NMI JUDICIARY 2008 ANNUAL REPORT

2008 ANNUAL REPORT

2008 ANNUAL REPORT

The Judiciary of the Northern Mariana Islands table

of

contents

Message from the Chief Justice Justices of the Supreme Court of the Northern Mariana Islands Judges of the Superior Court of the Northern Mariana Islands 2008 Year in Review Government and Community Outreach Continuing Improvements Judiciary Components Supreme Court Superior Court Clerk of the Superior Court Family Court Division Office of Adult Probation Commonwealth Recorder’s Office Judiciary Administrative Office Marshal Service Information Systems Facilities Management Law Revision Commission Summary of 2008 Supreme Court Opinions Judiciary Statistics

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Message from the Chief Justice

T

hank you for taking the time to read the NMI Judicial Branch’s 2008 annual report. 2008 was a challenging year for the judicial branch due to the Commonwealth government’s continuing fiscal decline. Budget shortfalls have left the judiciary in a precarious state. Court leaders struggle to maintain operations despite a lack of personnel, aging physical assets, and inadequate funds for basic supplies. Needless to say, the situation is difficult.

D

espite insufficient resources, however, the NMI judicial branch remains fully committed to, and fully capable of, providing the public with an increasingly accessible and efficient court system. One way court leaders are combating budget shortfalls is by scaling back nonessential projects in favor of core functions. Although the judicial branch continues to sponsor and participate in community outreach, travel and other discretionary spending has been greatly reduced. Additionally, the judicial branch is in the process of reevaluating its organizational structure in an effort to increase administrative efficiency. To that end, the judicial branch was awarded a grant to fund a study by the National Center for State Courts that will review judicial branch administration and recommend structural changes. I’m confident these efforts will help us better prioritize our many responsibilities, and better utilize our scare resources.

T

his annual report is an important aspect of the judicial branch’s ongoing efforts to foster public awareness regarding court functions and access to the legal system. It gives a broad overview of recent judicial branch activities and highlights many of the courts’ challenges and accomplishments throughout the year. I hope you find it informative.

Miguel S. Demapan Chief Justice

1

2008 ANNUAL REPORT

Justices of the CNMI Supreme Court MIGUEL S. DEMAPAN Chief Justice Second Term | July 16, 2007 to July 15, 2015 Retention Election | November 3, 2007 First Term | July 16, 1999 to July 15, 2007 Oath of Office | July 16, 1999 Confirmed | July 15, 1999 Appointed | June 29, 1999

Associate Justice – Supreme Court Term | July 9, 1998 to July 15, 1999 Oath of Office | July 16, 1998 Confirmed | July 9, 1998 Appointed | July 2, 1998

Chief Justice Miguel S. Demapan is the third chief justice of the Supreme Court of the Commonwealth of the Northern Mariana Island. In calendar year 2008, Chief Justice Demapan served as the Chairman for Commonwealth Law Revision Commission, Chairman for the Criminal Justice Planning Agency Supervisory Council, President of the Pacific Judicial Council, and Justice Pro Tem for the Supreme Court of Guam.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Justices of the CNMI Supreme Court ALEXANDRO C. CASTRO Associate Justice Second Term | July 9, 2006 to July 8, 2014 Retention Election | November 3, 2007 First Term | July 9, 1998 to July 8, 2006 Oath of Office | July 9, 1998 Confirmed | July 9, 1998 Appointed | July 2, 1998

Associate Justice Castro served as an instructor at the NMI Police Academy teaching cadets Criminal Law and Procedure. He also spearheaded the 2008 Attorney General’s Cup speech competition which he established over 25 years ago. He was involved in the Judges in the Classroom Program for middle school and high school students where he visited schools in the CNMI to talk about the justice system. He also participated in the annual reading programs for elementary school children and administered oaths to the Garapan and Tanapag Elementary School Student Councils and the Garapan National Junior Honor Society.

JOHN A. MANGLONA Associate Justice Second Term | May 9, 2008 to May 8, 2016 Retention Election | November 3, 2007 First Term | May 9, 2000 to May 8, 2008 Oath of Office | May 9, 2008 Confirmed | May 8, 2008 Appointed | April 13, 2000

In 2008, Associate Justice Manglona was enrolled in the National Judges Science School sponsored by the U.S. Department of Justice which trains judges and justices in forensic science and technology. He recently became an ASTAR Fellow and will soon be coordinating training programs for the judiciary. He is also actively involved in the National Forensics League assisting students in developing strong public speaking skills. He also assisted students in preparing for the High School Mock Trial competitions.

3

2008 ANNUAL REPORT

Judges of the CNMI Superior Court ROBERT C. NARAJA Presiding Judge Second Term | March 28, 2009 to March 27, 2015 Retention Election | November 3, 2007 First Term | March 28, 2003 to March 27, 2009 Oath of Office | March 28, 2003 Confirmed | March 28, 2003 Appointed | March 14, 2003

Associate Judge Term | November 20, 2001 to March 27, 2003 Oath of Office | November 20, 2001 Confirmed | November 15, 2001 Appointed | October 23, 2001

In CY 2008, Presiding Judge Naraja handled Saipan criminal (adult and juvenile), civil-probate, general civil, and the Rota criminal, traffic and juvenile dockets. In his capacity as Presiding Judge, he oversaw the operations of the trial court and all its divisions on Rota, Saipan and Tinian.

DAVID A. WISEMAN Associate Judge Second Term | March 14, 2007 to March 13, 2013 Retention Election | November 5, 2005 First Term | March 14, 2001 to March 13, 2007 Oath of Office | March 14, 2001 Confirmed | March 8, 2001 Appointed | January 5, 2001

In CY 2008, Associate Judge Wiseman handled Saipan traffic, criminal, civil-judicial review, civilimmigration, general civil, and the Tinian criminal, traffic and juvenile dockets. Designated by the Presiding Judge in 2007 to spearhead one of the efforts at enhancing access to the courts, Associate Judge Wiseman served all throughout CY 2008 as the E-File and Serve Committee Chairman for the Superior Court, and, as Chairman of the Translation Committee.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judges of the CNMI Superior Court RAMONA V. MANGLONA Associate Judge Second Term | May 31, 2009 to May 30, 2015 Retention Election | November 3, 2007 First Term | May 31, 2003 to May 30, 2009 Oath of Office | May 30, 2003 Confirmed | May 30, 2003 Appointed | May 20, 2003

In CY 2008, Associate Judge Manglona handled Saipan small claims, general civil,criminal (adult), traffic and Tinian general civil, small claims and civil-family court cases. Designated by the Presiding Judge to spearhead one of the efforts at enhancing access to the courts, Associate Judge Manglona served as the Supervising Judge for review of Office of the Clerk of Court policies and procedures. Judge Manglona has, since 2007, led the CNMI’s Criminal Justice Information Systems (CJIS) Committee as its Chairperson while serving on the same committee as the Judiciary’s representative.

KENNETH L. GOVENDO Associate Judge Second Term | June 20, 2009 to June 19, 2015 Retention Election | November 3, 2007 First Term | June 20, 2003 to June 19, 2009 Oath of Office | June 20, 2003 Confirmed | May 30, 2003 Appointed | May 20, 2003

In CY 2008, Associate Judge Govendo handled Saipan traffic, general civil, criminal (adult), and all civil-family Court cases. Since ascending the bench, Judge Govendo has served as the primary family court judge and continues to oversee related projects in the family court division. Designated by the Presiding Judge since February 2007, Judge Govendo serves as the Superior Court representative to the AYUDA Network, Inc. (ANI) Board of Directors and is involved in other family-relations organizations in the CNMI.

5

2008 ANNUAL REPORT

Judges of the CNMI Superior Court PERRY B. INOS Associate Judge First Term | September 22, 2008 to September 21, 2014 Oath of Office | September 22, 2008 Confirmed | September 18, 2008 Appointed | August 29, 2008

In CY 2008, Associate Judge Inos handled Saipan small claims, general civil, criminal (adult), traffic and Rota general civil, small claims and civil-family court cases. Designated by the Presiding Judge to represent the Superior Court, Judge Inos serves as the trial court’s representative to the Education Committee of the Pacific Judicial Council.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

2008 Year in Review GOVERNMENT AND COMMUNITY OUTREACH CJIS NETWORK The NMI Judiciary continues to play a key role in the NMI Criminal Justice Information System (CJIS) network. With Judge Ramona V. Manglona spearheading CJIS network efforts, several major achievements were accomplished, including the implementation of the Judiciary’s new case management system from New Dawn Technologies in December, 2007. The application is part of the JustWare-Court suite and includes court case management functions of calendaring, docketing, courtroom, court orders/ notifications, and court-related financial accounting. The CJIS network aims to ultimately achieve an integrated CJIS environment by connecting the court to the other criminal justice partners. The network made significant progress in 2008 to secure funding for and begin the implementation of such applications among its other partners. A principal player in the CJIS network efforts has been the Judiciary’s Systems Administrator, Wayne Archibald. Mr. Archibald has been instrumental in providing on-going technical assistance to the other criminal justice partners in procuring, installing, and maintaining their case management systems.

CJIS TRAINING ROOM The Judiciary is host to the CNMI Criminal Justice Information System (CJIS)’s training room. The training area is located on the second floor of the Guma Hustisia and houses six (6) workstations, complete with internet access and network connectivity. Funded through a National Crime History Improvement Program (NCHIP) sub grant award for and with the Criminal Justice Planning Agency (CJPA), the training room was opened in December 2007. It has since been the shared site for case management system implementation training with staff from the Office of the Attorney General, Office of Adult Probation, Division of Youth Services-Juvenile Probation Unit, Office of the Clerk of Court-Superior Court, and the Department of Public Safety. Other CJIS members will be afforded the opportunity to use the training room.

7

2008 ANNUAL REPORT

2008 Year in Review TA FAN ESKUELA PROGRAM With assistance from the CNMI Judiciary Historical Society, the Judiciary presented 120 bags of school supplies to Saipan, Tinian, and Rota elementary school students through its annual Ta Fan Eskuela (“Let’s Go to School”) program. Aimed at assisting younger members of the community as they begin their education, this program reaches out to the CNMI’s twelve elementary schools providing essential school supplies to students thus strengthening their desire to learn. Students are typically presented with notebooks, pencils, erasers, glue, scissors, construction paper, binder paper, color pencils/crayons and a ruler. Past recipients have been very appreciative.

PUBLICATION of ONLINE HISTORY of the NMI JUDICIARY With assistance from the CNMI Judicial Historical Society, the Judiciary published an online book documenting the history of the CNMI Courts. The book details the formation of rule of law in the Northern Marianas beginning with the Spanish administration, through the German Colonial period, the Japanese era, U.S. Navy administration, Trust Territory era, and ending in the present. The Judiciary is very grateful to contributing authors for each period. A link to this publication may be found on the Judiciary’s website: http://www.justice.gov.mp/history.aspx

FACILITY USE Throughout 2008, the Judiciary continued to make available its facilities for use by other government agencies and the community. The Tinian Courthouse and the Sentron Hustisia on Rota are frequently used as venues for public hearings. In addition, in 2008 the Judiciary was immediately responsive to the Department of Public Safety’s need for additional office space and provided DPS with additional unused space in the Judiciary’s annex located to the rear of the main Guma Hustisia/Iimwaal Aweewee/House of Justice in Susupe, Saipan.

CONTINUING IMPROVEMENTS NEW CASE MANAGEMENT SYSTEM In 2008, the Judiciary continued implementation of its JustWare case management software, acquired in March 2007. By December 2007, the Judiciary began utilizing the new program, following training, which also allows the court to produce better statistics reports, easily extract database information and track cases through various case participants such as the plaintiff, defendant, responding officer, or even victim. Perhaps the most innovative and long-awaited aspect of the program is the capability of the Judiciary to share data with other partners in the justice system. http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

2008 Year in Review E-FILING As a result of the Judiciary’s continuing desire and long-term goal to serve its constituents, it implemented Phase II of its LexisNexis® E-File and Serve in April 2008, adding Domestic Civil Cases and Juvenile Cases to the system. Phase I, implemented in April 2006, included a managed and mandatory efiling procedure for filing and service of documents in the following Civil case types (all current and new cases): Claims, Personal Injury, Damages, Tort, Negligence and Wrongful Death, Probate and Immigration. LexisNexis e-filing provides for immediate and direct access by Judiciary personnel, attorneys and others involved in litigation to review or file cases on-line. Case files are only accessible to registered users including pro se litigants and court staff through a password-protected website. General access to non-confidential files by non-registered users, including media, is publicly available on a payper-use basis. This ensures confidentiality while providing efficient document delivery to the court and public.

COURT UNIFICATION EFFORTS With a grant from the State Justice Institute, the CNMI Judiciary partnered with the National Center for State Courts to identify and implement a unified administrative organization to improve operational efficiencies. Consultants from the NCSC conducted a five day site visit in October 2008 – four and one half days on Saipan and a half-day on Tinian. Prior to the site visit, the NCSC project team reviewed available information regarding the current structure of the Judiciary. The project team met with justices, judges and staff regarding processes, problems, and areas where an organizational assessment is needed in addition to an examination of basic workflow and paperflow.

SELF-ASSESSMENT EXERCISE The CNMI Judiciary undertook a self-assessment of its activities and services against standards developed by the International Framework for Court Excellence. The seven standards on which the Judiciary rated itself included: (1) court management and leadership; (2) court policies; (3) human, material, and financial resources; (4) court proceedings; (5) client needs and satisfaction; (6) affordable court services; and (7) public trust and confidence. The results of the self-assessment will assist the Judiciary to ensure the delivery of quality court services and increase confidence in the justice system.

CONTINUITY of OPERATIONS PLAN In 2008, staff from the CNMI Judiciary attended a training conducted by the Pacific Judicial Council on developing a Continuity of Operations Plan. As a result of this training, in December 2008 the Judiciary implemented a policy to ensure the continuous and uninterrupted provision of services in the event of a disaster.

EARTH FRIENDLY EFFORTS In 2008 the Judiciary implemented a paper recycling program.. In addition, the LexisNexis E-File and Serve provides for electronic files of all civil cases. This alleviates over-the counter filings that typically bring in voluminous paper documents. Besides saving physical storage space, the online filing system provides for easy access to selected materials for printing as the need arises.

9

2008 ANNUAL REPORT

2008 Year in Review RETIREMENTS AND NOTABLE DEPARTURES JUAN T. LIZAMA ASSOCIATE JUDGE In May 2008, Juan T. Lizama retired from the bench after having served the CNMI as an Associate Judge for almost ten years. His service on the bench also included almost three years as a Special Judge while in private practice, a Justice Pro Tem in CNMI Supreme Court cases, and designated judge for the U.S. District of the Northern Mariana Islands during his tenure as a trial court judge. In the trial court, (retired) Judge Lizama handled criminal, traffic, civil-probate, general civil, and the Rota criminal, traffic and juvenile dockets. Designated by the Presiding Judge in 2007, (retired) Judge Lizama served as the Superior Court’s Executive Board Member to the CNMI’s Inter-Agency Working Group for Highway Safety Data Administration until his retirement in May 2008.

MARGARITA M. PALACIOS DIRECTOR of COURTS In April 2008, Margarita M. Palacios retired from a distinguished career with the Commonwealth Judiciary. She began her career as an Administrative Officer and then was promoted to Clerk of Court in 1985, the first female serving in this capacity. She served the Superior Court until 1992, after which she transitioned to the Supreme Court in the capacity of Court Administrator from 1992 to 1999. In 1999, Margarita took office as the Director of Courts, again, the first female appointed to the position.

NAOMI E. LUJAN-GONZALES, LAW REVISION COMMISSION EXECUTIVE DIRECTOR The Commission said farewell to its long-time Executive Director, Naomi E. Lujan-Gonzales, in August 2008. Ms. Lujan-Gonzales started with the Law Revision Commission in 2000 and became Executive Director in August 2001. Ms. Lujan-Gonzales also led the Judiciary in continuing education and collateral service efforts.

JONATHAN R. GRAYSON CLERK of the SUPREME COURT In October 2009, Jonathan R. Grayson completed his tenure as the Clerk of the Commonwealth Supreme Court. Jonathan first joined the Supreme Court staff as Chief Justice Miguel Demapan’s law clerk in 2005, and he moved to the Clerk of Court position in 2007. Jonathan wore many hats during his time as Clerk of Court and, as a result, became a very valuable resource for the Court. He continued researching and writing just as his did when he was a law clerk, but he also oversaw all aspects of case intake, wrote grant proposals, served as general counsel for the judiciary, and helped draft new court rules, among other responsibilities. Jonathan also established certain internal operating procedures that continue to allow the staff to operate in a more efficient manner.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Components SUPREME COURT

T

he Commonwealth of the Northern Mariana Islands (NMI) Supreme Court is the appellate court of the Northern Mariana Islands, with jurisdiction to hear appeals from final judgments and orders of the NMI Superior Court. All appeals from the NMI Supreme Court go directly to United States Supreme Court.

The NMI Supreme Court consists of three justices appointed by the Governor for a term of eight years.

A justice wishing to serve another term must receive voter approval in a retention election.

Beginning in 2008, the Supreme Court expanded its case tracking statistics to include “Administrative Orders” and “Bar Admission.” Administrative Orders are court orders dealing with day-to-day court operation and legal practice. They are not specific to a particular case. Bar Admissions include matters concerned with individuals’ ability to practice law before Commonwealth courts, either by taking the bar exam, through the government attorneys exception, or by application to be admitted pro hac vice or as a certified legal intern. Generally, Bar Admission matters do not lead to published opinion, but they may in certain instances.

Tracking these additional statistics provides a more complete picture of Supreme Court business. However, statistics still fail to capture much of the Supreme Court’s work. The Court’s continuous efforts to improve Judicial Branch efficiency, accessibility, and responsiveness, cannot be reduced to numbers.

In 2008, the Supreme Court handled three disciplinary matters: one which was tried, the second was dismissed, and the third still pending.

SUPERIOR COURT

T

he Superior Court is the Commonwealth's trial court, with general jurisdiction over civil and criminal proceedings. Five Commonwealth Superior Court judges preside in courtrooms in the Guma Hustisia in Susupe, Saipan; proceedings are also conducted monthly in Rota and Tinian courtrooms. The judges are appointed by the Governor and confirmed by the Commonwealth Senate.

The term of office is six years. After the first and subsequent terms, a judge wishing to serve another term must receive voter approval in a retention proposition presented on a general election ballot.

If a position is vacant or a judge must disqualify himself from hearing a proceeding, the Chief Justice of the Commonwealth Supreme Court may designate an active or former justice or judge of the Commonwealth, any U.S. jurisdiction or certain Micronesian jurisdictions to serve as a judge pro tem. In addition, the Chief Justice may assign one or more to preside in a proceeding or serve for a specified period.

11

2008 ANNUAL REPORT

Judiciary Components Commonwealth Superior Court proceedings are largely governed by Commonwealth court rules applying in various types of proceedings (e.g., the Commonwealth Rules of Criminal Procedure). Commonwealth Superior Court decisions may be appealed to the Commonwealth Supreme Court.

CLERK of the SUPERIOR COURT The Office of the Clerk of Court maintains the official records for the entire Superior Court and is the official recorder of documents for filings and appeals. 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, including processing traffic clearances, traffic histories, criminal clearances, bench warrants, as well as the copying of related documents.

The Office of the Clerk of Court remained the trial court’s largest division in 2008, maintaining a staff of thirteen, with one on Rota, one on Tinian and eleven on Saipan. All caseload management in general civil, criminal, family, traffic, small claims, immigration, and agency appeals are initiated, maintained, and disposed of in the Office of the Clerk of Court. Tasked with processing data logs, custodianship, and certification standards for all documents lodged or filed with it on all three islands, the division also provides personnel to oversee session activities in all seven courtrooms. Along with members of the public who rely on this division for case summaries or background information, other court divisions and judges’ chambers rely on the Office of the Clerk of Court’s output in providing party information, case histories, setting of hearings, and case dispositions. The Clerk of Court maintained several sections in meeting service demands in all three islands: (1) customer service, (2) records management, (3) courtroom teams, (4) jury trials and appeals, and (5) electronic filing.

In 2008, even with the ever-continuing challenge of scarce resources, the division devoted great effort at achieving performance goals in its various automation projects. The entire court system is now dependent on the efficient processing of case information with various network tools maintained by this division. They are: • • •

•

Bar Codes Records Manager: Computerized bar coding system for all physical case files, providing for easy retrieval, tracking, and return of same.

Laserfiche Client: Online file of virtual images of court documents New Dawn’s JustWare Case Management System: Database link to all case information including, but not limited to party(ies) names, attorneys, victim(s), scheduled hearings, assigned judge, charge (s), related case(s), issued warrants, payables, etc. Available to all users for case management on all trial court matters in all three islands, in or out of the courthouses. JustWare is also used to generate forms for criminal and traffic history records/clearances.

LexisNexis® E-File and Serve. Online access to the trial court’s processing of civil cases. Documents are electronically lodged by outside parties, then reviewed and processed, forwarded to judges for further action, and filed and served on all parties by the court staff.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Components •

Internet Access to Court Calendar. Online access, through a link on the Judiciary’s website, to the trial court’s weekly calendar. Image lists case name, type, assigned judge, hour set, and courtroom number, and is uploaded every Friday.

The above tools greatly assisted the division in promoting better and faster access to case information notwithstanding fiscal restraints. In 2008, assurance controls and data integrity were further enhanced in this division through coordinated efforts with the Administrative Services Unit, Office of Adult Probation, Family Court Division, Commonwealth Recorder’s Office, chamber staff of the Judges, training sessions administered by Associate Judge Ramona V. Manglona, technical assistance by Systems Administrator Wayne Archibald, members of the NMI Bar, Kevin Kennedy of LexisNexis®, Clerk of the NMI Supreme Court Jonathan Grayson and general support from all the Judges and Justices.

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, or self-represented, litigants through the court system, coordinating efforts with various family and juvenile justice service organizations, and maintaining assurance controls for enforcement orders. The FCD also oversees the following activities and projects to ensure court services remain 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 Parent Program. Programs intended to educate parents about the effects of divorce on children, cope with change, and increase communications skills between parents and children.

•

Juvenile Justice Task Force. The FCD 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.

•

Family Violence Task Force. The FCD is a member of the Family Violence Task Force. Created in 1995, the FVTF network of government and non-governmental agencies that assists victims of domestic violence and sexual assault crimes. Members meet on a monthly basis to discuss activities and specific problem areas and successes of family violence services. The FCD continues to be an active member of this organization.

13

2008 ANNUAL REPORT

Judiciary Components OFFICE of ADULT PROBATION The CNMI Office of Adult Probation (OAP) encompasses law enforcement, social work, and community prevention oriented services for probation court ordered offenders, crime victims, and the community. Probation services consist of Administration Unit, Pre-Trial/Investigation Unit, Supervision Unit, and Alternative Sentence/Prevention Unit. OAP officers are trained law enforcement officers authorized to carry firearms and make arrests and are trained social workers. Their primary legal obligations are: public safety (enforcement of court orders), court reports (investigations, assessments, and status reports), and offenders’ rehabilitation needs.

The OAP conducted 11 outreach efforts in 2008 to various schools and community organizations and events. Also in 2008, the office conducted or participated in nine training activities and made monthly (or in some instances semi-monthly) visits to Rota and Tinian to conduct its regular business. OAP officers and staff also actively participated in a variety of community and government related activities such as the Family Violence Task Force, the American Probation & Parole Association (APPA), National Administration for Probation Executives (NAPE), and the Criminal Justice Information Systems (CJIS) Network, to name a few.

COMMONWEALTH RECORDER’S OFFICE The Office of the Commonwealth Recorder was established in 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 for maintaining original records of Commonwealth vital statistics, such as certificates of birth, death, and marriage (before October 1, 2007 only). 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.

ADMINISTRATIVE SERVICES UNIT The Administrative Services Unit is a division under the trial court that handles various administrative accounts and certifies all asset management documents for the Office of the Presiding Judge. In calendar year 2008, the division comprised of a staff of three that continued to, as in prior years, ensure the daily processing of finance and accounting matters. Revenue, fiduciary, and imprest accounts are those maintained by this division, using network connectivity tools such as the Department of Finance’s JD Edwards Accounting System, Laserfiche Client, LexisNexis® E-File and Serve, and New Dawn’s JustWare Case Management System. In addition to this, the division served as the primary collection point for all Judiciary fees and fiduciary assessments, and, the Department of Public Safety’s Bureau of Motor Vehicle’s fees and assessments.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Components Revenue Accounts. The division is responsible for a fund collection and receipt system that included maintaining a cashier station, handling all bookkeeping protocols, ensuring proper custody of funds, providing remittances to financial institutions, and issuing periodic reports on all collection. In 2008, funds collected included all pre- and post-trial court-imposed fees and fines and the Department of Public Safety’s statutory fees and fines. All revenues were deposited into accounts held by the Department of Finance, which administered disbursements to other stakeholders. One of the largest recipients of such funds, for the Judicial Building Fund loan, was the NMI Retirement Fund.

Fiduciary Accounts. The division is responsible for the collection and disbursements of third-party, non-revenue funds that are subject to court supervision through trial court orders or other adjudication procedures. The funds include those for child support, bail, restitution, forfeitures, probate and heirship assets, etc. In 2008, these funds continued to be held in trial court checking accounts totaling over a million dollars. Disbursements were made weekly, with recipients ranging from within our CNMI community, the Pacific region, and the continental United States.

Imprest Account. The division is responsible for the tracking of the trial court’s operational and personnel encumbrances, expenses, and payments pursuant to fiscal year appropriations. All of the trial court’s supplies, fleet, materials and services are certified and tracked pursuant to court practices and procurement regulations. A checking account, replenished periodically by the Commonwealth Treasurer in line with trial court allotments, is utilized in the disbursement of payments to vendors. Personnel costs, on the other hand, are reported to and processed by the Department of Finance. The budgetary limits in 2008 provided for a major challenge in this category of the trial court accounts.

JUDICIARY ADMINISTRATIVE OFFICE The Judiciary Administrative Office is responsible for all non-judicial functions of Rota, Tinian, and Saipan courthouses. This includes security for court personnel and patrons and maintenance and infrastructure management for all court facilities. In addition, the JAO is responsible for the financial functions including purchasing, accounting, and internal controls as well as managing the human resources needs of the Supreme Court. The JAO is also responsible for maintaining the Judiciary’s information systems and provides a wide array of technical and administrative support to both the Supreme and Superior Courts. In August 2008, Tracy M. Guerrero replaced Margarita M. Palacios as Director of Courts for the Judicial Branch.

MARSHAL SERVICE The Judiciary’s 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, the five Superior Court courtrooms, and the interior and exterior of the Guma Hustisia/Imwal Aweewee/House of Justice. The Unit oversees what is now an outdated security system for the House

15

2008 ANNUAL REPORT

Judiciary Components of Justice’s more than 69,000 square feet of area.. The area of coverage encompasses three floors of surveillance activity: The basement, the ground floor and the second floor. Courtrooms, public access areas and other high traffic zones are monitored through a security system equipped with video cameras and tracking mechanism for door access readers. The computer and video applications complements the Unit’s ability to carry out the courts safety protocol.

In 2008, the Marshal Service Unit continued to remain challenged with human resource shortages – the MSU employed only six Deputy Marshals in 2008. The position of Chief Marshal remained vacant throughout 2008 due lack of sufficient personnel funding. In 2008, the MSU retained the assistance of the Department of Public Safety with court security to help adequately cover major trials and other court events.

The Marshal Service Unit has been tasked to serve court orders and other processes to the Department of Public Safety, Department of Correction and to individual persons. In addition, the MSU has also been tasked to detain defendants with outstanding warrants issued by the trial courts for their arrest. The defendants were either detained at the Clerk of Court or inside of the courtrooms or thereby escorted to the Marshal’s Office for processing and to await transport to the Department of Correction by DPS personnel.

In May 2008, uniforms were issued to all deputy marshals paid for by funds from the Edward Byrne Justice Assistance Grant (JAG). Five pair of Class B uniforms and one pair of Class A uniform were distributed. In October of 2008 twelve polo shirts or Class C uniforms were issued for off hour work and most recently, for Friday wear.

In October of 2008, all incidents that warrant a report were assigned a control number specifically for Marshal Service Unit record purposes. From October to December of 2008 there were four recorded incidents.

INFORMATION SYSTEMS The Judiciary’s Information Systems Unit 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.

FACILITIES MANAGEMENT The Judicial Branch has three facilities to maintain: (1) the Guma Hustisia/Imwal Aweewee/House of Justice on Saipan, (2) the Tinian Courthouse, and (3) the Sentron Hustisia on Rota. In 2008, adequate maintenance and infrastructure improvements for all three Judiciary facilities remained scarce due to shortages in funding for operations.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Components The Judiciary’s main facility, the Guma Hustisia/Imwaal Aweewee/House of Justice, was built in 1995 as a state of the art judicial complex. The Guma Hustisia houses the NMI’s Supreme Court and Superior Court, as well as the Law Revision Commission and Larry Hillbloom Memorial Law Library. However, after 13 years the Guma Hustisia requires major investments, including the replacement or repair of key capital infrastructure assets. Much of our electronic equipment was damaged or destroyed entirely by previous power outages. The goal of judicial branch to enhance the quality of justice requires adequate physical infrastructure meeting the needs of the CNMI public, the branch, and its justice and community partners. These improvements are essential to ensure business continuity and to maintain the integrity of the Guma Hustisia as a state of the art facility where the rule of law will continue to be upheld in the Marianas. Many necessary improvements including the much needed replacement to the central air conditioning system for and roof repairs for the Guma Hustisia continued to be delayed.

LAW REVISION COMMISSION The Commonwealth Law Revision Commission is an independent 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 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.

Heather L. Kennedy assumed leadership of the Commission as Executive Director in August 2008. Having served as the Commission’s staff attorney since April 2007, Ms. Kennedy recognizes the value of the enormous amount of important work that the Commission continuously performs for the CNMI community. Compiling, organizing, and keeping the CNMI’s legal publications current is a specialized, detailed, and labor intensive task. It is remarkable how much the Commission has done through the years with only an average staff of four (one staff attorney) and a relatively small budget.

The office, as we know it today, was created by 1 CMC §§ 3801-3810. 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 through the Executive Director appointed by the Chief Justice, as Chairman of the Commission. The current Commission members are:

Chief Justice Miguel Demapan

Senator Paterno Hocog

Representative Rosemond Santos

Assistant Attorney General Gregory Baka

CNMI Bar Representative Bruce Mailman

17

2008 ANNUAL REPORT

Judiciary Components 2007 CNMI LAWS CD-ROM The Commission accomplished a major goal in late 2008, early 2009 when a fully searchable CD-ROM of all CNMI laws was made available. The “2007 CNMI Laws CD” contains the Commonwealth Code (statutes through August 2007), Commonwealth Reporter Volumes 1 through 3, NMI Reporter Volumes 1 through 6 (CNMI Supreme Court decisions through 2003), CNMI Supreme Court opinions from 2004 through August 2007, and CNMI Superior Court slip opinions through August 2007. Preparing the CD involved intensive and meticulous updating of the publications, organizing and editing current publications, and regular contact with the publishing company, LexisNexis. This much anticipated CD-ROM is a gold mine of information that makes researching and accessing CNMI laws much more convenient.

This CD-ROM is available for purchase at www.cnmilaw.org.

The Commission serves the public by maintaining a website for the community to access a variety of legal information for free. The website contains a wealth of information, such as, the CNMI Constitution and Covenant, current and past public/local laws, current and past Superior and Supreme Court opinions, a three-month snapshot of the table of contents of the CNMI Register, update tables for the Commonwealth Code and the NMIAC, and the latest CNMI court rules. The website has a search engine that enables the user to access information by simple word searches.

The Commission’s website saves time, gas, and money by eliminating the prior need to drive and pay for copies of public laws or court decisions from the Legislature or Guma Hustisia. Moreover, people from remote locations can access CNMI statutes, updates, case law, and court rules at their convenience.

The Commission posts new statutes and court decisions on the website within three days of release to ensure that users have access to the most up-to-date information. The Commission continues to receive positive feedback regarding the value of the contents and the user-friendliness of the website. The Commission’s website was even selected by Study Web as one of the best educational resources on the world-wide-web.

The website is often the first point of contact for individuals interested in CNMI laws. The Commission has assisted investors (including a telecommunications and a water company) via telephone and email in gathering information on establishing a business in the CNMI. Quite often, the Commission will refer individuals to the proper government agency, when appropriate. Moreover, many business people and members of the public come directly to the Commission to obtain copies of the latest regulations, for example the Department of Labor Rules & Regulations. The Law Revision Commission is its own webmaster. This allows the Commission to maintain, update, and improve the website. Being its own webmaster ensures the continuity of the Commission’s website and has saved the Commission money by not having to hire or contract a webmaster. During these tough economic times, the Commission intends to continue to find ways to save money while improving the compilation and accessibility of CNMI laws.

The Commission has offered and will continue to expand, create, and offer searchable CD-ROMs of various law materials and work products (TT and Commonwealth Registers, public and local laws, CNMI court rules, CNMI court decisions, etc.). We also plan to offer custom-ordered sets of law materials such as individual code titles, old case collections and recent case archives in whichever format requested. http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Components The Commission will continue to host CNMI legal research trainings for the CNMI Bar Association, government agencies, private businesses, the general public, and any other persons requesting such training. As funding becomes available, the Commission plans to continue to update and improve its website that makes legal resources, such as public laws, court rules and code update tables (just to name a few), available to the public free of charge.

Within the next five years depending on resources, the Commission would like to have the following accomplished: •

Annual update supplements to the Commonwealth Code.

•

Annual update supplements to the N.M.I. Administrative Code.

•

A new composite Digest of Decisions and Citations for the Northern Mariana Islands Reporter series and Commonwealth Reporter Series.

•

A volume 7 and 8 of the Northern Mariana Islands Reporter series published in both paper and CDROM formats.

•

An improved and expanded version of its internet web-site.

•

A new book release of the CNMI statutory and administrative codes.

•

An update for its searchable 2007 CNMI CD of all laws in the CNMI.

Work 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, the Commission will have plenty of work to do. With continued funding and hard work from the Commission staff, the people of the CNMI will continue to have access to quality publications and legal information.

19

2008 ANNUAL REPORT

2008 Supreme Court Opinion Summaries AGO v. Phillip, 2008 MP 1 A criminal defendant appealed a trial court deportation order, arguing that as a citizen of the Federated States of Micronesia, he is not an alien within the meaning of the Commonwealth Entry and Deportation Act. In upholding the deportation order, the Supreme Court determined that FSM citizens who have been convicted of a felony qualify as aliens under the Act. Although citizens of the Trust Territory of the Pacific Islands were initially exempt from deportation under the Act, and FSM is a former part of the Trust Territory, the dissolution of the Trust Territory resulted in the dissolution of many of the protections afforded its citizens. Accordingly, the Court determined that the defendant qualified as an alien for deportation purposes.

CPA v. Tinian Shipping Co., 2008 MP 2 A petitioner requested a rehearing of an unsuccessful appeal. In denying the petition, the Supreme Court reiterated that a contract must be ambiguous for the trial court to consider course of performance evidence. The Supreme Court also noted that in issuing its initial opinion, it properly weighed the petitioner’s estoppel argument and found it inapplicable.

Commonwealth v. Jindawong, 2008 MP 3 A criminal defendant appealed the trial court’s order denying her motion to set aside her conviction for reckless driving. The defendant claimed the trial court violated her due process rights when it failed to inform her that her reckless driving conviction would result in the denial of her taxicab license. The Supreme Court determined that the denial of the defendant’s taxicab license was a collateral consequence of her guilty plea for reckless driving. Because the Due Process Clauses of both the United States and Commonwealth Constitutions do not require courts to advise defendants of the collateral consequences of their guilty pleas, the Supreme Court upheld the trial court’s order.

In re Benavente and Bennett, 2008 MP 4 Two petitioners requested that the Supreme Court answer legal questions regarding the constitutional process for selecting the Commonwealth Board of Education teacher representative. However, the Supreme Court was unable to clarify the proper procedure for selecting a teacher representative, holding that the petitioners failed to satisfy the prerequisites for submitting certified legal questions as set forth in Article VX, Section 1(c) of the Commonwealth Constitution.

In re Estate of Rios, 2008 MP 5 The administrator of an estate appealed the trial court’s decision distributing the assets of the estate. The Supreme Court held that the trial court wrongfully applied the doctrine of laches and that the probate code does not require heirs to come forward with inheritance claims until after the trial court conducts an heirship proceeding. The Supreme Court also found that, in a probate proceeding, the trial court is not barred from subsequently adjudicating a decedent’s heirs. In addition, the Supreme Court identified the person to whom the assets should have been distributed. Accordingly, the Supreme Court reversed the trial court’s decision and remanded the matter to the trial court.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

2008 Supreme Court Opinion Summaries In the Estate of Taisacan, 2008 MP 6 An appellant failed to file his opening brief with the Supreme Court after the Court extended his time to do so. Subsequently, the appellant filed motions for additional extensions of time that were procedurally deficient and substantively inadequate. The Court stated that “[p]ermitting such dilatory conduct would allow [the appellant], through his counsel, to hold other parties and the Court in abeyance to his scheduling preferences.” Thus, the Court dismissed the appellant’s appeal for failure to prosecute.

Commonwealth v. Mettao, 2008 MP 7 A criminal defendant appealed his conviction of driving under the influence of alcohol, arguing that the trial court erred in (1) refusing to conduct a pre-trial voluntariness hearing, (2) denying his motion to suppress his confession and the results of his breathalyzer and field sobriety tests, (3) convicting him of an offense with which he was not charged, and (4) allowing the Commonwealth to amend the charges against him in order to circumvent his motion for discovery. In rejecting the defendant’s arguments, the Supreme Court stated it is “unnecessary for a trial judge in a non-jury trial to conduct a separate hearing on voluntariness.” Additionally, the Supreme Court held that because the defendant did not object at trial to the admissibility of his confession or the results of his breathalyzer and field sobriety tests, he did not preserve the issue for appellate review. Finally, the Supreme Court determined that the defendant was convicted of the offense with which he was charged, and the Commonwealth’s amended charges did not adversely affect his substantial rights.

Camacho v. MDC, 2008 MP 8 In a suit between a private land owner acting as a guardian for a minor, and the Micronesian Development Company and the Marianas Public Lands Authority, the trial court dismissed the case for failure to state a cause of action. The Supreme Court ruled that the trial court failed to make a number of relevant factual determinations before dismissing the case. Thus, the Supreme Court reversed the trial court’s decision to dismiss the case and remanded the matter back to the trial court.

Chen Corp. v. Hambros, 2008 MP 9 A petitioner requested a rehearing of his unsuccessful appeal. The petitioner argued that the Supreme Court has appellate jurisdiction over his appeal from a final post-judgment order in a small claims matter. The Court held that small claims actions may only be appealed directly to the Supreme Court if extraordinary circumstances support such an appeal and there is an adequate evidentiary record to review.

Because the petitioner’s small claims action was not supported with a complete evidentiary record, the Court determined that the petitioner should have appealed his case to the trial court. Therefore, the Court denied the petition for rehearing.

Commonwealth v. Shimabukuro, 2008 MP 10 A criminal defendant appealed the trial court’s order denying her motion to withdraw her guilty plea for illegal possession of a controlled substance. The defendant argued that her attorney should have informed her of the immigration consequences of her guilty plea. In rejecting the defendant’s claims, the

21

2008 ANNUAL REPORT

2008 Supreme Court Opinion Summaries Supreme Court joined with a majority of federal and state courts in the United States in holding that deportation is a collateral consequence of a criminal conviction. As such, the Court determined that Commonwealth attorneys need not inform alien defendants of the potential immigration consequences of their guilty pleas.

Commonwealth v. JG Sablan Rock Quarry, Inc., 2008 MP 11 The Commonwealth petitioned the Supreme Court to issue a writ of mandamus directing the trial court to enter judgment, through a separate document, reflecting its decision on the constitutionality of PL 1521, and to vacate the trial court’s decision granting the opposing party leave to file an amended answer and counterclaim. The Supreme Court held that the Commonwealth did not satisfy the criteria by which writs of mandamus are granted. Therefore, the Court denied the petition.

In re Tudela, MP 2008 MP 12 Two Commonwealth voters petitioned the Supreme Court to reapportion and redistrict the Commonwealth House of Representatives. Petitioners argued that only citizens should be considered for apportionment purposes, rather than total population, which was the basis of the then-current apportionment scheme. Non-citizens make up a far higher percentage of Saipan’s population than of Rota’s or Tinian’s, so including non-citizens for apportionment purposes results in Saipan having a greater number of Representatives than if only citizens were counted. Petitioners argued that the then-current apportionment scheme unconstitutionally diluted Rota and Tinian votes in relation to Saipan votes, which violated the one person, one vote standard. In rejecting petitioners’ arguments, the Court upheld the legislative decision to apportion the House of Representatives by total population. The Court also held that the one person, one vote standard as it has evolved in United State’s courts is inapplicable in the Commonwealth. Although population is the starting point for apportionment, and voter parity the default objective, the Court determined that the legislature may base apportionment decisions on other considerations.

Stephanson v. Teregeyo, 2008 MP 13 In a case involving a property dispute, the Supreme Court struck down a clause in a contract because it violated Article XII of the Commonwealth Constitution, which only permits persons of Northern Marianas descent to hold permanent or long-term interests in real property. The clause permitted a person not of Northern Marianas descent to hold an interest in rent. The Supreme Court held that an interest in rent is an interest in real property and therefore determined that the clause violated Article XII. Therefore, the Court severed the clause from the contract. Additionally, the Court vacated the trial court’s award of attorney’s fees, holding that the fee award should have been made after all proceedings, including appellate proceedings, were complete. Accordingly, the Court vacated the fee award and remanded the matter of attorney’s fees to the trial court for re-calculation.

Commonwealth v. Monton, 2008 MP 14 A criminal defendant who had completed a sentence of supervised probation stemming from a plea agreement asked the trial court to vacate his convictions under 6 CMC § 4113. The trial court vacated

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

2008 Supreme Court Opinion Summaries the convictions, but the Commonwealth requested that the convictions be reinstated. The trial court reinstated the convictions and the defendant appealed. The Supreme Court held that unless the parties explicitly agreed that 6 CMC § 4113 governed the defendant’s probation, 6 CMC § 4105 applies, which does not allow for the convictions to be vacated. For this reason, the Court determined that the convictions were improperly vacated and that the trial court did not err when it reinstated them.

Torres v. Fitial, 2008 MP 15 The Supreme Court vacated a trial court order imposing a settlement between the appellant and the appellee where the only indication of settlement presented to the trial court was a settlement order drafted by the appellee. The Supreme Court also vacated a second trial court order that repealed the settlement order because an appeal had already been filed. After vacating the two orders, the Supreme Court remanded the matter to the trial court.

Commonwealth v. Demapan, 2008 MP 16 A criminal defendant appealed his convictions of assault with a dangerous weapon, assault and battery, and disturbing the peace, arguing the trial court erroneously instructed the jury on the law of selfdefense. In vacating the defendant’s convictions, the Supreme Court joined with a majority of United States jurisdictions in holding that Commonwealth defendants are not required to retreat before using reasonable force in self-defense. The Court added that “in order to justifiably claim self-defense in exercising physical force, the following factors must be satisfied: (1) the defendant must have a reasonable fear of imminent danger; (2) the defendant may only use force against an unlawful aggressor; (3) the defendant’s use of force must be necessary; and (4) the defendant’s use of force must be proportional to the aggressor’s use of force.”

Commonwealth v. Eguia, 2008 MP 17 A criminal defendant who completed all requirements of his sentence successfully petitioned the trial court to vacate several convictions under 6 CMC § 4113. After the trial court did so, the Commonwealth argued that the defendant was sentenced under 6 CMC § 4105, which does not allow the convictions to be vacated, and moved the trial court to reinstate them. The trial court granted the motion and reinstated the convictions. The Supreme Court held that unless a defendant is explicitly sentenced under 6 CMC § 4113, 6 CMC § 4105 governs his or her convictions. Because the defendant in this case was not explicitly sentenced under 6 CMC § 4113, the Supreme Court held that the defendant’s convictions were governed by 6 CMC § 4105. Therefore, the Supreme Court determined that the trial court could not vacate the convictions and that the trial court properly reinstated them.

Commonwealth v. Castro, 2008 MP 18 The criminal defendant appealed his convictions for sexual assault, sexual abuse of a minor, assault and battery, and disturbing the peace, arguing (1) the trial court erred in denying his request for a bill of particulars, (2) the trial court erred in refusing to provide the jury with a specific unanimity instruction, and (3) his convictions subjected him to double jeopardy. The Supreme Court held that the trial court did not err in denying the defendant’s request for a bill of particulars, as the charging documents and discovery

23

2008 ANNUAL REPORT

2008 Supreme Court Opinion Summaries materials sufficiently apprised him of both the charges and underlying facts supporting the charges. The Court further held that the trial court did not err in refusing to provide a specific unanimity instruction because the defendant’s sexual contact constituted a continuous act. Finally, because the defendant argued double jeopardy for the first time at oral argument, the Court declined to consider the issue. Accordingly, the Court upheld the defendant’s convictions.

Atalig v. Superior Court, 2008 MP 19 Two petitioners sought review of a trial court order suspending them from the practice of law. The petitioners argued that the trial court acted in excess of its jurisdiction by suspending them under its inherent power. The Supreme Court declined to consider whether the petitioners’ suspension was a proper exercise of the trial court’s inherent power. Instead, the Court invoked its supervisory power to require the trial court to follow the Commonwealth Disciplinary Rules and Procedure when seeking to encumber an attorney’s license to practice law. Because the trial court did not follow the disciplinary rules, the Supreme Court vacated the petitioners’ suspensions, and remanded the case to the trial court.

In the Matter of Lizama, 2008 MP 20 Based on the findings and recommendations of an investigative judge, a formal complaint was filed with the Supreme Court against a trial judge based on the trial judge’s alleged violation of the Commonwealth Code of Judicial Conduct. The Supreme Court held that the trial judge violated the Commonwealth Code of Judicial Conduct and therefore imposed sanctions against him.

Pacific Financial Corp. v. Muna, 2008 MP 21 A civil contemnor appealed the trial court’s order holding him in contempt for failure to comply with an order to make monthly payments on a consumer debt. The contemnor argued that the trial court should have advised him of his right to counsel prior to holding the contempt proceeding. The Supreme Court held that an alleged civil contemnor facing a loss of liberty has a right to counsel at a contempt hearing unless that right is explicitly waived. Because the trial court failed to advise the contemnor of his right to counsel, the Court vacated the trial court’s contempt order and remanded the case to the trial court.

Bank of Guam v. Ruben, 2008 MP 22 Two contemnors appealed the trial court’s order holding them in contempt for failure to comply with an order to make payments on their consumer debt. The contemnors argued that the trial court should have advised them of their right to counsel prior to holding the contempt proceeding. In reversing the trial court order, the Supreme Court held that the contemnors were deprived of their due process rights when the trial court failed to advise them of their right to counsel prior to holding the contempt proceeding.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 1.

Supreme Court Cases Filed 2004 – 2008 YEAR

Civil

Criminal

Family

Traffic

Original Action

Disciplinary

Pro Hac Vice Application

2004 2005 2006 2007 2008

29 25 34 18 14

3 7 12 5 5

0 0 0 1 1

0 2 4 1 1

3 3 3 8 3

0 0 0 1 0

0 0 0 0 10

Administrative

Certified Questions

Small Claims

0 0 0 0 1

0 0 0 0 1

12

Bar Admission

1

Table 2.

Supreme Court Cases Disposed 2004 – 2008 Small YEAR Civil Criminal Claim

Traffic

Original Action

Disciplinary

Pro Hac Vice Application

Administrative

Certified Questions

Total

2004

21

11

0

1

2

0

0

35

2005

18

11

0

0

3

0

0

32

2006

30

4

0

0

2

0

0

36

2007

19

10

1

5

2

0

0

37

2008

11

4

0

2

3

1

1

44

10

12

Table 3.

CNMI Bar Examinations Statistics 2008 February 2008 st

2nd Time

3rd Time+

1 Time

Passed

Failed

Regular

2

2

0

Total Took/Passed/Failed 2/2/0

Attorney

4

4

0

4/4/0 July 2008

Regular

4

2

2

4/2/2

Attorney

2

2

0

2/2/0

25

Total

35 37 53 34 49

2008 ANNUAL REPORT

Judiciary Statistics Table 4.

Superior Court Cases Filed 2000 – 2008

Year

Civil

Criminal

Family Court

Small Claims

Traffic

Total

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

Total

5415

3448

6075

11319

60987

87244

Chart 1. Superior Court Cases Filed by Case Type 2000 – 2008

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 5.

Superior Court Cases Filed by Senatorial District 2000 – 2008 Civil Criminal Family Small Court Claims

Traffic

Total

2000

564

517

575

Saipan 1335

9782

12773

2001

641

448

568

1433

9122

12212

2002

657

360

626

1448

7469

10560

2003

607

370

514

1154

5528

8173

2004

580

373

577

1206

6915

9651

2005

556

363

662

935

4958

7474

2006

615

255

720

1102

5141

7833

2007

496

219

735

930

2674

5054

467

220

708

687

2214

4296

5183

3125

5685

10230

53803

78026

2000

20

29

27

Tinian 151

603

830

2001

30

20

20

121

224

415

2002

18

44

33

94

317

506

2003

17

34

24

48

308

431

2004

15

25

17

94

265

416

2005

3

23

23

41

225

315

2006

7

14

24

42

154

241

2007

5

7

20

62

319

413

2008 Saipan Total

4

21

32

54

173

284

119

217

220

707

2588

3851

2000

26

32

21

57

1850

1986

2001

7

17

10

102

974

1110

2002

15

15

15

32

605

682

2003

16

9

11

25

306

367

2004

10

9

18

47

364

448

2005

7

8

16

32

224

287

2006

10

5

18

39

104

176

2007

8

4

25

28

98

163

2008

14

7

36

20

71

148

113

106

170

382

4596

5367

2008 Tinian Total

Rota

Rota Total

27

2008 ANNUAL REPORT

Judiciary Statistics Table 6.

Superior Court Civil Cases Filed by Senatorial District 2000 – 2008 2000 2001 2002 2003 2004 440

373

417

Probate

56

40

32

Immigration

68

228

Saipan Total

564

Saipan 365

2005

2006

2007

2008

365

326

376

337

341

47

61

81

74

71

41

208

195

154

149

165

87

84

641

657

607

580

556

615

495

466

17

28

15

12

1

3

5

3

Probate

2

2

2

0

3

1

3

1

0

Immigration

1

0

1

5

0

1

1

0

2

Tinian Total

20

30

18

17

15

3

7

6

4

Other Civil

20

4

13

Rota 11

9

3

4

3

7

Probate

6

1

2

3

1

4

0

2

0

Immigration

0

2

0

2

0

0

6

3

7

26

7

15

16

10

7

10

8

14

Other Civil

Other Civil

Rota Total

Tinian 12

Table 7.

Superior Court Criminal Cases Filed by Senatorial District 2000 – 2008 2000 2001 2002 2003 2004

2005

2006

2007

2008

Saipan Felony

198

171

182

165

163

172

114

135

118

Misdemeanor

319

277

178

205

210

191

141

84

102

Total

517

448

360

370

373

363

255

219

220

Felony

16

8

20

Tinian 16

17

9

9

4

13

Misdemeanor

13

12

24

18

8

14

5

3

8

Total

29

20

44

34

25

23

14

7

21

Felony

10

4

9

Rota 3

3

4

2

4

6

Misdemeanor

22

13

6

6

6

4

3

0

1

Total

32

17

15

9

9

8

5

4

7

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 8.

Superior Court Cases Disposed 2000 – 2008 Civil

Year

Criminal

Family Court

Small Claims

Traffic

Total

2000

249

260

497

706

9960

2001

488

529

487

1467

8980

11951

2002

500

169

712

900

8200

10481

2003 2004 2005 2006 2007 2008

416 483 429 496 446 473 3980

334 367 459 290 203 349 2960

495 534 623 654 654 707 5363

962 949 921 693 698 1834 9130

5695 7141 5199 5174 2743 2365 55457

7902 9474 7631 7307 4744 5728 76890

TOTAL

11672

Table 9.

Superior Court Disposed Case Type 2000 – 2008 Total Filed

Total Disposed

Total Pending

Civil

5415

3980

1435

Criminal

3448

2960

488

FCD

6075

5363

712

Sm. Claims

11319

9130

2189

Traffic

60987

55457

5530

Total

87244

76890

10354

Case Type

29

2008 ANNUAL REPORT

Judiciary Statistics Table 10.

Superior Court Civil Cases Disposed and Pending 2000 - 2008 2001 2002 2000 CIVIL Fil D P D P D P ed

D

2003 P

2004 P

D

D

2005 P

2006 P

D

D

2007 P

D

2008 P

SAIPAN

564

231

333

153

180

42

138

19

119

10

109

9

100

6

94

1

93

3

90

TINIAN

20

9

11

9

2

0

2

0

2

0

2

2

0

0

0

0

0

0

0

ROTA

26

9

17

14

3

0

3

0

3

0

3

0

3

2

1

0

1

0

1

Total

610

249

361

176

185

42

143

19

124

10

114

11

103

8

95

1

94

3

91

D

2008 P

Superior Court Civil Cases Disposed and Pending 2001 - 2008 2002 2003 2001 CIVIL File D P D P D P d SAIPAN 641 293 348 143 205 30 175

TINIAN ROTA Total

D

2004 P

2005 P

D

D

2006 P

2007 P

D

33

142

15

127

8

119

5

114

6

108

30

18

12

6

6

3

3

1

2

2

0

0

0

0

0

0

0

7

1

6

1

5

0

5

0

5

0

5

0

5

0

5

1

4

678

312

366

150

216

33

183

34

149

17

132

8

124

5

119

7

112

Superior Court Civil Cases Disposed and Pending 2003 - 2008 2004 2003 CIVIL File D P D P d

2005 P

D

D

2006 P

D

2007 P

2008 P

D

SAIPAN

607

215

392

181

211

35

176

32

144

12

132

14

118

TINIAN

17

7

10

2

8

0

8

2

6

1

5

2

3

ROTA

16

7

9

4

5

1

4

0

4

0

4

0

4

Total

640

229

411

187

224

36

188

34

154

13

141

16

125

Superior Court Civil Cases Disposed and Pending 2004 - 2008 2005 2004 CIVIL Filed D P D P

D

2006 P

D

2007 P

D

2008 P

SAIPAN

580

190

390

135

255

50

205

24

181

43

138

TINIAN

15

8

7

3

4

0

4

0

4

0

4

10 605

3 201

7 404

3 141

4 263

0 50

4 213

1 25

3 188

1 44

2 144

ROTA Total

Superior Court Civil Cases Disposed and Pending 2005 - 2008 2006 2005 CIVIL Filed Disposed Pending Disposed Pending SAIPAN 556 168 388 168 220 TINIAN 3 1 2 0 2 ROTA 7 2 5 1 4 Total 566 171 395 169 226

2007 Disposed Pending 37 183 1 1 2 2 40 186

2008 Disposed Pending 19 164 0 1 1 1 20 166

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Superior Court Civil Cases Disposed and Pending 2006 - 2008 2006 CIVIL

Filed

Disposed

2007

Pending

Disposed

2008 Pending

Disposed

Pending

SAIPAN

615

234

381

153

228

44

184

TINIAN

7

3

4

1

3

0

3

ROTA

10

3

7

2

5

2

3

Total

632

240

392

156

236

46

190

Superior Court Civil Cases Disposed and Pending 2007 - 2008 2007 CIVIL Filed Disposed Pending SAIPAN 496 196 300 TINIAN 5 1 4 ROTA 8 7 1 Total 509 204 305

2008 Pending

Disposed 118 3 0 121

182 1 1 184

Superior Court Civil Cases Disposed and Pending 2008 CIVIL SAIPAN TINIAN ROTA Total

Filed

Disposed 171 3 3 177

466 5 14 485

2008 Pending 295 2 11 308

Table 11.

Superior Court Criminal Cases Disposed and Pending 2000 - 2008 2000 CRIMINAL

Filed

D

2001 P

D

2002 P

D

2003

P

D

2004

P

D

2005

P

D

2007

2006

P

D

P

D

2008

P

D

P

SAIPAN

517

237

280

191

89

34

55

3

52

7

45

0

45

0

45

0

45

0

45

TINIAN

29

11

18

8

10

2

8

0

8

1

7

0

7

0

7

0

7

0

7

ROTA

32

12

20

14

6

3

3

0

3

0

3

1

2

0

2

0

2

0

2

578

260

318

213

105

39

66

3

63

8

55

1

54

0

54

0

54

0

54

Total

Superior Court Criminal Cases Disposed and Pending 2001 - 2008 CRIMINAL

Filed

2001 D

P

D

2002 P

D

2003 P

D

2004 P

D

2005 P

D

2006 P

D

2007 P

D

2008 P

SAIPAN

448

304

144

0

144

0

144

0

144

0

144

0

144

0

144

98

46

TINIAN

20

7

13

0

13

0

13

0

13

0

13

0

13

0

13

10

3

ROTA

17

5

12

6

6

0

6

0

6

0

6

0

6

0

6

0

6

Total

485

316

169

6

163

0

163

0

163

0

163

0

163

0

163

108

55

31

2008 ANNUAL REPORT

Judiciary Statistics Superior Court Criminal Cases Disposed and Pending 2002 - 2008 CRIMINAL

2002 D

Filed

2003 P

D

P

D

2004 P

2005 P

D

2006 P

D

2007 P

D

2008 D

P

SAIPAN

360

101

259

166

93

36

57

27

30

3

27

0

27

8

19

TINIAN

44

19

25

16

9

3

6

2

4

1

3

0

3

0

3

ROTA

15

4

11

11

0

0

0

0

0

0

0

0

0

0

0

Total

419

124

295

193

102

39

63

29

34

4

30

0

30

8

22

D

2008 P

Superior Court Criminal Cases Disposed and Pending 2003 - 2008 CRIMINAL

2003 D

Filed

P

2004 P

D

D

2005 P

D

2006 P

D

2007 P

SAIPAN

370

129

241

155

86

56

30

4

26

0

26

2

24

TINIAN

34

7

27

12

15

5

10

0

10

0

10

4

6

9

2

7

3

4

2

2

2

0

0

0

0

0

413

138

275

170

105

63

42

6

36

0

36

6

30

ROTA Total

Superior Court Criminal Cases Disposed and Pending 2004 - 2008 2004 CRIMINAL SAIPAN TINIAN ROTA Total

Filed

D

373 25 9 407

P 144 4 2 150

2005 P

D 229 21 7 257

165 13 2 180

2006 P

D 64 8 5 77

28 2 1 31

D 36 6 4 46

Superior Court Criminal Cases Disposed and Pending 2005 - 2008 2005 2006 CRIMINAL Filed Disposed Pending Disposed Pending

2007 P 4 0 0 4

Disposed

2008 P

D 32 6 4 42

2007 Pending

13 3 3 19

Disposed

19 3 1 23

2008 Pending

SAIPAN

363

170

193

129

64

17

47

4

43

TINIAN

23

15

8

6

2

1

1

0

1

8 394

1 186

7 208

4 139

3 69

1 19

2 50

2 6

0 44

ROTA Total

Superior Court Criminal Cases Disposed and Pending 2006 - 2008 2006 CRIMINAL Filed Disposed Pending SAIPAN 255 103 152 TINIAN 14 5 9 ROTA 5 2 3 Total 274 110 164 Superior Court Criminal Cases Disposed and Pending 2007 - 2008 2007 CRIMINAL Filed Disposed Pending SAIPAN 219 61 TINIAN 7 4 ROTA 4 0 Total 230 65

2007 Disposed

2008 Pending

105 8 2 115

Disposed 47 1 1 49

Pending 14 0 0 14

33 1 1 35

2008 Disposed 158 3 4 165

Pending 111 3 3 117

47 0 1 48

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Superior Court Criminal Cases Disposed and Pending 2008 2008 CRIMINAL

Filed

Disposed

Pending

SAIPAN

217

62

155

TINIAN

22

7

15

ROTA Total

9

2

7

248

71

177

Table 12.

Superior Court Traffic Cases Disposed and Pending 2000 - 2008 2000 2001 2002 TRAFFIC

Filed

D

P

D

P

D

2003

P

2004

D

P

2006

2005

D

P

D

P

D

2007

P

D

2008

P

D

P

SAIPAN

9782

7573

2209

718

1491

217

1274

82

1192

79

1113

31

1082

26

1056

13

1043

100

943

TINIAN

603

603

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1850

1784

66

30

36

1

35

0

35

0

35

0

35

0

35

0

35

0

35

12235

9960

2275

748

1527

218

1309

82

1227

79

1148

31

1117

26

1091

13

1078

100

978

ROTA

Total

Superior Court Traffic Cases Disposed and Pending 2001 - 2008 2001 2002 2003 TRAFFIC Filed D P D P D P

D

2004 P

D

2005 P

D

2006 P

D

2007 P

2008 P

D

SAIPAN

9122

7063

2059

973

1086

88

998

73

925

32

893

22

871

19

852

85

767

TINIAN

224

219

5

5

0

0

0

0

0

0

0

0

0

0

0

0

0

ROTA

974

950

24

7

17

0

17

0

17

0

17

0

17

0

17

0

17

10320

8232

2088

985

1103

88

1015

73

942

32

910

22

888

19

869

85

784

Total

Superior Court Traffic Cases Disposed and Pending 2002 - 2008 2002 2003 TRAFFIC Filed D P D P D

2004 P

2005 P

D

2007

2006 P

D

D

P

D

2008 P

SAIPAN

7469

6104

1365

601

764

105

659

59

600

34

566

11

555

2

553

TINIAN

317

301

16

16

0

0

0

0

0

0

0

0

0

0

0

ROTA

605

592

13

2

11

0

11

0

11

0

11

0

11

0

11

8391

6997

1394

619

775

105

670

59

611

34

577

11

566

2

564

Total

33

2008 ANNUAL REPORT

Judiciary Statistics Superior Court Traffic Cases Disposed and Pending 2003 - 2008 2003 2004 TRAFFIC Filed D P D P D

2005 P

2006 P

D

2007 P

D

2008 P

D

SAIPAN

5528

4321

1207

593

614

68

546

39

507

12

495

32

463

TINIAN

308

282

26

26

0

0

0

0

0

0

0

0

0

ROTA

306

303

3

2

1

1

0

0

0

0

0

0

0

Total

6142

4906

1236

621

615

69

546

39

507

12

495

32

463

Superior Court Traffic Cases Disposed and Pending 2004 - 2008 2004 2005 TRAFFIC Filed D P D P

2006 P

D

2007 P

D

2008 P

D

SAIPAN

6915

5674

1241

418

823

91

732

45

687

22

665

TINIAN

265

229

36

11

25

1

24

7

17

13

4

ROTA

364

360

4

4

0

0

0

0

0

0

0

Total

7544

6263

1281

433

848

92

756

52

704

35

669

D

2008 P

Superior Court Traffic Cases Disposed and Pending 2005 - 2008 2005 TRAFFIC Filed D P D

2006 P

2007 P

D

SAIPAN

4958

4160

798

488

310

59

251

140

111

TINIAN

225

207

18

15

3

0

3

3

0

224 5407

208 4575

16 832

7 510

9 322

4 63

5 259

0 143

5 116

Disposed

2008 Pending

ROTA Total

Superior Court Traffic Cases Disposed and Pending 2006 - 2008 2006 TRAFFIC Filed Disposed Pending

Disposed

2007 Pending

SAIPAN

5141

4206

935

364

571

94

477

TINIAN

154

150

4

1

3

3

0

104 5399

95 4451

9 948

3 368

6 580

0 97

6 483

ROTA Total

Superior Court Traffic Cases Disposed and Pending 2007 - 2008 2007 TRAFFIC Filed Disposed

Pending

Disposed

2008 Pending

SAIPAN

2674

1834

840

336

504

TINIAN

319

280

39

29

10

98 3091

91 2205

7 886

0 365

7 521

ROTA Total

Superior Court Traffic Cases Disposed and Pending 2008 2008 TRAFFIC SAIPAN TINIAN ROTA Total

Filed

Disposed 2214 173 71 2458

Pending 1268 173 65 1506

946 0 6 952

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 13.

Superior Court Small Claims Cases Disposed and Pending 2000 - 2008 2000

2001

Small Claims

File d

SAIPAN

1335

587

748

345

403

131

TINIAN

151

89

62

10

52

57

30

27

5

1543

706

837

360

ROTA Total

D

P

D

2002

P

D

2003

P

2004 D

2005

P

D

2006 D

P

272

28

244

4

240

3

237

1

236

1

235

61

0

52

0

52

0

52

0

52

0

52

0

52

0

22

4

18

1

17

0

17

1

16

0

16

0

16

9

477

135

342

29

313

4

309

4

305

1

304

1

303

70

2005 P

D

P

2006 P

D

D

2008

D

Superior Court Small Claims Cases Disposed and Pending 2001 - 2008 2001 2002 2003 2004 Small File D P D P D P D P Claims d

P

2007

D

P

D

2007 P

D

2008 P

SAIPAN

143 3

975

458

44

414

14

400

0

400

0

400

0

400

0

400

309

91

TINIAN

121

78

43

3

40

6

34

0

34

0

34

2

32

0

32

10

22

ROTA

102

54

48

1

47

2

45

0

45

2

43

0

43

0

43

9

34

165 6

110 7

549

48

501

22

479

0

479

2

477

2

475

0

475

328

147

D

2006 P

Superior Court Small Claims Cases Disposed and Pending 2002 - 2008 2002 2003 2004 Small Filed D P D P D P Claims

D

2005 P

D

2007 P

2008 P

D

SAIPAN

1448

650

798

290

508

30

478

15

463

4

459

7

452

78

374

TINIAN

94

59

35

13

22

2

20

0

20

0

20

0

20

13

7

ROTA

32

8

24

10

14

1

13

3

10

0

10

0

10

10

0

1574

717

857

313

544

33

511

18

493

4

489

7

482

101

381

Total

Superior Court Small Claims Cases Disposed and Pending 2003 - 2008 2003 2004 Small Claims Filed D P D P D

2005 P

D

2006 P

D

2007 P

D

2008 P

SAIPAN

1154

565

589

253

336

40

296

0

296

0

296

124

172

TINIAN

48

21

27

11

16

3

13

1

12

0

12

7

5

ROTA

25

12

13

4

9

9

0

0

0

0

0

0

0

1227

598

629

268

361

52

309

1

308

0

308

131

177

Total

35

2008 ANNUAL REPORT

Judiciary Statistics Superior Court Small Claims Cases Disposed and Pending 2004 - 2008 2004 2005 Small Claims

Filed

D

P

D

2007

2006

P

D

P

D

2008

P

D

P

SAIPAN

1206

591

615

232

383

2

381

4

377

301

76

TINIAN

94

26

68

35

33

0

33

0

33

2

31

ROTA

47

27

20

9

11

0

11

0

11

1

10

1347

644

703

276

427

2

425

4

421

304

117

Total

Superior Court Small Claims Cases Disposed and Pending 2005 - 2008 2005 Small Claims SAIPAN TINIAN ROTA Total

Filed

D 935 41 32 1008

P

2006 P

D

517 24 28 569

418 17 4 439

2007 P

D

171 1 0 172

247 16 4 267

Superior Court Small Claims Cases Disposed and Pending 2006 - 2008 2006 Small Claims Filed Disposed Pending Disposed

19 0 0 19

2007 Pending

2008 P

D 228 16 4 248

184 0 0 184

44 16 4 64

Disposed

2008 Pending

SAIPAN

1102

489

613

243

370

331

39

TINIAN

42

14

28

9

19

19

0

39 1183

8 511

31 672

2 254

29 418

29 379

0 39

ROTA Total

Superior Court Small Claims Cases Disposed and Pending 2007 - 2008 2007 Small Claims Filed Disposed Pending SAIPAN TINIAN ROTA Total

930 62 28 1020

367 35 11 413

Disposed 563 27 17 607

2008 Pending 54 2 2 58

509 25 15 549

Superior Court Small Claims Cases Disposed and Pending 2008 2008 Small Claims

Filed

Disposed

Pending

SAIPAN

687

269

418

TINIAN

54

10

44

20 761

0 279

20 482

ROTA Total

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 14.

Superior Court Family Court Cases Disposed and Pending 2005 - 2003 2000 2001 FCD

2002

2003

Filed

Disposed

Pending

Disposed

Pending

Disposed

Pending

Disposed

SAIPAN

575

459

116

100

16

16

0

0

TINIAN

27

24

3

3

0

0

0

0

ROTA

21

14

7

7

0

0

0

0

Total

623

497

126

110

16

16

0

0

Superior Court Family Court Cases Disposed and Pending 2001 - 2005 2001 FCD SAIPAN

Filed 568

TINIAN

20

2002

D

P

D

2003

P

D

2004

P

D

2005

P

D

P

358

210

200

10

10

0

0

0

0

0

13

7

5

2

0

2

0

2

2

0

ROTA

10

6

4

0

4

0

4

4

0

0

0

Total

598

377

221

205

16

10

6

4

2

2

0

Superior Court Family Court Cases Disposed and Pending 2002 - 2008 2002 2003 2004 FCD Filed D P D P D P

2005 P

D

2006 P

D

2007 P

D

2008 P

D

SAIPAN

626

457

169

134

35

19

16

10

6

4

2

2

0

0

0

TINIAN

33

24

9

5

4

4

0

0

0

0

0

0

0

0

0

ROTA

15

10

5

0

5

0

5

0

5

0

5

0

5

0

5

Total

674

491

183

139

44

23

21

10

11

4

7

2

5

0

5

Superior Court Family Court Cases Disposed and Pending 2003 - 2008 2003 2004 FCD Filed D P D P SAIPAN 514 321 193 119 74

2005 P

D

2006 P

D

2007 P

D

2008 P

D

63

11

3

8

1

7

0

7

TINIAN

24

18

6

6

0

0

0

0

0

0

0

0

0

ROTA

11

7

4

4

0

0

0

0

0

0

0

0

0

Total

549

346

203

129

74

63

11

3

8

1

7

0

7

Superior Court Family Court Cases Disposed and Pending 2004 - 2008 2007 P

2004 D

SAIPAN

577

360

217

140

77

13

64

3

61

8

53

TINIAN

17

9

8

3

5

0

5

0

5

0

5

P

2005 P

2006 P

Filed

FCD

D

D

D

2008 P

D

ROTA

18

9

9

9

0

0

0

0

0

0

0

Total

612

378

234

152

82

13

69

3

66

8

58

37

2008 ANNUAL REPORT

Judiciary Statistics Superior Court Family Court Cases Disposed and Pending 2005 - 2008 2006 2005 FCD Filed Disposed Pending Disposed Pending

Disposed

2007 Pending

Disposed

2008 Pending

SAIPAN

662

365

297

157

140

18

122

60

62

TINIAN

23

19

4

2

2

0

2

0

2

ROTA

16

12

4

3

1

0

1

0

1

Total

701

396

305

162

143

18

125

60

65

Superior Court Family Court Cases Disposed and Pending 2006 - 2008 2006 FCD Filed Disposed Pending Disposed

2007 Pending

Disposed

2008 Pending

SAIPAN

720

446

274

134

140

26

114

TINIAN ROTA

24 18

15 11

9 7

3 4

6 3

4 0

2 3

TOTAL

762

472

290

141

149

30

119

Superior Court Family Court Cases Disposed and Pending 2007 - 2008 2007 FCD Filed Disposed Pending

2008 Pending

Disposed

SAIPAN

735

464

271

103

168

TINIAN

20

11

9

6

3

ROTA

25

14

11

1

10

TOTAL

780

489

291

110

181

Superior Court Family Court Cases Disposed and Pending 2008 2008 Disposed

FCD

Filed

SAIPAN

711

465

246

TINIAN

33

14

19

ROTA

32

20

12

TOTAL

776

499

277

Pending

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 15.

Superior Court Traffic Fines: Fees, Payment, & Collectibles 2008 Island

2008 Filings

Payable in Court Disposition 149

Paid

Pending

2214

Non Payable Misdemeanor 96

Saipan

1023

946

Tinian

173

0

0

166

7

Rota

71

6

54

11

0

Total

2458

102

203

1200

953

Table 16.

Family Court Division Breakdown of Case Type:

Case Type

Saipan

Rota

Tinian

Total

Adoption

95

5

2

102

Alimony

0

0

0

0

Annulment

3

0

0

3

Change of Name

22

1

0

23

Civil Commitment

2

0

0

2

227

9

8

244

0

0

0

0

Family Protection Act

147

7

6

159

Guardianship

76

3

4

83

Paternity

50

7

7

65

Pet. To Correct Birth Certificate

1

0

0

1

URESA

25

1

0

26

Wardship

25

0

0

25

Juvenile

36

0

7

43

Total

709

33

34

776

Divorce Emancipation

39

2008 ANNUAL REPORT

Judiciary Statistics Table 17.

Superior Court Published Opinions by Judge 2008 PJ Naraja AJ Wiseman Case Type

AJ Manglona

AJ Govendo

AJ Inos

AJ Lizama

Civil

0

34

5

2

0

0

Criminal

0

9

4

0

0

0

Traffic

0

2

0

0

0

0

Total

0

45

9

2

0

0

Table 18.

Superior Court Cases Under Advisement by Judge Ending 2007 Under Advisement Judge Presiding Judge Naraja

2

2008 Under Advisement 21

Disposed 2008 14

Pending 2008

Associate Judge Lizama Associate Judge Wiseman

2 24

5 34

5 49

2 9

Associate Judge Manglona Associate Judge Govendo Associate Judge Inos TOTAL

2 0 0 30

9 5 9 83

7 0 0 75

4 5 9 38

9

Table 19.

Superior Court Pending and Disposition of Jury Trial Cases 2008 Case Type Tried Dismissed Change of Island Plea

Bench Trial

Settled

Pending

Total

Saipan

Civil

2

0

0

0

1

7

10

Saipan

Criminal

4

7

14

3

0

10

38

Rota Rota

Civil Criminal

0 1

0 1

0 0

0 0

0 0

2 1

2 3

7

8

14

3

1

20

53

Total

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Chart 2.

Table 20.

Superior Court Appointment of Counsel 2008 Criminal Traffic Juvenile

Paternity, URESA, Wardship, Divorce, Guardian, Ad litem

Civil ment

Commit-

Total

JAN.

6

0

0

6

0

12

FEB.

4

0

3

4

0

11

MAR.

7

0

3

4

0

14

APR.

12

0

1

7

0

20

MAY

8

0

1

2

0

11

JUNE

7

1

2

1

1

12

JULY

4

1

3

8

0

16

AUG

10

0

0

1

0

11

SEPT

8

0

1

3

0

12

OCT

10

0

1

2

0

13

NOV.

6

0

0

3

0

9

DEC.

10

0

1

0

0

11

TOTAL

92

2

16

41

1

152

41

2008 ANNUAL REPORT

Judiciary Statistics Table 21.

Superior Court Appointed Counsel Case Type 2008 Criminal Cases

Traffic Cases

Juvenile Cases

Family Court Cases

Total

Saipan

84

2

14

30

130

Tinian

6

0

2

10

18

Rota

2

0

0

2

4

Total

92

2

16

42

152

Table 22.

Superior Court Professional Fee Expense 2008 Interpreter/Translator Appointed Counsel

Jury

Pro Tem Judge

Special Prosecutor

$30,963.28

$4,530.00

$3,407.63

$561.66

$2,002.95

Table 23.

Superior Court Cases on Appeal Activity Report 2008

Appeal Activity

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Cases Awaiting Certification (Beginning the Month)

18

18

22

24

27

29

32

33

32

33

35

35

Cases Appealed (During the Month)

2

4

1

3

2

4

3

0

2

2

2

1

Cases Certified (During the Month)

1

0

1

0

0

1

2

1

1

0

2

2

Cases Dismissed (During the Month)

1

0

0

0

0

0

0

0

0

0

0

0

Cases Pending (During the Month)

18

22

24

27

29

32

33

32

33

35

35

34

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 24.

Superior Court Customer Service Counter Statistics 2008 Criminal Clearance

Traffic Clearance

Traffic History

Others

Total

Saipan

22312

9196

688

377

32573

Tinian

1589

474

3

35

2101

Rota

947

427

0

0

1374

Total

24848

10097

691

412

36048

Table 25.

Superior Court Activity Report on Judge Pro Tempore 2008 Date Case Number 9/25/08

04-0449A

Caption

Judge Pro Tempore

Bank of Saipan, Inc. vs. Randall T. Fennell, et.al.

Arthur R. Barcinas

Table 26.

Superior Court Order of Recusal and Case Reassignments by Judge 2008 Presiding Judge Naraja Order of Recusal

Associate Judge Lizama 8

0

Associate Judge Wiseman

Associate Judge Manglona

10

Associate Judge Govendo

Associate Judge Inos

Total

16

15

21

70

2008 Case Reassignments 154

0

67

64

154

0

439

Criminal

36

0

37

28

29

1

131

Family Court

12

1

4

30

0

1

48

0

0

0

0

10

751

761

16

0

574

1566

58

0

2214

218

1

682

1688

251

753

3593

Civil

Small Claims Traffic Total

43

2008 ANNUAL REPORT

Judiciary Statistics Table 27.

Superior Court Assignment of Cases 2008 Presiding Associate Judge Judge Naraja Lizama 125 34 Civil - Saipan 0 0 Civil - Tinian 0 6 Civil - Rota 125 40 Civil Total

Associate Judge Wiseman

Associate Judge Manglona

Associate Judge Govendo

214 0 0 214

54 3 0 57

26 0 7 33

Associate Judge Inos 16 0 0 16

Total

469 3 13 485

Criminal - Saipan

52

14

50

42

49

11

218

Criminal - Tinian

0

0

22

0

0

0

22

8 60

0 14

0 72

0 42

0 49

0 11

8 248

Small Claims - Saipan

0

0

0

560

0

135

695

Small Claims - Tinian

0

0

0

56

0

0

56

Small Claims - Rota

0

0

0

0

10

0

10

Small Claims Total

0

0

0

616

10

135

761

Traffic - Saipan - Non Payable Traffic - Tinian - Non Payable Traffic - Rota - Non Payable Traffic Non Payable Total

5

44

66

99

21

0

235

0

0

9

0

0

0

9

6

0

0

0

0

0

6

11

44

75

99

21

0

250

0

0

0

1979

0

0

1979

0

0

164

0

0

0

164

65

0

0

0

0

0

65

65

0

164

1979

0

0

2208

Family Court - Saipan

15

0

4

8

642

4

673

Family Court - Tinian

0

0

0

27

0

0

27

Family Court - Rota

0

0

0

0

33

0

33

Family Court Total

15

0

4

35

675

4

733

Juvenile - Family Court - Saipan

36

0

0

0

0

0

36

Juvenile Family Court - Tinian

0

0

7

0

0

0

7

Juvenile - Family Court - Rota

0

0

0

0

0

0

0

36

0

7

0

0

0

43

Criminal - Rota Criminal Total

Traffic - Saipan Payable Traffic - Tinian Payable Traffic - Rota - Payable Traffic Payable Total

Juvenile Total

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Chart 3.

Table 28.

Family Court Division Case Filings by Senatorial District 2008 Case Type

Saipan

Rota

Tinian

Total

Adoption

95

5

2

102

Alimony

0

0

0

0

Annulment Change of Name Civil Commitment Divorce Emancipation Family Protection Act Guardian Ad Litem

3

0

0

3

22

1

0

23

2

0

0

2

227

9

8

244

0

0

0

0

147

7

6

159

0

0

0

0

Guardianship

76

3

4

83

Paternity

50

7

7

83

1

0

0

1

UCCJA

0

0

0

0

URESA

25

1

0

26

Wardship

25

0

0

25

Juvenile

36

0

7

43

709

33

34

776

Petition To Correct Birth Certificate

Total

45

2008 ANNUAL REPORT

Judiciary Statistics Chart 4.

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics Table 29.

Family Court Division Cases Filed, Disposed, and Pending 2004 - 2008 2006 Case Type Filed

Disposed

2007 Filed

2008

Disposed

Filed

Disposed

Pending

2006

2007

2008

2007

2008

2008

2008

Adoption

93

58

14

3

96

57

30

102

73

29

Alimony

2

0

1

0

0

0

0

0

0

0

Annulment

4

1

2

0

2

2

1

3

1

2

27

22

5

0

29

21

8

23

18

5

7

6

1

0

4

4

0

2

2

0

Divorce Emancipation

233 0

133 0

69 0

5 0

223 0

108 0

68 0

244 0

158 0

86 0

Family Protection Act

172

166

6

0

198

194

4

159

155

4

Guardian Ad Litem

2

2

0

0

0

0

0

0

0

0

Guardianship

53

37

10

0

72

59

13

83

63

20

Paternity

54

10

21

1

56

19

10

65

15

50

2

2

0

0

0

0

0

1

1

0

0 27 18

0 3 13

0 6 2

0 1 0

1 29 21

1 1 18

0 4 0

0 26 25

0 2 14

0 24 11

68 762

19 472

19 156

12 22

49 780

5 489

22 160

43 776

15 517

28 259

Change of Name

Civil Commitment

Petition to Correct Birth Certificate

UCCJA URESA Wardship Juvenile Total

47

2008 ANNUAL REPORT

Judiciary Statistics Table 30.

CNMI Juvenile Case Filings 2003 - 2008 2003 Senatorial District

Filed

No. of Offenders

Offender(s) w/more than 1 Case

42

46

7

Rota

1

2

0

Tinian

0

0

0

43

48

7

Saipan

Total

2004 Senatorial District

Filed

No. of Offenders

Offender(s) w/more than 1 Case

41

57

10

Rota

0

0

0

Tinian

4

5

0

45

62

10

Saipan

Total

2005 Senatorial District

Filed

No. of Offenders

Offender(s) w/more than 1 Case

63

75

8

Rota

0

0

0

Tinian

6

12

4

69

87

12

Saipan

Total

2006 Senatorial District

Filed

No. of Offenders

Offender(s) w/more than 1 Case

63

93

23

Rota

0

0

0

Tinian

5

8

2

68

101

25

Saipan

Total

2007 Senatorial District

Filed

No. of Offenders

Offender(s) w/more than 1 Case

46

62

7

Rota

0

0

0

Tinian

3

4

1

49

66

8

Saipan

Total

2008 Senatorial District

Filed

No. of Offenders

Offender(s) w/more than 1 Case

36

30

7

Rota

0

0

0

Tinian

7

7

0

43

37

7

Saipan

Total

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Table 31.

Judiciary Statistics

Office of Adult Probation Statistics 2008 2006

2007

2008

143

217

253

2,327 202 5 261 468 2,790

2,647 142 11 300 453 3,100

2,710 140 10 118 268 2,978

33 13 14 1,225 20 1,305

33 12 13 967 20 1,045

30 9 10 1,122 40 1,211

0 18 1 2,253 29 2,301

0 17 24 1,922 24 1,987

0 10 10 1,131 37 1,188

30 58

89 80

47 176

CGC Counseling

63 (ordered 140)

90 (ordered 126)

CWS

76 (ordered 90)

INVESTIGATION, MONITORING & SUPERVISION Closed Cases for the year REFERRALS Carryover from Previous year Criminal Diversion Traffic Total New Referrals for the year Active Persons on Probation PRE-TRIAL SERVICE / INVESTIGATION REPORTS Indigent Assessment Pre-Post Sentence Investigation Restitution Assessment Review Hearings Report Revocation Report (filed at the AGO) Total Number of Reports COURT APPEARANCES Indigent Assessment Pre-Post Sentence Investigation Hearing Restitution Hearings Review Hearings Revocation Hearings Total Number of Appearances in Court BENCH WARRANTS Bench Warrant Issued Pending Bench Warrant ALTERNATIVE SENTENCE / PREVENTION & REFERRALS

Probation Orientation Crime Prevention Common Sense Parenting Class

314 39 12

138 (ordered 150) 135 (ordered 103) 215 34 0

ISP Total Referrals

153 645

278 800

105 529

3 2

6 1 2

8 1 2

5

9

11

$42,185.00 $16,132.95 $37,679.00 $2,560.00 $98,661.95

$40,016.50 $17,473.18 $37,432.50 $17,383.50 $109,494.65

$113,659.25 $18,594.18 $31,248.75 $11,640.00 $175,142.18

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

126 (ordered 138) 188 20

FINANCIAL COLLECTIONS Fines Restitution Probation Fees Court Fees Total Collection

49

2008 ANNUAL REPORT

Judiciary Statistics Table 32.

Marshal Service Unit Orders and Processes Served 2008 Department of Public Safety

Department of Corrections

Individual Service

January

26

53

0

February

68

58

0

March April May June July August September

36 21 30 41 33 75 45

64 99 37 79 47 13 50

2 0 3 2 7 3 0

October

12

60

1

November

47

35

2

December

20

38

0

Total

454

633

18

Table 33.

Marshal Service Unit Bench Warrant Detainment and Processing 2008 Criminal Traffic

Civil

Family Court

Total

January

2

1

0

0

3

February

1

1

0

0

2

March

0

0

2

1

3

April

3

0

0

1

4

May June

2 3

0 1

0 1

0 0

2 5

July

0

0

0

0

0

August

1

3

1

0

5

September

2

2

0

1

5

October

3

2

2

0

7

November

0

2

0

0

2

December

0

1

0

2

3

17

13

6

5

41

Total

http://www.justice.gov.mp

THE JUDICIARY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Judiciary Statistics

51