, Superior Court

(February 1993 to July 1998)

JOHN A. MANGLONA

Associate Justice (May 2000 to present)

Designated Justice, Guam Supreme Court

Associate Judge

(July 1998 to May 2000)

Judges of the

Commonwealth Superior Court

ROBERT C. NARAJA Presiding Judge (March 2003 to present)

Associate Judge Superior Court (November 2001 to March 2003)

Designate Judge, U.S. District Court for the NMI (January 2010 to present)

DAVID A. WISEMAN

Associate Judge (March 2001 to present)

Designated Judge, U.S. District Court for NMI. (July 2002 to present)

Special Judge (September 1995 to March 2001)

RAMONA V. MANGLONA Associate Judge (May 2003 to July 2011)

Judges of the

Commonwealth Superior Court

KENNETH L. GOVENDO Associate Judge Superior Court (June 2003 to present)

PERRY B. INOS Associate Judge (September 2008 to present)

JOSEPH N. CAMACHO Associate Judge

(November 2011 to present)

JUDICIARY STAFF 2010 and 2011 SUPREME COURT

Jennifer Dockter Clerk of Court Daniel C. Stafford Clerk of Court * Jeffrey B. El-Haj j Law Clerk Charlotte S. Sanders Law Clerk Judiciary Staff Daniel F. Bednarski Law Clerk Steven W. Gardiner Law Clerk * Seth L. Gordon Law Clerk * Daniel T. Guidotti Law Clerk * Michael A. Stanker Law Clerk * Nora V. Borja Secretary Irene T. San Nicolas Secretary Martha B. Mendiola Secretary

SUPERIOR COURT

Sonia A. Camacho Special Assistant to the Presiding Judge; Deputy Director of Courts Deanna M. Manglona Law Clerk Eden L. Schwartz Law Clerk Pejman D. Kharrazian Law Clerk Sean E. Smith Law Clerk Michael Wilt Law Clerk * Jordan A. Davis Law Clerk * Vivian S. Dela Cruz Secretary to Assoc. Judge Ignatia C. Aldan Secretary to Assoc. Judge Mary Lou C. Villagomez Secretary to Presiding Judge * Divana M. Dela Cruz Secretary to Assoc. Judge * Cecilia R. Sablan Secretary to Assoc. Judge * Evelyn P. Calvo Accountant II Jason D. Kelley Account Clerk II

(* indicates departure from the Judiciary prior to the end of 2011)

Judiciary Administrative Office Tracy M. Guerrero Director of Courts Michael C. Villacrusis Systems Administrator Wayne M. Archibald Systems Administrator * Gene E. Weaver Building Superintendent Jim W. Stowell Public Information Officer Rose Lynette M. Camacho Assistant Clerk of Court John J. Demapan Computer Specialist 1 Steven S. Cabrerra Administrative Assistant

Judiciary Staff Raymond C. Babauta Maintenance Anthony P. Benavente Chief Marshal Jesus S. Santos Deputy Marshal III Juan E. K. Atalig Deputy Marshal II Gideon S. Kikku Deputy Marshal I Luis H. Hocog Deputy Marshal- Rota * Roemar Miras Segotier Deputy Marshal -Tinian * Manuel Q. Tenorio Marshal Intern * Cindy D. Serrano Marshal Intern * Benusto M. Lisua arshal Intern * Froilan M. Camacho Jr. Marshal Intern * Frankie S. Camacho Marshal Intern * Jeffrey F. Castro Marshal Intern * Quaid O. Ngirchongor Marshal Intern * Eugene Tenorio Marshal Intern *

Office of the Clerk of the Superior Court Bernadita A. Sablan Clerk of Court Theodora S. Decena Deputy Clerk III Roxanne M. Weaver Deputy Clerk II Kristy N. Diaz Deputy Clerk I Luis S. Villagomez Deputy Clerk I Daisy S. Mendiola Deputy Clerk I George M. Lisua Deputy Clerk I Rosie Jane T. Ada Deputy Clerk I Sabrina Lynn Dela Cruz Deputy Clerk I Winnifreda Dlg Mendiola Deputy Clerk I Rota* Glenn L. Maratita Deputy Clerk I - Rota Marleen E. Santos Deputy Clerk I - Tinian Dexter D.C. Macaranas Records Assistant * Abelinas S. Romolar Records Assistant *

Family Court Division Patrick V. Diaz Family Court Manager Nikita E. M. Cabrera Project Assistant

Commonwealth Recorder’s Office

Judiciary Staff Luise S. Deleon Guerrero Commonwealth Recorder Michelle L. Atalig Administrative Assistant (Rota)

Office of Adult Probation Ursula I. Lifoifoi-Aldan Chief Probation Officer Simram D. Simram Probation Officer III Juan R. Aguon Probation Officer II Shirley Camacho-Ogumoro Probation Officer II Oscar C. Torres Probation Officer I Jose L. Mafnas Probation Officer I Prisillia S. Cabrera Assistant Probation Officer Tersha T. Tesiro Assistant Probation Officer * Barbara K. Santos Probation Clerk III

Law Revision Commission Heather L. Kennedy Executive Director Janet H. King Staff Attorney Brian P. O’Laughlin Staff Attorney * Ian M. Catlett Staff Attorney * Albert A. Hicking Executive Assistant Janet R. Labios Publications Clerk

(* departure from the Judiciary prior to the end of 2011)

Law and the Freshman Legislator

Law Week

Retiring Chief Judge Alex R. Munson Honored

Events 2010 Summer Pre-Law Program

Family Court Program Wins Award

Tracy M. Guerrero Henry Toll Fellowship Alumni

Austerity

10 Law and the Freshman Legislator

On January 7, 2010, the Commonwealth Judiciary and the Northern Marianas Ju- dicial Historical Society presented its biennial “Law and the Freshman Legislator” program. It was condensed civics course, which included an overview of the judiciary process and an interactive dialogue especially designed and timed for the representatives and senators-elect prior to their assumption of newly elected duties.

Events 2010 Eleven freshman legislators-elect attended: Senator-elect Francisco Cruz, Representatives- elect Ramon Basa, Eliceo Cabrera, George Camacho, Trenton Conner, Frederick Deleon Guerrero, Rafael Demapan, Sylvestre Iguel, Felicidad Ogumoro, Joseph Palacios, and Ed- mund Villagomez.

Presenters at the half day conference were CNMI Supreme Court Chief Justice Miguel S. Demapan, Associate Justice Alexandro C. Cas- tro, Associate Justice John A. Manglona, Associate Judge Romona V. Manglona, and Heather Kennedy, Executive Director Law Revision Commission.

The new legislators and presenters were joined for a working luncheon / round table discussion by Associate Judges Perry B. Inos, David A. Wiseman and Kenneth L. Govendo.

CNMI Judiciary Celebrates Law Week The Judiciary celebrated LAW WEEK 2010 on April 29th with a Proclamation Signing and Recogni- tion Award Ceremony in the Su- preme Court Courtroom at the Events 2010 Guma Hustisia, Iimwal Aweewe, (Above: Mount Carmel High School Senior Mock House of Justice, in Susupe. Recog- Trial Winners - 2010.) nition awards were presented to the youth of our community who were the winners and outstanding participants in the recent Mock Trial competitions and the Covenant Day De- bates.

(Pictured at left and below: Junior High School teams from Mount Carmel and Whispering Palms who received certificates of participa- tion.)

Retiring Chief Judge Alex R. Munson honored by CNMI Justices and Judges Retiring Chief Judge Alex R. Munson was honored on Tuesday, Febru- ary 23, 2010, at a special luncheon hosted by CNMI justices and judges. The gathering commemorated Judge Munson’s twenty eight years of service in the legal community and his retirement from the United States District Court for the Northern Mariana Islands on February 28, 2010.

On behalf of the CNMI Judiciary, Superior Court Associate Judge David

Events 2010 A. Wiseman opened with recognition and appreciation remarks. He spoke to the special nurturing of professional relations in the legal community Judge Munson had facilitated through his service. Moreover, Judge Wiseman remarked that Judge Munson “had dealt with federal litigation that presented unprecedented issues between the federal government and the CNMI, dealing with issues of first impression and doing so as would be expected of a judicial officer possessed with judicial principles of the highest order.”

Chief Justice Miguel S. Demapan of the CNMI Judiciary presented a special plaque to Judge Munson, recognizing his dedication, commit- ment and service to the rule of law and the administration of justice in the Commonwealth of the Northern Marian Islands as Chief Justice of the High Court of the Trust Territory of the Pacific Island from 1982 to 1988 and as Chief Judge of the United States District Court of the North- ern Mariana Islands from 1988 to 2010.

13 Supreme Court Conducts Summer Pre-Law Program 2010

During July, the Supreme Court conducted its Summer Pre-Law Program 2010. The intensive program, started in 1991, is designed for those interested in applying to law school and is intended

Events 2010 to familiarize participants with the rigor- ous demands of the first year of law school.

Robert Desiderio, former Dean of the University of New Mexico School of Law, and Professor Rose Cuison-Villazor of Hof- stra University School of Law served as in- structors for the program. Dean Desiderio has previously taught in the program and has been instrumental in getting participants to attend and graduate from law school. Profes- sor Cuison-Villazor, who grew up on Saipan and graduated from Mount Carmel School, taught a course in Property Law.

In addition to attending law lec- tures, participants took part in a series of activities designed to increase their critical thinking and analytical skills. Since in- ception the program has pro- duced at least 25 lawyers.

14 NMI Family Court Client Services Wins Outstanding Criminal Justice Program Award Due to its recognized success in educating people about legal and family court issues, the National Criminal Justice Association honored the Northern Mariana Islands Family Court Client Services (FCCS) Program with its Out- standing Criminal Justice Program

Events 2010 Award at the National Forum on Criminal Justice and Public Safety, Aug. 1-3 in Ft. Myers, Florida.

The FCCS Program’s Pro Se Center assists with filing legal forms for indi- gent litigants. A Separating Parents Program teaches parents about the ef- fects of separation on children, and a Pictured above are: Judges’ Training program provides Patrick Diaz, Family Court Manager, Nikita judges with legal education in family Cabrera, Program Assistant, and Family Court issues. Judge Kenneth L. Govendo. Jerome Ierome, executive director of the Commonwealth of the Northern Mariana Islands Criminal Justice Planning Agency said, “The creation, implementation and ongoing ‘evidence based’ success of the FCCS program exempli- fies a good investment of BJA dollars awarded to CNMI. It was overwhelming to showcase on a national platform the Family Court’s vision of working with lim- ited resources to improve services to families who do not have the means to get their fair share of the legal system.”

The NCJA Outstanding Criminal Justice Program Awards identifies and shares successful criminal justice programs. The award’s purpose is to highlight programs that: address an important criminal justice issue; demonstrate effectiveness based on program goals; are a good example of effective use of federal funds to initiate a program that is subsequently supported through state and local funds or is self sustaining; and can be replicated in other jurisdictions.

15 Tracy M. Guerrero 2010 Henry Toll Fellow

CNMI Director of Courts Ms. Tracy M. Guerrero attended the prestigious Toll Fel- lowship Program held in Lexington, Kentucky August 20-25, 2010. She was ex- tremely pleased to have been chosen to attend and proud to represent the CNMI. “This was an amazing oppor- tunity to engage in productive discus- sions with the best and the brightest across three branches of government from the 50 states and territories. The Events 2010 program was very thoughtfully put together to develop a collegial bond- ing experience that provided a safe and neutral environment to talk about critical issues such as budget short- falls. It was reassuring to know that the CNMI is not alone in dealing with its budget crisis. Leaders from the three branches of government in the CNMI would benefit greatly by par- ticipating in a similar leadership con- Director Guerrero received her B.A. from the ference to enhance mutual under- University of California at Berkeley and MBA standing and appreciation.” from California State Eastbay. Guerrero has served as the Director of Courts for the CNMI Judicial Branch since August 2008 and was nominated to attend the 2010 Toll Fellows by Chief Justice Miguel S. Demapan.

The Toll Fellows Program Diversity. . .Toll Fellows brings together a geographically, ethnically and politically diverse group of individuals. Uniqueness. . .Aimed at developing leaders from all three branches of state government, Toll Fel- lows assists leaders by providing insights and perspectives not readily available in the course of everyday public service. Development. . .Toll Fellows provides high-level speakers that stimulate personal assessment and growth, and sessions that provide new team-building skills while helping you revisit the core be- liefs that led you into public service. In addition, participants will leave with enhanced communi- cation skills, cutting-edge information and new relationships that cut across state and party lines. http://www.csg.org/programs/leadershipprograms/tollfellows/default.aspx

16 Austerity Days

In August, the Judiciary was fi- nalizing its budget request while at the same time beginning to face the prospect of a CNMI budget impasse that would ultimately close all but the essential services of the CNMI government for eight days at the beginning of October. Events 2010

Presiding Judge Robert C. Naraja, pictured above, conducted a meeting of all the Judiciary’s staff to explain the situation. The eight hour per week work re- duction for all staff began November 1st. A workable schedule for the court was established whereby the court remained open five day’s a week except for federal holidays so as to facilitate timely bail, preliminary and temporary re- straining order hearings every day of the week.

For the Judiciary, Governor Fitial proposed a budget of only $2.9 million, a little more than half of the Judiciary’s request of $5.5 million. By September 1, 72 hour work week notices had been issued to all non-essential judiciary staff effective No- vember 1st.

Retirements C.J. Miguel S. Demapan Wayne M. Archibald Winniefreda DLG Mendiola

Transitions Judge Ramona V. Manglona Judge Joseph N. Camacho Marshal Division Events 2011 Interpreter Training

Outreach Mock Trial We the People

Law Week Essay and Poster Contests The Judiciary’s History Book Attorney Generals’ Cup

Chief Justice Miguel S. Demapan

Retirements

Under Chief Justice Demapan’s On September 15, 2011, Chief Jus- leadership, the Supreme Court saw tice Miguel S. Demapan announced many positive developments, includ- his retirement from the Common- ing publication of the first ever judi- wealth Judiciary, effective Septem- cial history of the Commonwealth, ber 30th. The Chief Justice served the formation of the Judicial Council, the Commonwealth for almost two which he chaired, implementation of decades, including twelve years as the electronic filing system at the Su- the Chief Justice. He was the third perior and Supreme Courts, and con- Chief Justice of the Commonwealth struction of the courthouse on Rota. Supreme Court. He also served as the President of the Pacific Judicial Council. The Chief Justice joined the judiciary in November 1992, when he was ap- Chief Justice Miguel S. Dema- pointed to the Commonwealth Supe- pan in his resignation letter said: rior Court as an associate judge. In “I will always be proud of the July 1998, Governor Pedro P. Teno- Supreme Court of the Northern rio appointed him to the Common- Marianas and its accomplish- wealth Supreme Court, and a year ments during my tenure. The re- later, he was sworn in as Chief Jus- cord will reflect the work done tice. to improve the judiciary and our efforts to provide more access to our justice system.”

19 Wayne M. Archibald Judiciary IT System Administrator Retirements

Wayne M. Archibald retired from criminal record history and traffic the Judiciary’s IT System Adminis- clearance programs with the Office trator position in August, having of the Clerk of Court in the Superior served the Judiciary for a combined Court. Mr. Archibald played an in- ten years plus two years with the tegral role in overseeing the net- Criminal Justice Planning Agency. working of and interconnectivity His significant accomplishments features for all Judiciary divisions, and contributions led to the en- courtrooms, and chambers on Rota, hanced functioning of the criminal Saipan and Tinian. justice system. Mr. Archibald also assisted the Judi- Early in his tenure, Mr. Archibald ciary in its partnership with other coordinated the installation of the criminal justice agency stakeholders first electronic case tracking system, by extending his expertise to the Evans Caseload. He later oversaw Criminal Justice Planning Agency, the upgrade of the Judiciary’s case the Department of Corrections, the management system with the instal- Department of Public Safety, the lation of New Dawn’s Justware, La- Office of the Attorney General, and serfiche document imaging, the trial the Division of Youth Services. court’s bar code filing system, the probation tracking system, and the integration of the LexisNexis electronic filing system. Additionally, he installed search protocols for the

20 Winniefreda DLG. Mendiola Deputy Clerk 1 (Rota) Retirements

Winniefreda DLG Mendiola retired October 21, 2011, as Deputy Clerk 1 serving Rota. She is pictured above on the left with her co- worker Michelle L. Atalig, Administrative Assistant, Common- wealth Recorder’s Office.

After Winniefreda’s employment with the Pubic School System, she served the Superior Court for fifteen years, beginning in Octo- ber of 1996. She was described as her customers’ capable and knowledgeable best friend at the Rota Judicial Center.

The Rota Judicial Center, Sinapalo, Rota

Judge Ramona V. Manglona’s Nomination and Confirmation as Chief Judge, U.S. District Court

On July 26th, the U.S. Senate confirmed President Obama’s nomination of Superior Court Associate Judge Ramona Villagomez Manglona as chief judge of the U.S. District Court for a 10-year term. Three days later, the president signed Manglona's

Transitions commission making her the first federal judge from the Northern Marianas and marking a true milestone in the history of the Commonwealth.

Judge Manglona resigned her judgeship with the Commonwealth Judiciary and was sworn-in during a private ceremony as Chief Judge on July 30th by Circuit Judge Mary Schroeder of the U.S. Court of Appeals for the Ninth Circuit.

The former associate judge was appointed to the Superior Court bench in May of 2003 and handled numerous small claims, traffic, civil, criminal and family court cases. During her tenure, she spearheaded efforts at enhancing access to the courts and developing performance measures; since 2007 she presided as the Chairperson for the Crimi- nal Justice Information Systems (CJIS) Committee, a working group mandated by law to develop and implement the policies of an information sharing network among law enforcement and related criminal justice agencies.

She is pictured to the left at her investiture to the U.S. District Court with, from left to right, CNMI Asso- ciate Justice John A. Manglona, Act- ing Chief Justice Alexandro C. Cas- tro, CNMI Superior Court Associated Judge David A. Wiseman, Presiding Judge Robert C. Naraja, Associate Judge Perry B. Inos and Former Judge Timothy H. Bellas.

22 Judge Joseph N. Camacho’s Investiture

On November 4th, 2011 the CNMI Senate confirmed attorney Joseph James N. Camacho's nomination to fill the vacancy left at the CNMI Superior Court by Ramona V. Man- glona, who had assumed the position as District Judge for the US District Court. Joseph N. Camacho was sworn in as Associate Judge during a private ceremony at the governor's conference room on Capital Hill November 10th, becoming the newest Associate Judge at the CNMI Superior

Transitions Court, joining current Associate Judges Perry B. Inos, Kenneth L. Govendo, and David A. Wise- man and Presiding Judge Robert C. Naraja on the Superior Court bench.

Judge Camacho attended Gonzaga University School of Law and received his J.D. in 2001. After law school, he served as a prosecutor for the CNMI Office of the Attorney General. He was later elected to the 17th CNMI House of Represen- tatives, where he served as House Floor Leader. Judge Camacho is married to Vi- ola Alepuyo, and they have one child, Ulen Joseph Alepuyo Camacho. The investiture ceremony for the Honorable Joseph N. Camacho, Associate Judge, Com- monwealth Superior Court was held on Friday, November 18th in the Supreme Court Courtroom.

Judiciary’s Marshal Service Division New Authority and Duties under PL 17-41

Public Law 17-41 enacted in May of 2011 defines new authorities, duties, responsibilities and functions for the Marshal Service Division of the CNMI Judicial Branch. The meas- ure allows the Judiciary to serve jury summonses and other court processes instead of de- pending on the Department of Public Safety. Acting Chief Justice Alexandro C. Castro said that the legislation authorizing the Marshal Service Division to serve jury summonses was desperately needed at a time when the Department of Public Safety, like the Judiciary and many government agencies, is understaffed and overworked.

Transitions The Superior Court had been hard-pressed to ensure that sufficient numbers of summonses were delivered by DPS and had postponed a jury trial because only ten of the average thirty individuals required were summoned to be jurors. Since the enactment of the bill, the Marshal Services Division has been able to consistently serve a sufficient number of jury summonses, as well as other court processes, so that justice has not been de- layed for these reasons .

The bill requires that the chief marshal and deputies undergo firearms training and peri- odic certification to the same extent as Police Officers of the Department of Public Safety.

Chief Justice Miguel S. Demapan said at the time the legislation became law, “the Mar- shal Service Division is now a fully recognized law enforcement entity. Its officers have authority equal to police officers in the performance of their duties.”

The Marshals, bottom row from left: Benusto M. Lisua, Gideon S. Kikku, Juan E. K. Atalig, Cindy D. Serrano, Manuel Q. Tenorio, Jesus S. Santos and Chief Marshal Anthony P. Benavente.

MOCK TRIAL Outreach

Marianas Baptist Academy Mock Trial Champions

The CNMI Bar Association, with assistance from the Judiciary, hosted the 2011 CNMI High School Mock Trial Competition in March at the Guma Hustisia/Iimwal Aweewe/ House of Justice. Six public and private high schools, representing all three islands, participated in the scholastic competition where students portrayed the role of attorneys and witnesses in a fictitious case. The CNMI competition was started in 1999 by the Bar As- sociation and former Justice Ramon Villagomez as a means of introducing students to the justice system. The 2011 finalists were Mt. Carmel High School and Marianas Baptist Academy. Marianas Baptist Academy (MBA) took home the championship this year. The MBA team consisted of students Gino A.P. Benevente, Jodel Katrina Fernandez, Seong Jun Hwang, DongHee Im, Hanbert Jeong, Chan Woo Lee, Manatsu E. Omori and Michael U. Sheu. Jennifer Dockter, Supreme Court Clerk of Court and Chief Public Defender Adam Hardwicke were the teams’ attorney coaches. The students competed in the national high school mock trial championship held during May in Phoenix, Arizona. Forty- eight teams, including representatives from forty-three states, Guam, the CNMI, South Korea and Australia, participated in the national event. This was the largest number of participants in the national competition’s twenty-seven year history.

25 SAIPAN SOUTHERN HIGH SCHOOL WE THE PEOPLE CHAMPIONS

In the beginning of May, Saipan Southern High School students, winners of the local “We the People” competition, participated in a national competition held in Washington D.C. The “We the People” competition is only in its third year on Saipan and has been nurtured in its development by Associate Justice John A. Manglona and Associate Judge Ramona V. Manglona. The program, sponsored by the Public School System, gives students comprehensive in- struction on the U.S. Constitution, the Bill of Rights and the principles and values they

Outreach embody. Like the mock trial competition, “We the People” is intended to strengthen participants’ analytical skills and presentation abilities. Judiciary law clerks, who have volunteered their time as coaches during the local competitions, further assisted the Commonwealth’s team as they make their final preparations.

26 Pacific Judicial Council Court Interpreter Training October 2011 Associate Justice John A. Manglona provided the conference’s welcoming remarks to more than thirty (30) participants from the CNMI, Guam, FSM, Ameri- can Samoa, Marshal Islands, and Palau at the 2011 Pacific Judicial Council Inter-

Interpreter Training preter Training Program. The intermediate level training focused on the principles and techniques of interpreting. It taught participants the duty of the court interpreter to place the non-English speaking person on the same footing in the court room with those who understand English. Featured presenters during the conference were trainers Ms. Debi Tulang-De Silva, J.D., Program Director of Hawaii’s Office on Equality and Access to the Courts, and Dr. Suzanne Zeng from the University of Hawaii’s Center for Inter- pretation and Translation Studies.

The Pacific Judicial Council conducted the training conference with funding and educational resources by Sally Pym, Pacific Islands Judicial Programs, Office of the Circuit Executive, San Francisco.

Associate Judge David A. Wise- From left: Trainer Dr. Suzanne Zeng and PJC Ex- man spoke to the attendees and ecutive Secretary Josephine Cepeda , and at far right: trainers. Trainer Debi Tulang-De Silva.

Law Week 2011

John Adams Second President of the United States

Commonwealth Judiciary legal staff, including justices and judges, were involved in a broad range of activities during Law Week 2011, including the “We the People” and “Mock Trial” national competition preparations and the Attorney Generals’ Cup. Also, in keeping with the CNMI Judiciary’s resolve to broaden the understanding of the judicial process and the rule of law among students of all ages, a Law Day Poster and Essay Contest was in- augurated to encourage the participa- tion of fifth through eighth grade school children from both public and private schools. The contest’s theme was defense representation of the un- popular accused, with a focus on the defense services performed by John Adams, our second president, and other prominent defense lawyers throughout American history.

28 First Annual Law Day Poster and Essay Contest Winners Receive Awards Law Day Poster Contest ( Elementary School )

First Place Andrea T. Atalig

Law Week 2011 Sinapolo Elementary School Second Place Francheska O. Fauni William S. Reyes Elementary School Third Place Ryan Christian U. Relucio William S. Reyes Elementary School (Pictured above and below are Honorable Mention Chloe Hazel Anne P. Salvosa winning contestants displaying William S. Reyes Elementary their work and receiving their School awards from Chief Justice Mi- guel S. Demapan and Associate Honorable Mention Eunice Anne C. Viray Justice Alexandro C. Castro.) William S. Reyes Elementary School

Law Day Essay Contest (Middle School )

First Place Beda G. Mundo Dr. Rita Hocog Inos Jr. High School Second Place Jonathan R. Pangelinan Mount Carmel School Third Place Zion Alamer Calvary Christian Academy Honorable Mention Noemy Grace V. Pamintuan and Cathryn Javier Mount Carmel School

Attorney Generals’ Cup

On Thursday, April 28, the twenty-seventh annual Attorney Generals’ Cup speech competition was held in the Supreme Court Courtroom. Attorney Gen- eral Edward T. Buckingham, along with former Commonwealth attorneys general, hosted the competitive forum in which the young and talented stu- Law Week 2011 dents from local public and private high schools gave speeches considering the positive and negative aspects of CNMI independence versus remaining a Commonwealth of the United States.

The panel of judges, comprised of the former attorneys general, ranked the speakers’ presentations on the basis of content, analysis of the issue, presentation and per- suasion. The AG’s Cup was started by Acting Chief Justice Alexandro C. Castro when he was the Attorney General in the mid-1980’s. Through the efforts of Justice Castro and the Attorneys General who succeeded him, the event has continued as an important and prestigious competition that fosters analytical thinking and public speaking among our islands’ youth.

30 The Northern Mariana Islands Judiciary: A Historical Overview Public Release and Recipient of the Governor’s Humanities Research and Publication Award 2011 As part of the Law Week Proclamation Signing Ceremony the book, THE NORTHERN

Law Week 2011 MARIANA ISLANDS JUDICIARY: A HIS- TORICAL OVERVIEW, enjoyed its official public release. Chief Justice Mi- guel S. Demapan and As- sociate Justice John A. Manglona, who were instrumental in moving the muti-year project to con- clusion, spoke about the book’s chronicling the five century evolution of the Commonwealth’s judiciary through changing legal structures from that of the Spanish, Germans, Japanese to the American legal system. The history book’s publication was made possible by the collective efforts of the Common- wealth Judiciary and its staff, the Northern Marianas Judiciary Historical Society, a non-profit corporation established in Novem- ber 2003, and with grant funding assistance provided by the North- ern Mariana Islands Council for the Humanities. Special thanks were extended to the contributing authors: Arin Greenwood, Dirk H.R. Spennemann, Dirk Anthony Ballendorf, Dan MacMeekin, former Judge Timothy H. Bellas, retired Chief Justice Jose S. Dela Cruz, Mia Giacomazzi, and Steven Judges and members of the executive and legislative Gardiner. Copies of the book are branches participated in the official public release and received complimentary copies of the new book. available at the Commonwealth's public libraries and have been made available to schools and other educational institutions throughout the Western Pacific. The book is also available online at: http://www.justice.gov.mp/history.aspx

Law Clerk Steven Gardiner and Associ- ate Justice John A. Manglona spoke on the themes of the HISTORICAL OVER- VIEW. Gardiner noted that the book’s “unique focus affords readers a rarely- seen perspective of the court system in the Marianas, and an understanding of the

Law Week 2011 efforts taken to ensure that the Common- wealth is a society governed by the rule of law.”

In late October, the Northern Marianas Judiciary Historical Society received the prestigious Governor's Humanities Awards 2011, sponsored by the Office of the Governor and the Northern Mariana Islands Humanities Council.

Jim Stowell, Executive Director of Northern Marianas Judiciary Historical Society, ac- cepted the Research and Publication Award on behalf of the Historical Society, the writers and contributors to the publication.

Decisions of the Commonwealth Supreme and Superior Courts can

Court Decisions be found on the Commonwealth Law Revision web site http://www.cnmilaw.org/ court_opinions.htm

Supreme Court opinion sum- maries can be accessed through the NMI Judiciary’s web page at. http://www.justice.gov.mp/ opinionsummaries.aspx

33 Law Revision Commission

The Commonwealth Law Revision Commission (“Commission”) is the judiciary agency that is responsible for compiling, editing, and codifying all the various laws of the CNMI into an organized system with the mission of making them available to the public. The Commission carries out its statutory responsibilities by publishing the laws from the legislative, judicial, and executive branches into the following three major legal publications: Common- wealth permanent public and local laws in the Northern Mariana Islands Commonwealth Code; Commonwealth Supreme Court decisions in the Northern Mariana Islands Reporter series; and Commonwealth rules and regulations in the Northern Mariana Islands Administrative Code. The Commission also provides free and timely access to the CNMI Constitution, public and local laws, judicial opinions, court rules, and other related general information over its internet website at http://www.cnmilaw.org.

Work for the Commission is never-ending since legal materials by their very nature become outdated once new laws are created. The Commission staff works on supplements to the statutory and administrative codes and new vol- umes of NMI Reporters with case law as well as developing other legal tools to provide the CNMI with access to the most up-to-date legal information. The Commission has offered and will continue to expand and create searchable CD-ROMs of various legal materials (Trust Territory Code and Reporters, Commonwealth Registers and CNMI court rules, etc.). The Commission also offers custom-ordered materials such as individual code or agency regulations in book or CD formats.

New Products Released in 2010 and 2011

CNMI CODE 2010 All CNMI statutes through December 2010 with case anno- tations as well as the Constitution, the Covenant and other legal documents relating to the formation of the CNMI.

2010 SUPPLEMENT CD: The Commission introduced the new pdf

searchable supplement CD in 2010 which contains statutes enacted from September 2007 through December 2010 and Supreme and Superior Court cases issued in 2009-2010. This CD supplements CD 2007 CNMI Laws CD and is a convenient addition to the Commission’s line of user-friendly electronic products.

VOLUME 7 OF THE NMI REPORTER SERIES

Consists of head-noted Supreme Court decisions. (2004 thru 2007).

DIGEST OF DECISIONS AND CITATIONS This comprehensive digest analyzes CNMI case law found in the Commonwealth Reporters (1979-1989) and all of the NMI Reporters (Supreme Court cases 1989-2007). It eliminates the practice of having to consult four separate decision digests.

The Commission serves the pub- days of release to ensure that users over, many business people and lic by maintaining a website for have access to the most up-to-date members of the public come di- the community to access a variety information. rectly to the Commission to ob- of legal information for free. The tain copies of the latest regula- The Commission continues to website contains a wealth of infor- tions, for example the Depart- receive positive feedback regard- mation, such as the CNMI Consti- ment of Labor Rules & Regula- ing the value of the contents and tution and Covenant, current and tions. the user-friendliness of the web- past public/local laws, current and site even though lack of sufficient The Law Revision Commission past Superior and Supreme Court funding has prevented the Com- is its own webmaster. This al- opinions, a three-month snapshot mission from making significant lows the Commission to main- of the table of contents of the improvements to the site over the tain, update, and improve the CNMI Register, update tables for past few years. website within budget and staff- the Commonwealth Code and the ing restrictions. Being its own NMIAC, and the latest CNMI The website is often the first point webmaster ensures the continuity court rules. The website has a of contact for individuals inter- of the Commission’s website and search function that enables the ested in CNMI laws. The Com- has saved the Commission user to access information by sim- mission has assisted investors money by not having to hire or ple word searches. (including telecommunications contract a webmaster. and water companies) via tele- The website allows people from phone and email in gathering in- During these tough economic remote locations to access CNMI formation on establishing a busi- times, the Commission will public laws, updates, case law, ness in the CNMI. Quite often, and court rules at their conven- continue to seek ways to save the Commission will refer indi- ience. The Commission posts money while improving the viduals to the proper government new public laws and court deci- compilation and accessibility of agency, when appropriate. More- sions on the website within three CNMI laws through its website. 2011 COMMISSION MEMBERS

As of December 31, 2011

Acting Chief Justice Alexandro C. Castro, Chairman

Senator Luis P. Crisostomo

Representative Rafael S. Demapan

Attorney General Edward T. Buckingham

CASE FILINGS

OFFICE of THE CLERK OF COURT 2000-2011

The Numbers CASE LOADS

OFFICE of ADULT PROBATION 2009-2011

JUDICIARY’S SHARE of 2011 CNMI Government Budget

Supplemental Reports and Statistics 2010 and 2011 Superior Court Annual Statistics 2010 Superior Court Annual Statistics 2011 Superior Court Case Dispositions 2000-2011 Office of Adult Probation 2011 Report Office of Adult Probation 2010 Report Family Court Division 2010 Report Cashier Disbursements 2010 & 2011 CNMI Recorders Land Report 2011 To view, go to http://www.justice.gov.mp/supplemental.aspx

CASE FILINGS OFFICE OF THE CLERK OF COURT 2000-2011

Year Civil Criminal Family Small Traffic Cases TOTAL Cases Cases Court Claims Cases Cases

2000 610 578 623 1543 12235 15589

2001 678 485 598 1656 10320 13737

2002 690 419 674 1574 8391 11748

2003 640 413 549 1227 6142 8971

2004 605 407 612 1347 7544 10515

2005 566 394 701 1008 5407 8076

2006 632 274 762 1183 5399 8250

2007 509 230 780 1020 3091 5630

2008 485 248 776 761 2458 4728

2009 531 247 751 653 2321 4503

2010 368 230 657 976 2422 4653

2011 352 314 647 929 3743 5985

Total 6666 4239 8130 13877 69473 102385

The Numbers

Number of Superior Court Cases Filed 2000 -2011

38 39 OFFICE OF ADULT PROBATION

The Office of Adult Probation continues to be challenged with its legal obligations: supervision/investigation/ assessment; submission of court reports and rehabilitation of offenders. The average quarterly new case referral is 60-100 cases. The court reports requirements are between 300 and 320 reports or appearances per quarter, and offenders’ rehabilitation involves 100 to 150 quarterly referrals. - Ursula Lifoifoi Aldan, Chief, Office of Adult Probation

The Judiciary’s Share of the 2011 Fiscal

Total CNMI Budget for Fiscal Year 2011: $135,385,866

Judiciary ‘s Budget: $3,322,847

Source: Public Law 17-21

THE JUDICIARY Guma Hustisia -Iimwal Aweewe-House of Justice

P.O. Box 502165, Saipan, MP 96950 (670) 236-9700/9800 For more information, please visit the Northern Mariana Islands Judiciary website http://www.justice.gov.mp/ or call the Judiciary’s Public Information Officer Jim Stowell at (670) 236-9716.