NMI JUDICIARY 2007 ANNUAL REPORT

Commonwealth of the Northern Mariana Islands Judiciary Annual Report

For Calendar Year 2007

2007 State of the Judiciary Report

A Message from the Chief Justice Managing the Judicial Branch is a continuous cycle of planning, developing, implementing, and evaluating. This is especially true considering our current economic hardship. The Judicial Branch has to be inventive and frugal to keep pace with new technologies and increased demand for court services while still operating under crippling budgetary limitations. The increased complexity of court operations coupled with the emergence of new technologies has shifted priorities within the Judicial Branch, and necessitated innovative leadership ensuring that resources are directed where they are needed most.

Budget shortfalls in the CNMI have reached alarming levels. The Judicial Branch today faces an unprecedented budget crisis and is currently experiencing deep budget cuts. Court leaders face enormous challenges in guiding the judiciary through the present fiscal crisis. As responsible partners in government, the courts have an obligation to share in the sacrifices being made at all levels of government. However, the Judicial Branch’s obligation to be a good partner in government during this fiscal crisis in no way alleviates the absolute necessity and importance of providing the courts with adequate funding. Under our constitutional system, the courts are a separate and coequal branch of government responsible for upholding the rule of law upon which all our social and economic relationships are based. The courts perform critical roles such as protecting the constitutional rights of our citizens, serve as the ultimate arbiter of inter branch conflict, and resolving the legal problems of our citizens in criminal, family and civil matters. The courts are required to accept and resolve each of these cases filed and therefore cannot be deprived of the basic resources needed to carry out these constitutionally mandated functions. Despite the current harsh economic realities, we in the Judicial Branch face the looming fiscal challenges and escalating case demands with a commitment to the rule of law.

MIGUEL S. DEMAPAN Chief Justice

Page 2

Table of Contents Page 3………………………………………….Structure of the Judicial Branch Page 4………………………………………………..2007 Judicial Branch Notes Page 5…………………………………..Supreme Court structure and statistics Page 6………………………………………………... Information Systems Unit Page 7…………………………………Superior Court structure and statistics Page 13…………………………………………Family Court Division statistics Page 18……………………………………...Commonwealth Recorder’s Office Page 19……………………………………………………..Marshal Service Unit Page 20………………………………………………...Office of Adult Probation Page 22……………………………………………….Law Revision Commission

Page 3

Structure of the CNMI Judicial Branch

SUPREME COURT Chief Justice Miguel S. Demapan

Associate Justice

Associate Justice

Alexandro C. Castro

John A. Manglona

Law Revision Commission

SUPERIOR COURT Presiding Judge Robert C. Naraja

Associate Judge

Associate Judge

Juan T. Lizama

David A. Wiseman

Associate Judge

Associate Judge

Ramona V. Manglona

Kenneth L. Govendo

Office of Adult Probation

Commonwealth Recorder

Family Court Division

Page 4

Judicial Branch Notes from 2007 Naomi Lujan-Gonzales (Executive Director of the Law Revision Commission) and Bernie Sablan (Superior Court Clerk of Court) conducted a professional development training for CNMI judiciary staff in June 2007 on customer service and workplace etiquette.

Federal grants were secured to fund the following Judicial Branch upgrades: The Judicial Branch completed the replacement of its Evans case management system with New Dawn Technologies’ JustWare Court case management system.

The Judiciary acquired digital courtroom recording equipment for all courtrooms within the CNMI, replacing antiquated analog courtroom recording equipment.

The Judicial Branch acquired additional computers, servers, and scanners; thereby maintaining the judiciary’s commitment to keep its network on pace with current technological standards. All system upgrades improve customer service capabilities.

Above: CNMI judiciary staff participating in the professional development training on customer service and work-place etiquette.

In November 2007, the Law Revision Commission coordinated the second annual CNMI judiciary-wide charity drive in the spirit of the holidays and to promote philanthropy within the judiciary.

Canned goods, clothing, money, and toiletries were collected for the benefit of less fortunate individuals and families and presented to the CNMI Salvation Army.

All motor vehicle and passport payments must now be paid at the cashier’s window located within the Guma Hustisia.

Above from left: Annie Gillespie (CNMI Salvation Army), Chief Justice Miguel Demapan, Jonathan Grayson, Margaret Palacios, and Wayne Gillespie (CNMI Salvation Army).

As of October 1, 2007, the Commonwealth Recorder’s Office no longer maintains original records of Commonwealth vital statistics such as birth and death certificates.

Page 5

Supreme Court An Overview of the Supreme Court The Commonwealth Supreme Court was established on May 8, 1989, with the passage of Public Law 625 (Commonwealth Judicial Reorganization Act). It gained constitutional status on November 1, 1997, when House Legislative Initiative 10-3 amended Article IV of the Northern Mariana Islands Constitution, establishing the judiciary as a co-equal and independent branch of government.

The Supreme Court is the highest appellate court of the Commonwealth of the Northern Mariana Islands. The Supreme Court has jurisdiction to hear appeals from final judgments and orders of the Commonwealth Superior Court, and has all inherent powers, including the power to issue all writs necessary to complete the exercise of its duties and jurisdiction under the Commonwealth Constitution and laws.

The Chief Justice is empowered to promulgate rules governing civil and criminal procedures, judicial ethics, admission to and governance of the bar, and other matters of judicial administration.

The Commonwealth Supreme Court is made up of three Justices initially appointed by the Governor and confirmed by the Commonwealth Senate. The term of office is eight years. A justice wishing to serve another term must receive voter approval in a retention election proposition presented in a general election ballot.

If a position is vacant or a justice must disqualify himself from hearing an appeal or other proceeding, the Chief Justice may designate an active or former justice or judge of the Commonwealth, any U.S. Jurisdiction, or certain Micronesian jurisdictions to serve as a justice pro tem. In addition, the Chief Justice may assign a special judge to sit in a proceeding or serve for a specified period of time.

Saipan Supreme Court Courtroom. CNMI Supreme Court justices. From left: Justice Alexandro C. Castro, Chief Justice Miguel S. Demapan, and Justice John A. Manglona.

Page 6 SUPREME COURT CASES FILED Criminal Juvenile Family Traffic

Original Action Disciplinary

Year

Civil

Total

2001 2002 2003

35 17 27

8 19 13

1 0 0

0 0 0

1 0 0

1 5 1

1 1 0

47 42 41

2004 2005 2006 2007

29 25 34 18

3 7 12 5

0 0 0 0

0 0 0 1

0 2 4 1

3 3 3 8

0 0 0 1

35 37 53 34

SUPREME COURT CASES DISPOSED Year 2001 2002 2003 2004 2005 2006 2007

Small Original Civil Criminal Juvenile Claim Traffic Action Disciplinary 15 3 0 0 0 1 1 38 14 0 0 0 1 1 33 13 1 0 1 0 0 21 11 0 0 1 2 0 18 11 0 0 0 3 0 30 4 0 0 0 2 0 19 10 0 1 5 2 0

Total 20 54 48 35 32 36 37

Information Systems Unit The Information Systems Unit (ISU) maintains and updates the entire computer network within the Judicial Branch and ensures that the integrity of the network remains sound and secure. The ISU constantly strives to keep pace with current technology, which in turn will enhance the quality of justice by improving the ability of the judicial branch to collect, process, and share information.

In 2007, the Information Systems Unit played a close and integral role in the installation and activation of the Judicial Branch’s new JustWare Case Management System, ensuring compatibility with the Judiciary’s internal network and that all judicial staff are properly trained. Justware replaces the Judicial Branch’s antiquated case management system and improves information and data management for all cases and individuals that come into the CNMI’s court system.

Information Systems Unit personnel, in cooperation with representatives from other agencies within the justice and law enforcement community such as DPS, DOC, and the Attorney General’s Office, are nearing completion of the Criminal Justice Information Systems (CJIS) network. Its purpose is to establish a coordinated information

system among law enforcement agencies to collect, maintain, and disseminate criminal justice information. The CJIS network will ultimately provide a means to better information sharing among the justice and law enforcement communities through out the CNMI and beyond.

Page 7

Superior Court

Presiding Judge Robert C. Naraja

Judge Juan T. Lizama

Judge Kenneth L. Govendo

Judge David A.Wiseman

Judge Ramona V. Manglona

Page 8

Superior Court The Office of the Clerk of Court accepts, records and maintains all official records for the Superior Court. The Office of the Clerk of Court also works closely with the Office of Adult Probation and the Family Court Division to deliver a wide array of services to the public.

Office of the Clerk of Court highlights for 2007: December 3, 2007: JustWare Court case management system replaces Evans case management system in the Judicial Branch.

November 27 to November 30, 2007: Superior Clerk of Court staff attended and completed JustWare Court training with New Dawn Technologies .

September 2007: The office of the Clerk of Court staff attended Mandatory Professional Development Training session customer service and related matters .

The office of the Clerk of Court staff attended and completed training on Jury Trials and Court Rules and Procedures conducted by Associate Judge Ramona V. Manglona.

The Office of the Clerk of Court provides the general public with various services, including processing traffic clearances, traffic histories, criminal clearances, bench warrants, as well as copying of related documents. Each service carries a fee, making it revenue generating. Below is the yearly tally of activities of our Customer Service Counter: Year 2007

Criminal Clearance

Traffic Clearance

Traffic History

Others

Total

Saipan

27238

8876

626

512

37252

Tinian

1773

462

1

9

2245

Rota

839

397

0

35

1271

Total

29850

9735

627

556

40768

Page 9 Published Opinions Below is a breakdown of published opinions for each Judge:

PUBLISHED OPINIONS Judge

Number of Published Opinions

Presiding Judge Naraja

0

Associate Judge Lizama

6

Associate Judge Wiseman

9

Associate Judge Manglona

8

Associate Judge Govendo

3

Appointment Of Counsel In CNMI Courts The following tables show the number of court appointed counsel for indigent defendants for 2007 in Criminal, Traffic, Juvenile and Uniform Parentage Act (UPA) cases in the CNMI:

2007

CRIMINAL

TRAFFIC

JUVENILE

CIVIL COMMITMENT

TOTAL

0

PATERNITY URESA WARDSHIP DIVORCE GUARDIAN ADLITEM 0

JAN.

0

0

0

0

FEB.

0

0

0

0

0

0

MAR.

3

1

1

2

0

7

APR.

22

2

1

1

0

26

MAY

17

0

9

5

0

31

JUNE

6

0

6

2

0

14

JULY

10

0

1

0

0

11

AUG

9

0

0

7

0

16

SEPT

2

0

0

1

0

3

OCT

10

2

9

0

0

21

NOV.

6

1

0

6

0

13

DEC.

6

0

0

4

0

10

TOTAL

91

6

27

28

0

152

2007

Criminal Cases

Traffic Cases

Juvenile Cases

Family Court Cases

Total

Saipan

91

6

27

28

152

Tinian

0

0

0

0

0

Rota

0

0

0

0

0

Total

91

6

27

28

152

Page 10

Cases filed, disposed, pending: 2004 - 2007 CIVIL Filed SAIPAN TINIAN ROTA Total

2004 2005 2006 2007 Disposed Pending Disposed Pending Disposed Pending Disposed Pending 580 190 390 135 255 50 205 24 181 15 8 7 3 4 0 4 0 4 10 3 7 3 4 0 4 1 3 605 201 404 141 263 50 213 25 188

CIVIL Filed SAIPAN TINIAN ROTA Total

2005 2006 2007 Disposed Pending Disposed Pending Disposed Pending 556 168 388 168 220 37 183 3 1 2 0 2 1 1 7 2 5 1 4 2 2 566 171 395 169 226 40 186

CIVIL Filed SAIPAN TINIAN ROTA Total

2006 2007 Disposed Pending Disposed Pending 615 234 381 153 228 7 3 4 1 3 10 3 7 2 5 632 240 392 156 236

CIVIL Filed SAIPAN TINIAN ROTA Total

2007 Disposed Pending 496 196 300 5 1 4 8 7 1 509 204 305

CRIMINAL Filed SAIPAN TINIAN ROTA Total

2007 2004 2005 2006 Disposed Pending Disposed Pending Disposed Pending Disposed Pending 373 144 229 165 64 28 36 4 32 25 4 21 13 8 2 6 0 6 9 2 7 2 5 1 4 0 4 407 150 257 180 77 29 46 4 42 2005 2006 Disposed Pending Disposed Pending

CRIMINAL Filed SAIPAN TINIAN ROTA Total

363 23 8 394

170 15 1 186

193 8 7 208

129 6 4 139

64 2 3 69

CRIMINAL Filed SAIPAN TINIAN ROTA Total

2007 2006 Disposed Pending Disposed Pending 255 103 152 105 47 14 5 9 8 1 5 2 3 2 1 274 110 164 115 49

CRIMINAL Filed SAIPAN TINIAN ROTA Total

2007 Disposed Pending 219 61 158 7 4 3 4 0 4 230 65 165

2007 Disposed Pending 17 1 1 19

47 1 2 50

Page 11

Cases filed, disposed, pending: 2004 - 2007 TRAFFIC SAIPAN TINIAN ROTA Total

Filed 6915 265 364 7544

2004 Disposed 5674 229 360 6263

Pending 1241 36 4 1281

2005 Disposed Pending 418 823 11 25 4 0 433 848

2006 Disposed Pending 91 732 1 24 0 0 92 756

TRAFFIC SAIPAN TINIAN ROTA Total

Filed 4958 225 224 5407

2005 Disposed 4160 207 208 4575

Pending 798 18 16 832

2006 Disposed Pending 488 310 15 3 7 9 510 322

2007 Disposed Pending 59 251 0 3 4 5 63 259

TRAFFIC SAIPAN TINIAN ROTA Total

Filed 5141 154 104 5399

2006 Disposed 4206 150 95 4451

Pending 935 4 9 948

2007 Disposed Pending 364 571 1 3 3 6 368 580

TRAFFIC SAIPAN TINIAN ROTA Total

Filed 2674 319 98 3091

2007 Disposed 1834 280 91 2205

Pending 840 39 7 886

2007 Disposed Pending 45 687 7 17 0 0 52 704

Small Claims SAIPAN TINIAN ROTA Total

Filed 1206 94 47 1347

2004 Disposed 591 26 27 644

Pending 615 68 20 703

2007 2005 2006 Disposed Pending Disposed Pending Disposed Pending 232 383 2 381 4 377 35 33 0 33 0 33 9 11 0 11 0 11 276 427 2 425 4 421

Small Claims SAIPAN TINIAN ROTA Total

Filed 935 41 32 1008

2005 Disposed 517 24 29 570

Pending 418 17 3 438

2007 2006 Disposed Pending Disposed Pending 171 247 19 228 3 14 3 11 2 1 1 0 176 262 23 239

Small Claims SAIPAN TINIAN ROTA Total

Filed 1102 42 39 1183

2006 Disposed 489 14 8 511

Pending 613 28 31 672

2007 Disposed Pending 243 370 9 19 2 29 254 418

Small Claims SAIPAN TINIAN ROTA Total

Filed 930 63 27 1020

2007 Disposed 367 35 11 413

Pending 563 28 16 607

Page 12

Number of Cases Filed and Disposed in the Superior Court 2000 – 2007 TOTAL NUMBER OF CASES FILED Civil

Criminal Family court

Small

Traffic

Total

Year

Cases

Cases

Cases

Cases

Cases

2000

610

578

623

1,543

12,235

15,589

2001

678

485

598

1,656

10,320

13,737

2002

690

419

674

1,574

8,391

11,748

2003

640

413

549

1,227

6,142

8,971

2004

605

407

612

1,347

7,544

10,515

2005

566

394

701

1,008

5,407

8,076

2006

632

274

762

1,183

5,399

8,250

2007

509

230

780

1,020

3,091

5,630

TOTAL

4,930

3,200

5,299

10,558

58,529

82,516

TOTAL NUMBER OF CASES DISPOSED Civil

Criminal

Family court

Small

Traffic

Year

Cases

Cases

Cases

Cases

Cases

2000

249

260

497

706

9960

11672

2001

488

529

487

1468

8980

11952

2002

500

325

712

1325

8200

11062

2003

416

345

495

965

5695

7916

2004

483

367

534

953

7141

9478

2005

429

500

623

914

5199

7665

2006

496

293

654

697

5174

7314

2007

446

204

656

703

2743

4752

TOTAL

3507

2823

4658

7731

53092

71811

Total

Total cases filed from 2000 to 2007

82,516

Total cases disposed from 2000 to 2007

71811

87.03%

Total cases pending

10,705

12.97%

Page 13

Family Court Division The Family Court Division (FCD) continues to maintain a staff of two full time personnel; the Family Court Manager and the Family Court Coordinator. Their responsibilities include assisting the Family Court Judge in handling Family Court cases, assisting Pro Se, self-represented, litigants through the court system, coordinating efforts with various family and juvenile justice service organizations, maintaining assurance controls for enforcement of orders. The FCD also oversees the following projects to ensure court services are easily accessible: PRO SE SERVICES - User-friendly services for self-represented or pro se litigants.

FAMILY COURT REFERRAL SERVICES - Assist clients with their referral orders as entered by the Judge.

DNA PATERNITY SUPERVISION - Coordinate and oversee genetic testing for the speedy resolution of contested paternity cases.

SEPARATING PARENTING PROGRAM - Programs intended to educate parents on the effects of divorce on children, coping with changes, and increase communication skills between parents and children.

JUVENILE JUSTICE TASK FORCE - The Family Court Division is the lead coordinator in all Juvenile Justice Task Force functions. The goal of the task force is to provide leadership, coordination, and resources to respond to juvenile delinquency and to prevent would-be offenders from entering the juvenile justice system.

JUVENILE COURT TECHNICAL ASISTANCE - In 2007 the Family Court Division was granted funding from the Office of Juvenile Justice and Delinquency Prevention Program to support and provide: (1) Technical Assistance and Training for Juvenile Judges and for Family Court Division staff; (2) enhance case management system capacity to integrate with the Juvenile Justice Information System

JUVENILE JUSTICE INFORMATION SYSTEM - Consistent with the efforts of the Criminal Justice Information System Planning Committee, a depository system of all juvenile court case information will be created. This will allow all service providers to effectively monitor court-ordered requirements and coordinate efforts to meet specific needs of juveniles.

FAMILY VIOLENCE TASK FORCE (FVTF) - The Family Court Division is a member of the Family Violence Task Force. Created in 1995, the (FVTF) is a network of government and non government agencies that assists victims of domestic violence and sexual assault crimes. Member agencies include: Department of Public Health, Department of Public Safety, Criminal Justice Planning Agency, Office of Adult Probation, Community Guidance Center, Office of the Attorney General, Karidat Social Services, Women’s Affairs Office, Division of Youth Services, Multi-Disciplinary Response Team, and Ayuda Network, Inc. Members from each agency meet on a monthly basis to discuss activities and specific problem areas and successes of family violence services.

The FCD Staff continues to be a very active member of this organization.

Page 14

NORTHERN MARIANAS COALITION AGAINST DOMESTIC AND SEXUAL VIOLENCE - Created to promote, nourish and sustain a collective movement to end violence in the Northern Mariana Islands.

COMPACT IMPACT STATISTICS SPECIAL PROJECT - A committee was created to undertake a physical inventory of court cases filed against litigants from the Freely Associated States of Micronesia, Republic of Palau and the Republic of the Marshall Islands. The data was primarily used to cross check types of probation services, types of professional services afforded, and other related services that each litigant was provided.

Disposition Of Family Court Cases 2004 - 2007

FCD SAIPAN TINIAN ROTA Total

Filed 577 17 18 612

2004 Disposed 360 9 9 378

Pending Disposed 217 140 8 3 9 9 234 152

2005 Pending 77 5 0 82

Disposed 13 0 0 13

2006 Pending 64 5 0 69

FCD SAIPAN TINIAN ROTA Total

Filed 662 23 16 701

2005 Disposed 365 19 12 396

Pending Disposed 297 157 4 2 4 3 305 162

2006 Pending 140 2 1 143

Disposed 18 0 0 18

2007 Pending 122 2 1 125

FCD SAIPAN TINIAN ROTA TOTAL

2006 Filed Disposed 720 446 24 15 18 11 762 472

Pending Disposed 274 134 9 3 7 4 290 141

2007 Pending 140 6 3 149

FCD SAIPAN TINIAN ROTA TOTAL

Filed 735 20 25 780

2007 Disposed 464 11 14 489

Pending 271 9 11 291

Disposed 3 0 0 3

2007 Pending 61 5 0 6

Page 15

The Table below compares FCD cases filed between 2003 and 2007. Divorce, family protection (TRO), and juvenile filings show a pattern being high in numbers during the last six years for Saipan, Tinian and Rota. In addition, this compilation of data shows significant increases in the filings for Family Protection Cases (TRO), Guardianship, and Wardship Cases in 2007 as compared to the previous years.

Case Type

2003

2004

2005

2006

2007

Adoption

55

93

105

93

96

Alimony

0

0

0

2

0

Annulment

0

1

2

4

2

Change of Name

17

13

26

27

29

Civil Commitment

8

7

5

7

4

155

172

169

233

223

0

1

0

0

0

153

167

169

172

198

Guardian Ad Litem

3

4

10

2

0

Guardianship

37

36

44

53

72

Paternity

60

62

60

54

56

Pet. To Correct Birth Certificate

0

0

0

2

0

UCCJA

2

1

2

0

1

URESA

15

8

34

27

29

Wardship

1

2

6

18

21

Juvenile

43

45

69

68

49

Total

549

612

701

762

780

Divorce Emancipation Family Protection Act

Page 16

FCD Cases Filed 2003 — 2007 Family Court Cases Filed 2003 - 2007 780

762

707 612

800

549

700 600 500 400 300 200 100 0 2003

2004

2005

2006

2007

Adoption Cases Files 2003 - 2007 105 96

94

93 120 100

55

80 60 40 20 0 2003

2004

2005

2006

2007

Guardianship Cases Files 2003 - 2007

72 80 70 60

53 37

44

36

50 40 30 20 10 0 2003

2004

2005

2006

2007

Page 17

Juvenile Cases Filed 2003 - 2007 69 70

45

43

60

68

49

50 40 30 20 10 0 2003

2004

2005

2006

2007

Family Protection Cases Filed 2003 - 2007

167

153

172

169

198

200 150 100 50 0 2003

2004

2005

2006

2007

Divorce Cases Filed 2003 - 2007 232 223 172

250

169

155

200 150 100 50 0 2003

2004

2005

2006

2007

Page 18

CNMI Recorder’s Office The Office of the Commonwealth Recorder was established within the Commonwealth Superior Court by Public Law 3-64 in 1983. The Office is mandated to record and maintain documents pertaining to official Commonwealth land registration and other real estate, commercial, and personal property. It is also responsible to maintain original records of Commonwealth vital statistics, such as certificates of birth, death, and marriage. The Commonwealth Recorder’s Office, as the central repository for all such records, provides public access to the information by indexing the same and providing duplication services pursuant to a fee schedule. The Office’s long-term goal is to meet daily information requests without exposing the original documents to the elements and normal wear-and-tear. In this endeavor, it has taken steps to maintain a micro-filming system and implemented a computer-aided indexing retrieval system.

The Office of the Vital Statistics at the Commonwealth Health Center adopted the “Model State Vital Statistics Act and Regulation Revision” which was signed into law. Therefore, the Commonwealth Recorder’s Office no longer maintains original records of Commonwealth vital statistics, such as birth and death certificates, as of October 01, 2007.

In addition to recording land documents and vital statistics, daily document handling includes the following: • • • • •

Filing Uniform Commercial Code Documents Recording Court Orders and Miscellaneous Affidavits Generating Computer Indexes Microfilming Land Registration and Uniform Commercial code Documents Microfilming birth, death, and marriage certificates

Page 19

Marshal Service Unit The Marshal Service Unit is charged with providing security for the justices, judges, court staff and court patrons. The MSU provides physical and electronic security monitoring of the Supreme Court courtroom, the five Superior Court courtrooms, and the interior and exterior premises of the Guma Hustisia.

During October 2007, the Marshal Service Unit participated in 40 hours of Law Enforcement Survival Training covering verbal judo, defensive tactics, and baton, handcuffing and pepper mace techniques.

Federal funds were secured for the purchase of equipment such as TASERS to improve the Marshal Service Unit’s ability to control any threatening or dangerous situation within the Guma Hustisia.

In October 2007, the Marshal Service Unit began recording all court patrons entering the Guma Hustisia. The following table depicts the data count per visitor: 2007

Police or Traffic Clearance

Court Hearings

Court Filings

Drivers License

Vehicle or Boat Registration

Firearms

Police Report

Passport

Other Documents

TOTAL

October

2112

3091

224

305

1013

42

131

51

125

7094

November

2844

4219

269

850

1333

28

169

145

68

9925

December

3331

5018

161

940

1083

14

124

227

68

10966

TOTAL

8287

12328

654

2095

3429

84

424

423

261

27985

The MSU serves court orders to the Department of Public Safety and the Department of Corrections. The number of orders served during calendar year 2007 are as follows: 2007 January

Department of Public Safety 102

Department of Corrections 25

Individual Service/ Others 4

131

February

24

25

10

59

March

260

34

1

295

April

45

22

8

75

May

165

69

5

239

June

25

51

1

77

July

30

20

0

50

August

133

65

0

198

September

31

25

0

56

October

49

24

0

73

November

66

68

0

134

December

10

44

0

54

TOTAL

940

472

29

TOTAL

1441

Page 20 Office of Adult Probation PROBATION SERVICE CNMI Adult Probation Service encompasses law enforcement, social work, and community prevention oriented services for probation court ordered offenders, crime victims, and the community. Probation services consist of Pre-Trial Services; conduction of investigations, pre-trial assessments and supervision of Pre-Trial Release (Flight Risks) defendants, monitoring of house arrests for court ordered clients to Post-Sentence referred offenders for supervision, enforcement of court orders and court diversion program compliance.

Adult Probation Officers are trained law enforcement officers authorized to carry firearms and make arrests, who also have background familiarity training in social work services. Their primary legal obligations are: 1. Public Safety (enforcement of court orders); 2. Court Report (investigations, assessments, and status reports submission); 3. Offenders’ Rehabilitation Needs.

PROBATION STATISTICS & SUMMARY AS the 2007 statistics demonstrate, despite the increased number of probationers the Office of Adult Probation has generated fewer reports and made less court appearances. The decrease in reports and court appearances per probationer results from staffing shortages due to lack of funding. Despite the addition of six probation officers in mid FY2007, funded primarily through federal grants, the caseload per officer remains high.

Recidivism rates are not calculated because recidivism parameters are not adequately defined at this time. Probation does not currently have adequate resources to address recidivism.

At best probation data from viewpoint presents pictures of input and output services by staff employees. It shows volume of reports been generated at 1,045 with an average of 87-88 reports generated per month; and court appearances of 1,987, indicating an average of 165-166 appearances in court per month with an assumption of 5-6 appearances per day. Data interpretation can be interpreted the officers are doing more court services, and less time with offenders’ cognitive rehabilitation needs. This can be drawn from a simple comparison analysis of the financial assessments vs. payments; and on the Alternative Sentence / Prevention & Referrals.

The trend in probation is toward ‘Evidence-Based’ Programs, Services, and Staff Trainings to make probation more effective. Such trainings are readily available at the National Institute of Corrections, American Probation and Parole Associations, and National Administrations of Probation Executives. Since 2004, CNMI Adult Probation has gradually initiated/incorporated Evidence-Based Trainings for its officers and programs. The EvidenceBased trainings provided to date are: 1.

2.

3.

4.

Management of Sex Offenders Officer Safety Civil Liabilities on Probation Officers and their Supervisors Cognitive Behavioral Therapy

Page 21 2007 STATISTIC ANNUAL REPORT ACTIVITIES

2005

2006

2007

INVESTIGATION, MONITORING & SUPERVISION Closed Cases for the year 216

143

217

Referrals Carryover from Previous year

2,091

2,327

2,647

Criminal Diversion Traffic

180 4 272

202 5 261

142 11 300

Total New Referrals for the year

456

468

453

Active Persons on Probation

2,858

2,790

3,100

PRE-TRIAL SERVICE / INVESTIGATION REPORTS Indigent Assessment Pre-Post Sentence Investigation Restitution Assessment Review Hearings Report Revocation Report (filed at the AGO)

54 9 12 (not generated) 22

33 13 14 1,225 20

33 12 13 967 20

Total Number of Reports

75

1,305

1,045

Indigent Assessment Pre-Post Sentence Investigation Hearing Restitution Hearings Review Hearings Revocation Hearings

0 (not generated) (not generated) 533 31

0 18 1 2,253 29

0 17 24 1,922 24

Total Number of Appearances in Court

564

2,301

1,987

60 38

30 58

89 80

COURT APPEARANCES

BENCH WARRANTS Bench Warrant Issued Pending Bench Warrant

ALTERNATIVE SENTENCE / PREVENTION & REFERRALS CGC Counseling CWS Probation Orientation Crime Prevention Common Sense Parenting Class ISP

85 47 249 30

(ordered 140) (ordered 90)

261

Total Referrals

63 76 314 39

(ordered 150) 138 (ordered 103) 135

153

215 34 12 278

645

800

COLLATERAL & COURTESY INVESTIGATION & SUPERVISION (To & From) Collateral Courtesy Investigation Courtesy Supervision Military Request (Probationer’s Record)

7 0

Total Number of Collateral & Courtesy Services 7

`

3 2

6 1 2

5

9

FINANCIAL COLLECTIONS Fines Restitution Probation Fees Court Fees

$405,493.00 $13,530.51 $38,194.00 $12,695.00

$42,185.00 $16,132.95 $37,679.00 $2,560.00

$40,016.50 $17,473.18 $37,432.50 $17,383.50

Total Collection

$469,912.00

$98,661.95

$109,494.65

Page 22

Law Revision Commission A message from the Law Revision Commission:

W

orking with the Commonwealth Law Revision Commission has been a challenging, rewarding, and overall enjoyable experience. Since the Law Revision Commission’s transfer to the judiciary in 1993 and the expansion of its duties, the Commission finally fulfilled all three of its statutory mandates to produce the three major legal publications of the CNMI when it released the first-ever Northern Mariana Islands Administrative Code in March 2006. In 2007, the Commission completed updates to the hard-bound formats of the Commonwealth Code (which contains permanent public and local laws) and the Northern Mariana Islands Administrative Code (which contains rules and regulations), and has made readily available current and past CNMI Supreme Court and CNMI Superior Court slip opinions and a wealth of other information on its website at www.cnmilaw.org. he Commission has been hard at work in 2007 on the electronic format of its legal publications on a searchable CD-ROM which is scheduled to be available to the public in June 2008. This upcoming Folios CD-ROM will contain not only the Commonwealth Code, all six volumes of the N.M.I. Reporter series, and CNMI Supreme and Superior Court slip opinions, but will now also include the Administrative Code and all three volumes of the Commonwealth Reporter series. All laws will be through August 31, 2007. This much anticipated 2007 CNMI Laws CD-ROM is sure to be a gold mine of information and will make researching and accessing CNMI laws much more convenient. ll of the accomplishments the Commission has made in producing the various legal resources for the CNMI has placed the Commission as one of the front-runners in its field in the Micronesian and Pacific region. The Commission’s achievements could not have been done without the continued funding by the Legislature, support of the Commission’s board members (2007 Commissioners: Chief Justice Miguel Demapan (Chair), Senator Paterno Hocog, Congresswoman Jacinta Kaipat, Attorney General Matthew Gregory, and Attorney Bruce Mailman), and most importantly, the dedicated, steadfast, and indelible teamwork of the Commission’s staff of past and present. Through the years, I have been truly blessed with extremely competent, professional, and hard-working staff who have been the real backbone and driving force of the Commission. ork for the Commission is never-ending since books and CD-ROMs by their very nature become outdated once new laws are created. As long as legislation continues to be enacted, courts continue to render decisions, and agencies continue to promulgate regulations, keeping the present publications up-to-date is a full-time commitment. Hindsight and experience prompted the Commission’s foresight to develop an efficient system for keeping all of its legal publications up-to-date and in a most cost-efficient manner. espite a busy schedule, the Commission still found time in 2007 to conduct free trainings on legal research and professional development, organize a charity drive, improve its website, and create a variety of other useful legal resource tools. But what is next . . . The Commission’s work on producing annual updates to the statutory and regulatory codes continues and is an on-going process; work on volume 7 of the N.M.I. Reporter series is being done; a comprehensive/combined digest of court decisions which will include volumes 1 through 3 of the Commonwealth Reporter series and volumes 1 through 6 of the NMI Reporter series is being done and is scheduled to be completed in August 2008 (this combined digest will basically represent the spectrum of CNMI case law with precedence from 1979 through the end of 2003, and will eliminate the current practice of having to consult four separate decision digests); constant improvements to the contents and accessibility to its website are being made; and as mentioned above, final work on the upcoming 2007 CNMI Laws Folio CD is being done for the CD’s release in June 2008. And the list of projects goes on.

T

A

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Sincerely, Naomi E. Lujan-Gonzales, Executive Director

Page 23

The Commonwealth Law Revision Commission is an independent judiciary agency that is responsible for compiling, editing, and codifying the various laws of the CNMI into an organized system with the mission of making them available to the public.

The Commission was changed in 1983 from a temporary to a permanent organization that was first established to compile and publish Commonwealth statutes and recommend legislation. In 1993, the Commission’s mandated duties were expanded when it was reorganized and transferred from the legislative branch to the judicial branch.

The office, as we know it today, was created by 1 CMC § 3801et seq. The Commonwealth Law Revision Commission is composed of a board and an office. The administrative and daily operations are carried out by the Commission office.

The Commission’s organic act mandates that “. . . the Commission shall be responsible for codifying Commonwealth laws of a permanent nature and publishing, in a reporter system, decisions of the Commonwealth judiciary . . . [and to] produce, publish, and periodically revise a Commonwealth Administrative Code consisting of Commonwealth administrative rules.” 1 CMC § 3803(b) and (c).

The Commission’s work of compiling, editing, and codifying the CNMI’s various statutes, judicial opinions, and regulations into an organized system and providing access to them are vital for the existence of a democratic society and its success. Access to laws should be a right, not a luxury.

Because laws impact our lives everyday, it is essential that Commonwealth residents and people who do business with the Commonwealth know and have simple and timely access to legislations, judicial rulings, and regulations. Having the CNMI’s laws compiled, updated, and available in an organized system also informs potential investors of the CNMI’s sophistication and provides assurance that their rights will not be trampled. The Commission’s work is undoubtedly an invaluable and critical necessity for the Commonwealth and its people.

In March 2007, the Commission released the update supplement to the paper format of the Commonwealth Code, which is a five-volume statutory code that contains all permanent CNMI public and local laws. This cumulative pocket-part supplement brought the Code current through December 31, 2006; update supplements are released annually. Moreover, a summary update table of changes within the Commonwealth Code is published every quarter and is available on the Commission’s website free-of-charge.

The release of the first-ever Northern Mariana Islands Administrative Code (“NMIAC”) in March 2006 represented a milestone in the CNMI’s history and a huge improvement in the accessibility of Commonwealth administrative law.

An update supplement to the NMIAC was completed in December 2007, bringing the Administrative Code current through August 2007. As with the statutory code, the Administrative Code’s update supplements are produced entirely in-office and on-demand which cuts costs and makes keeping both Codes current simpler. A summary update table of regulatory activity is published monthly and is accessible free-of-charge on the Commission’s website.

The Northern Mariana Islands Reporter series, which contains the decisions of the CNMI Supreme Court, currently spans six volumes and covers decisions through 2003. Slip opinions to the present are readily accessible on the Commission’s website free-of-charge and are searchable using the built-in search engine on the home page. The Commission has been working on a cumulative digest of decisions that will merge the Commonwealth Reporter digest and the N.M.I. Reporter digests into one comprehensive digest encompassing the scope of CNMI case law with precedential value. The completion date of this combined digest is August 2008.

In August 2007, the Commission finalized a contract with a company to produce a comprehensive and searchable CD-ROM containing all of the abovementioned legal publications, plus the three-volumes of the Commonwealth Reporter series, using the Folios platform. The Commission focused much of their work and resources in 2007 towards completing the updates for this highly anticipated CD. This 2007 CNMI Laws Folio CD, which will contain all statutes, court decisions, and regulations through August 31, 2007, will be available in June 2008.

Page 24

The Commission spearheaded the first training for judiciary staff on adult cardiopulmonary resuscitation (“CPR”) and first-aid. In September 2007, eight judiciary personnel were trained by the NMI Chapter of the American Red Cross and received official certification in adult CPR and first-aid.

LRC staff from the left: Albert A. Hicking, Naomi E. Lujan-Gonzales, Janet R. Labios, and Heather L. Kennedy.

Above: Judiciary staff engaging in a hands-on exercise in adult CPR.

In March 2007, the Law Revision Commission (on behalf of the CNMI Supreme Court) and the CNMI Superior Court were participating members at the 2007 Pacific Judicial Conference Court Administrator Conference. The purpose of the conference was to bridge learning gaps through the exchange of ideas between other Pacific jurisdictions and through specific trainings offered by conference coordinators.

Above from left: Judiciary staff who received certification in adult CPR and first-aid - Jesus Santos, Gideon Kikku, Julie Ilo, John Aguon (instructor), Albert Hicking, Steve Cabrera, Luis Villagomez, Naomi Lujan-Gonzales, and Jeremy Sasamoto.