NMI JUDICIARY 2018 ANNUAL REPORT

JUDICIA RY 2018 ANNUAL REPORT Rot a - Agu igan - Tin ian - Saipan - Far allon de M edin illa - An at ah an - Sar igan - Gu gu an - Alam agan - Pagan - Agr ih an - Asu n cion - M au g - Far allon de Pajar os

3 Post Typhoon Clean-Up

47 $7M Guma' Hustisia M old Remediation Planning

50 Professional Development Training

1

5

TABLE OF CONTENTS

Message from the Chief Justice

SUPREME COURT 7 Meet the Justices 8 Clerk of the Supreme Court 13 14 16 19 21 23

27 29 31 34 37 38 39

HIGHLIGHTS

SUPERIOR COURT Meet the Judges Clerk of the Superior Court Commonwealth Recorder's Office Family Court Division Office of Adult Probation Drug Court Division JUDICIARY ADMINISTRATIVE OFFICE Director of Courts Accounting Service Unit Marshal Service Division Human Resource Office Information Systems Unit Building Maintenance Grants Administration

MOLD

WM Engineering Services, LLC conduct s a m old assessm ent m eet ing in January 2018.

42 LAW REVISION COMMISSION 44 52 54

Judiciary Events Employee Spotlight Appendix

The aerial eye view of the Guma' Hustisia on the cover page w as taken after a direct hit from Super Typhoon Yutu on October 24 and 25, 2018.

Photo Credit: Soledad Camacho

EDITORIAL TEAM Co-Editors Magdiel Job A. Corpuz Martha B. Mendiola Gretchen A. Smith

Advisors Associate Justice, John A. Manglona Director of Courts, Sonia A. Camacho

HUMAN TRAFFICKING TRAINING Various com m unit y st akeholders from t he public and privat e sect or at t end t he Hum an Trafficking Training present ed

by Dr. John A. M art in.

SAA MEETINGWITHCOURT MANAGERS Special Assist ant for Adm inist rat ion, Shirley P. Cam acho-Ogum oro, m eet s w it h court m anagers t o discuss alt ernat e Judiciary sit es follow ing t he shut dow n of t he Gum a' Hust isia t o t he general public on M arch 16, 2018.

2018Annual Report | 2

#TEAMWORK On November 2, 2018, Judiciary staff teamed up w ith the Saipan M ayor' s Office and U.S. National Guard to clear out storm debris around the Guma' Hustisia. U.S. National Guard Private Linson M anahan and Private Greg M afnas provided logistical coordination.

Groups rotated throughout the day and collected various debris items such as foreign objects, green w aste, and obstructive materials.

The Judiciary thanks its community partners and volunteers for their unw avering support.

These partnerships are part of the ongoing recovery efforts after a direct hit by Super Typhoon Yutu on Saipan and Tinian on October 24, 2018.

2018Annual Report | 3

Rebuilding Together

2018Annual Report | 4

M ESSAGE FROM THE

CHIEF JUSTICE The year 2018 proved to be a tumultuous year for the NM I Judiciary.

The closure of the Guma?Hustisia and the devastation caused by Super Typhoon Yutu proved to be significant obstacles for the Judiciary and the entire community. Despite these challenges, the NM I Judiciary continues to provide services and aims to serve justice for the community at large.

The Judiciary ensures its staff provide efficient and comprehensive services by staying current w ith information technology. Courtroom clerks and judicial assistants from both the Superior and the Supreme Court attended a courtroom clerk?s training in Chuuk. While there, they learned essential skills including the difference betw een legal advice and legal information, and how to conduct oneself on social media. This, among many other topics, are vital to maintaining public trust and confidence in the judicial system.

Additionally, the NM I Supreme Court held oral arguments outside of the courtroom and inside the classroom at M arianas High School, M ount Carmel School, Northern M arianas College, and Saipan Southern High School. The Judiciary also joined in on the annual Youth Take Over Day w ith a number of judges and justices participating.

"...th e NM I Ju diciar y con tin u es to pr ovide ser vices an d aim s to ser ve ju stice for th e com m u n ity at l ar ge".

Ch ief Just ic e A l ex a ndr o C. Ca st r o

Part of the Judiciary' s efforts to recover and move forw ard included w orking w ith the executive and legislative branches to secure $7 million for the remediation and rehabilitation of the Guma? Hustisia. Judiciary officials and staff w ere instrumental in securing this funding and effectuating the various procurement and recovery documents.

Our resilience can and w ill w ithstand the difficulties of 2018. The Judiciary has overcome hurdles in years past and w ill continue to in the years to come.

We must alw ays face each day head on and keep the spirit of the CNM I alive.

The Judiciary also continued to strengthen its presence in its community outreach to the CNM I?s youth. The annual CNM I High School M ock Trial Competition and Junior High M ock Trial w as hosted by the Judiciary in partnership w ith various agencies and organizations.

2018Annual Report | 5

Article IV of the NM I Constitution and Title 1, Division 3, Chapter 1 of the Commonw ealth Code (1 CM C §§ 3101?3108) addresses jurisdiction, appellate and other pow ers and responsibilities of the Supreme Court, the highest court in the Northern M ariana Islands. Established by Article IV of the NM I Constitution and Public Law 6-25, the Court review s appealed decisions of the Superior Court. The Supreme Court is tasked w ith deciding issues of law on appeal.

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JUSTI CES

In September 2018, Associate Justice John A. M anglona, Chief Justice Alexandro C. Castro, and Associate Justice Perry B. Inos, held oral arguments at the Northern M arianas College as part of the Justices in the Classroom community outreach. After oral arguments, Justices interact w ith the students by answ ering questions on the functions of the appellate court and legal profession.

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SUPREM E COURT Cl erk of Cou rt The Justices, Clerk of Court, and judicial law clerks spend many hours researching in order to render fair and w ell-reasoned opinions.

Because the Supreme Court is only 29 years old, many of its cases are of first impression? presenting novel legal issues in this jurisdiction. As such, extensive research and consideration is required to properly develop new areas of jurisprudence.

In 2018, the Court hosted a number of appellate sessions at Northern M arianas College, M arianas High School, Saipan Southern High School, and M ount Carmel High School. The Justices also participated in Youth Takeover Day, taking place in late fall of 2018.

The Supreme Court continues to resolve appeals in a fair and timely matter. In 2018, the Court issued numerous opinions, orders, press releases. In doing so, the public remains informed of court decisions.

The Court is committed to fostering positive relationships w ith the public by hosting outreach and educational events. These include Justices and Judges in the Classroom, M ock Trial, and the Summer Pre-Law Program.

In December 2017, the Judiciary M ock Trial Academy hosted approximately 100 high school students throughout the CNM I to take part in an extensive trial w ork program.

Supreme Court Law Clerks w ith the Youth Take Over participants.

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Case Disposition: Three-Year Trend Case Disposition

2016

2017

2018

2016-18

Dismissed - Court

2

4

1

7

Dismissed - Voluntary

7

4

1

12

Petition Withdraw n

1

1

0

2

Opinions

20

20

18

58

TOTAL

30

29

20

79

The Justices held oral arguments at M ount Carmel School on September 2018.

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Case Filing Three-Year Trend CASE TYPE

2016 2017 2018

Criminal

12

13

7

Civil

11

15

8

Petitions

3

2

0

Pro Hac Vice

1

3

4

Certified Legal Intern

0

0

0

Disciplinary

0

0

0

25

21

6

Certified Question

0

3

1

Family

2

0

2

Traffic

2

0

0

TOTAL

56

57

28

Administrative

As part of its community outreach program, the Supreme Court court held its appellate session in Marianas High School on October 2018.

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Commonw ealth v. Bashar

2018 M P 1

M anglona

Commonw ealth v. Blas

2018 M P 2

M anglona, Inos, M araman

PB M anglona Family Trust v. Estate of M anglona

2018 M P 3

Torres, Barcinas, Bordallo

Torres v. M anibusan

2018 M P 4

Castro, M anglona, Inos

Commonw ealth v. Crisostomo

2018 M P 5

Castro, M anglona, Inos

In re Estate of Norberto E. Pangelinan

2018 M P 6

Castro, M anglona, Inos

M anibusan v. Larson

2018 M P 7

Castro, M anglona, Torres

In re the Commonw ealth of the NM I

2018 M P 8

M anglona, Carbullido, Bellas

Commonw ealth v. Calvo

2018 M P 9

Bellas, Wiseman, Camacho

In re Estate of M aria V. Pangelinan

2018 M P 10

Castro, M anglona, Inos

Commonw ealth v. Bashar

2018 M P 11

Castro, M anglona, Inos

Commonw ealth v. Taitano

2018 M P 12

Castro, M anglona, Inos

Commonw ealth v. Borja

2018 M P 13

Castro, M anglona, Inos

Commonw ealth v. Babauta

2018 M P 14

Castro, M anglona, Inos

Elameto v. Ramsey

2018 M P 15

Castro, M anglona, Inos

Commonw ealth v. M urphy

2018 M P 16

Castro, M anglona, Inos

Teregeyo v. San Nicolas

2018 M P 17

Castro, M anglona, Inos

Saltys Saipan Corp. v. Shakir

2018 M P 18

Castro, M anglona, Inos

OPINIONS 2018Annual Report |11

The Superior Court is established by Article IV of the NM I Constitution and has original jurisdiction over civil, criminal, and other specialized matters filed in the CNM I. The Clerk of the Superior Court, w ith offices in Rota, Tinian, and Saipan manages daily operations. The Judges, Clerk of Court, and judicial law clerks w ork diligently to review the numerous and varied filings.

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JUDGES

From left to right: Superior Court Associate Judge Wesley M . Bogdan, Associate Judge Kenneth L. Govendo, Presiding Judge Roberto C. Naraja, Associate Judge Joseph N. Camacho, and Associate Judge Teresa K. Kim-Tenorio.

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CASELOAD

SUPERI OR COURT Cl erk of Cou rt The Superior Court staff continues to w ork diligently, efficiently handling the Court?s caseload. In 2018, the Superior Court received numerous new case filings: 443 civil cases, 102 criminal cases, 458 family court cases, 19 juvenile cases, 248 small claims cases, and 4,228 traffic cases.

In total, the Superior Court handled 5,498 new case filings in 2018, averaging over 15 new cases per day.

New cases involve everything from court filings to motion hearings.

See Appendix for additional data.

Clerk of Superior Court Patrick V. Diaz discusses cases of human trafficking w ith Dr. M artin.

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The Office of the Clerk of the Superior Court continues to train and develop its staff. Three deputy clerks attended the Pacific Judicial Council Courtroom Clerk training from August 6-8, 2018 in Pohnpei. Clerks netw orked w ith judicial employees from the rest of the Pacific region and trained on social media ethics and the difference betw een legal advice and legal information.

The Judiciary?s Annual Professional Development w as also held in November 2018.

Staff w ith exemplary commitment and accomplishments w ere aw arded. Deputy Clerk I, Adeline Tereyama, w as aw arded Employee of the Year for the Office of the Clerk of Court, and Deputy Clerk III, Novelynn Wania-Tenorio, received the Presiding Judge Aw ard for 2018.

Deputy Clerks w ho attended the PJC?s training in Pohnpei also presented an overview of their learning and experience.

(Top - Dow n) Superior Court Clerk of Court staff during court sessions at the U.S. District Court for the NM I, 2018Anclean-up. nual Report |15 Professional Development Day, and

Com m on weal t h Record er' s Of f i ce The Commonw ealth Recorder' s Office (CRO) is established pursuant to 1 CM C § 3701. The office is under the general supervision of the Presiding Judge and tasked w ith maintaining, updating, and retaining copies of marriage certificates, official land registration, other real estate, commercial, personal property documents, and other critical documents.

The recorder also indexes the documents, allow ing ease of public access.

The Judiciary embarked on a large-scale map and document scanning project. The project allow s for digital preservation of important documents and maps that are easily accesible and dow nloadable.

This cuts costs, increases productivity, and ensures preservation.

Commonw ealth Recorder Luise S. Deleon Guerrero prepares to scan maps.

As the population increases and the economy expands, the services of the CRO are frequently used. The number of document filing requests is expected to rise in FY 2020 due to economic expansion. The office strives to improve its processes, fulfills mandated duties, and meet the public?s demands.

Land and property files in the Commonw ealth Recorder' s Office located in the Guma' Hustisia.

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Commonw ealth Recorder Luise S. Deleon Guerrero and Clerk of the Superior Court Patrick V. Diaz.

After the shutdow n of the air-condition system at the Guma' Hustisia, the Commonw ealth Recorder' s Office set up its temporary office in the RSAT Building.

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A UCC-I financing statement serves as a lien on secured collateral. It is required for business loans under the Uniform Commercial Code.

See Appendix for additional data.

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Fam i l y Cou rt Di vi si on The Family Court Division (FCD) is established by 1 CM C § 3205 and handles ?family legal matters including, but not limited to, adoption proceedings, child support, divorce, paternity, domestic violence, child abuse cases, delinquency cases, and temporary restraining orders against family members.?

The Family Court continues to help families seeking assistance. Over 4,000 (4,086) people requested assistance from the FCD in 2018.

The FCD assists the Clerk of the Superior Court in processing pleadings and distributing orders for pro se litigants w ho appear before the family court judge. In addition to its administrative duties, FCD offers client services to families and individuals, and provides information and guidance on pro se family cases.

During the early part of the recovery period, FCD staff helped the community by passing out relief goods at the San Antonio Youth Center.

Family Court Staff (Left to Right): Monica V. Manibusan, Joseph Kevin P. Villagomez, Delia Calvo, and Nikita M. Cabrera.

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In FY 2018, 477 cases w ere filed w ith the FCD. The FCD provides quick and efficient solutions to many public inquiries, including assistance w ith pro se filings.

In 2018, the FCD assisted 1,344 people w ith pro se needs, provided 743 orders or pleadings for pick-up, gave general information to 1,482 patrons, and extended 517 referrals to other services.

To assist w ith these processes, FCD w as aw arded a grant allow ing for the production of pamphlets providing information on the function of the family court division and information for w hat clients should expect in hearings.

Other litigation services provided by the Family Court include: -

Home Study Alternative Dispute Resolution DNA Paternity Supervision Separating Parents Classes

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Of f i ce of Ad u l t Prob at i on The Office of Adult Probation (OAP) w as established by 1 CM C § 3231. It has the authority to: The Office of Adult Probation staff during the 2018 Professional Development Day. T-L: Berliann P. Higgins, M atilde H. Bermudes-Rasa, Barbara K. Santos M aliuyaf, Weena Gw endolyn T. Iguel, Sophia C. Geisinger, M ichael B. Salas, B-L: Simram W. Simram, Juan R. Aguon, Nadia M ae B. M oses, Ursula I. Lifoifoi Aldan, Priscillia C. Camacho, Benjie Tyron G. Piteg.

1. Supervise Pretrial and Post Conviction clients w ho are placed on probation.

2. Conduct Presentence Investigations and provide court reports.

3. Provide offender assistance through programs and services.

4. Refer probation clients for treatment and counseling services.

5. Recover restitution for victims.

6. Serve and execute bench w arrants to those placed on probation.

7. Arrest and bring to court those placed on probation.

8. Conduct drug testing and home visits.

9. Create and file records on probation clients.

OAP Staff w ith the M arshal Service Division in the Guma' Hustisia atrium.

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The Office of Adult Probation continues to handle a high number of criminal and traffic cases.

At the start of 2018, OAP' s database, the Probation Tracking System, recorded 2,659 cases that w ere carried over from the previous year. A total of 215 new cases w ere referred to the office - 149 traffic and 66 criminal. Of the criminal cases, 27 w ere STOP VAWA, and all 149 traffic cases w ere Driving Under the Influence cases. As a substantial portion of the new criminal cases are STOP VAWA cases, the OAP continues to address incidents of domestic violence, sexual assault, and victim protection.

The OAP also executes numerous reports, appearances, and bench w arrants. Although understaffed and underfunded, the OAP delivers services for law enforcement, public safety, and rehabilitation needs. Despite its challenges, the office continues to prioritize recruitment, training, and numerous programs and services in 2019.

Insert video 2018Annual Report |22

D r u g Co u r t D i v i s i o n Established in 2015 by Public Law 19-14, the Drug Court is the CNM I?s first specialized, problem-solving court, incorporating drug and alcohol dependency treatment w ith intensive court supervision for eligible non-violent offenders. The development of a Drug Court is a response to the harmful effects of alcohol and methamphetamine abuse has in our community. The combined efforts of the Judiciary, Department of Public Safety, the Office of the Attorney General, the Office of the Public Defender, various community leaders, members of the legislature, the Community Guidance Center and the Executive Branch tackle these problems w ith evidence-based treatment programs. The Drug Court aims to enhance efficiency and sustainability, to increase public know ledge of treatment courts, and to strengthen internal and external relations. The Drug Court staff assists w ith day-to-day operations, w hile the Presiding Judge, assigned Judge, and M anager ensure the successful implementation of the program and other treatment programs. The staff also serve as liaison w ith other agencies and community programs, and performs data collection and analysis, grant w riting, resource development, and public outreach and information.

Drug Court conducts a presentation of its services at Kotten Tinian in M ay 2018.

National Drug Court Institute Trainers with Judges and Drug Court Manager.

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Drug Court received 79 referrals betw een 2016 and 2018. There are currently 37 active cases, 6 pending cases, 11 deemed unsuitable for the program, 3 terminated due to new charges, and 22 successful graduates. Upon completing entrance protocols, 37 active participants have been engaged in a comprehensive, holistic approach, w hich combines intensive judicial interaction, aggressive community supervision, frequent drug testing, case management, and substance and alcohol treatment services.

Drug Court maintains a strong partnership w ith the M arshal Service Division, Department of Public Safety, Department of Corrections, and other law enforcement agencies to ensure participants are engaged in a comprehensive accountability track.

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The Commonw ealth Judiciary Administrative Office oversees the administrative functions and operations of the courts in Saipan, Rota, and Tinian. Accordingly, this Office must be staffed to assist the Chief Justice and the Presiding Judge in their administrative responsibilities. This office is tasked w ith implementing the Judicial Council?s policies and strategic plans.

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JUDI CI ARY ADM I NI STRATI VE OFFI CE

Bench members and court managers attend the sw earing-in ceremony for Director of Courts Sonia A. Camacho and Chief M arshal Jason T. Tarkong in January 2018.

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DIRECTOR OF COURTS SONIA A. CAM ACHO Director Camacho w as sw orn in January 12, 2018. Camacho?s new role involves the supervision of personnel w ith the CNM I Judiciary Administrative Office.

She oversees the Judiciary?s policy development and planning, court performance monitoring, and assists w ith the implementation of the Judiciary?s strategic plan, Judicial Council initiatives, and justice programs. Camacho has been w ith the CNM I Judiciary for over 20 years, initially appointed in 1995 by then Presiding Judge Alexandro C. Castro to serve as judicial assistant to then Associate Judge Edw ard E. M anibusan. She has since served four chief justices and three presiding judges.

Prior to her recent appointment, Camacho w as the special assistant to the Presiding Judge and Deputy Director of Courts, and assisting the Chief Justice as acting Director of Courts. She has served on various management teams, supervised chamber assignments, facilitated court programs and projects, overseen transitional and budgetary initiatives, and assisted w ith the development of case management strategies.

Director Camacho addresses the Judiciary staff on the Guma' Hustisia' closure after the breakdow n of the air-conditioning system in M arch 2018.

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Lan gu age Access Pol i cy an d Pl an The Judiciary' s Language Access Policy and Plan (LAPP) enhances judicial services for the public.

Patrons may avail of language assistance services in English, Chamorro, Carolinian, Tagalog, Korean, M andarin/Cantonese, Japanese, Russian, Yapese, Ponapean, Palauan, Chuukese, Kosraen, and M arshallese. For additional information, please contact (670) 236-9700, approach the nearest service counter, or email inquiries to lep.coordinator@justice.gov.mp.

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A ccou n t i n g Se r v i c e s U n i t The ASU' s functions include: providing cashiering services for all Judiciary fees and fines, DPS-BM V fees and fines, and other governmental agency' s fees; operating a collection and disbursement system for fiduciary accounts (child support, bail, restitution, probate funds, civil jury funds, and other third party funds per court orders); providing data entry processing for traffic and criminal assessments; processing certification of funds for Judiciary purchases; processing and issuing payments to vendors; maintaining files and bookkeeping records for all transactions; tracking Judiciary fund status for three accounts; and issuing activity reports to the Secretary of Finance, the Director of Courts, and Associate Justice John A. M anglona.

The FY 2019 Budget Judicial amounting to $15,430,682.00.

Branch

Request Insert video 2018Annual Report |29

Budget and Finance Director John T. Villagomez speaks at a General Assembly in M ay 2018.

The ASU also assists the Clerk of the Superior Court in reconciling orders for the status of payments to court-appointed counsel, experts, and members of the jury, and the Chief Probation Officer in reconciling restitution amounts and probationer payee information.

The Unit is comprised of four staff members: Budget and Finance Director John T. Villagomez, Accountant II Evelyn P. Calvo, Accountant I Jason Kelley, and Accountant I Catherine C. Licop-M endoza.

Court payments are being received at temporary service windows at the Guma' Hustisia.

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M ar sh al s Se r v i c e D i v i s i o n The M arshals Service Division (M SD) is established pursuant to 1 CM C § 3901. By law , the M SD must undergo firearms training and other periodic certification to the same extent as the Department of Public Safety.

The marshals are deemed law enforcement officers w ith authority equivalent to that of police officers. They are tasked w ith ensuring public safety in the three courthouses. Some of their duties include: - performing general court security; - providing security services to judiciary personnel, participants in court proceedings, and the general public visiting the judicial facilities; - providing security for justices and judges outside of judiciary grounds and w hile on official business; - serving various forms of process; - and assisting in transporting prisoners.

The Marshal Service Division staff at the Guma' Hustisia atrium.

MSD training with the Department of Fire and Emergency Services in July 2018.

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On January 8, 2018, Jason Tarkong w as sw orn in as the new Chief M arshal. His appointment spearheaded the improvement of the division?s organization. Since Chief Tarkong?s sw earing in, the division has emphasized physical fitness, firearm safety, and professionalism.

In 2018, the M arshals Service Division continued to execute its priorities of improving court security and bench protection. The division facilitated 58,033 courthouse entries, confiscated 338 prohibited items, brought 592 detainees to the courthouse, executed 570 bench w arrants, and served 226 jury summonses. Additional training and revisions of internal operating procedures are needed to further improve the services of the M SD. The M SD w as instrumental in securing the safety of bench members and the public at the Judiciary' s alternate sites since the closure of the Guma' Hustisia.

Additionally, it assisted the Drug Court Division in its overnight operations to ensure the safety of Drug Court staff. Despite the staff shortage, the M SD continues to provide support to the Judiciary.

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Jason Tarkong joined the CNM I Judiciary after over 25 years in various law enforcement posts w ith the Commonw ealth. Leaving his latest post as a police lieutenant w ith the Department of Public Safety, Tarkong brings to the M arshal Service Division his experience in investigative and police w ork, and program management.

While at DPS, Tarkong had served as officer-in-charge of the Bike Patrol Unit and Sex Offender Registry, Crime Stoppers coordinator, certified firearms instructor, former range master and armorer, public information officer, and SWAT team leader.

Tarkong?s new role involve the supervision of deputy marshals and the handling of all aspects of court security management, including safety and security protocols for members of the bench, court personnel, service providers, consumers, proceedings, and facilities.

Bench members and MSD staff congratulate Chief Marshal Tarkong.

The family of Chief Marshal Tarkong attend the ceremony.

Newly sworn-in Chief Marshal Jason T. Tarkong

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Hu m an Re s o u r c e s Of f i c e The Human Resources Office is responsible for providing a comprehensive human resource program, including:

Administrative/Human Resources Specialist Sarah P. Cabrera and Human Resources/Administrative Officer Michelle V. Guerrero.

- Policy development and administration; - Recruitment of qualified applicants into a diverse w orkforce; - Employment and orientation services; - Administration of employee benefits, including health, retirement, and life insurance programs; - Position classification, salary administration, employee relations, training, and professional development.

Human Resources w orks closely w ith each division of the court and supports and responds to personnel needs. In addition to performing the normal daily functions, it w as involved in the follow ing activities:

Kimberly Mendiola from Systems of Care presents at the 2018 Judiciary Professional Development Day held at the Hyatt Regency Saipan.

-

Professional Development; HR Records Digitalization; Fair Labor Standards Act Sessions; Super Typhoon Yutu Recovery Efforts; M ock Trial.

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Professional Development & Employee Recognition Initially slated for November 19-20, 2018, at the Pacific Islands Club, this event w as then set on Tuesday, November 20, 2018 at the Hyatt Regency Saipan. Typically an annual tw o-day event, it w as shortened due to a limited schedule and venue change as a result of Super Typhoon Yutu?s impact. The agenda included: - Team building conducted by the Drug Court Division; - Introduction to the Legal Language and Legal Advice v. Legal Information; - Creative Thinking Skills Through Art

Workforce M anagement Training HR had the opportunity to attend the Workforce Management three day training held in Williamsburg, Virginia. The instructor was Deborah Mason who is the Executive Director of Human Resources for the National State Center for State Courts and has been with the NCSC since 1998. Participants learned about laws that impact workforce management in courts. Sessions also focused on how sound workforce practices, policies, and procedures help a court achieve legal compliance, and how poor attention to detail, infective communication, and lack of follow-through can create employment issues with significant legal consequences.

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SUPERTYPHOONYUTURELIEFDRIVE On December 12, 2018, the Judiciary hosted a relief drive at the M arianas Business Plaza for affected staff. The donations came from the U.S. District Court for the NM I, justices, judges, and court staff. Donated items included food, toiletries, batteries, fans, cleaning products, gift certificates, and laundry detergent.

The relief drive continued for over a month w ith donations replenished w eekly.

LRC Executive Director and General Counsel Hyun Jae Lee donated gift certificates to a local cafe.

The donation table at the Marianas Business Plaza alternate site.

36

I n f or m at i on Sy s t e m s U n i t The Judiciary recognizes technological modernization as a key investment to the efficient delivery of court services. It successfully acquired funds for desktop computers, laptops, audio and video equipment, terminal servers, and battery backup units.

Systems Administrator M ichael C. Villacrusis and Computer Specialist Jorale A. M endoza w ork tirelessly to serve all three island courts.

Systems Administrator Michael C. Villacrusis assessing connectivity issues at the Guma' Hustisia.

The IT Team assesses Super Typhoon Yutu damages.

Computer Specialist Jorale Mendoza sets up the technological equipment in preparation for the 2018 Professional Development Day.

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Building M ai n t en an ce The Building M aintenance oversees the day-to-day operations of the Judiciary, including ground maintenance, lighting and ballast replacement, repainting of offices, court personnel requests, and monthly preventative maintenance. They also assist in setups for public hearings, meetings, and Judiciary ceremonies.

The temporary front extension serves as a payment and filing center.

Building Superintendent Gerald E. Weaver and M aintenance Staff Raymond C. Babauta provide much needed support to keep the facilities up and running.

Maintenance Staff Raymond Babauta makes window repairs as part of the rehabilitation project.

Building Superintendent Gerald E. Weaver makes a report at the January 2018 Judicial Council meeting.

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Gr a n t s Of f i c e At least tw o of the CNM I Judiciary?s Seven Strategic Plan goals w ere directly fufilled by the Grants Office in 2018.

Dr. John A. Martin meets with Department of Youth Services staff to discuss emerging trends in human trafficking.

Addressing Needsthrough Non-adversarial Models The State Justice Institute Human Trafficking Grant to the Judiciary w as performed by consultant Dr. John A. M artin under contract w ith the Center for Public Policy Studies. The Grant addresses a pressing need for greater Judiciary understanding of non-adversarial models.

Dr. Martin holds a one-on-one training with Justices, Judges, and Court Managers.

Grants Administrator James W. Stowell updates about the Judiciary's grant projects.

provides

Judiciary staff members spent over 800 hours in training and related discussions w ith Dr. M artin.

Training focused on human trafficking identification and the scope and efficiency of the Judiciary?s case processing related to human trafficking. The justices and judges attended over 125 hours of sessions and discussions.

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A Robust Judiciary through Facilities Renovation and Expansion The renovation and repair w ork associated w ith FEM A public assistance funding for Super Typhoon Soudelor in August 2015 neared completion in October of 2018. After a long procurement process, perimeter fences w ere repaired and improved w ith concrete pillars. All of the parking lot lights w ere returned to operation.

The first request for reimbursement under Typhoon Soudelor w as successfully processed: a $151,000 generator operation reimbursement.

Super Typhoon Yutu repair and replacement estimates has begun and training on the FEM A portal has taken place and put to practice. Based on the numbers being seen, Yutu w ill prove to have been at least five times, possibly seven times costlier and destructive than Soudelor.

Typhoon Soudelor condensation problem.

compounded

the

window

FEMA Program Delivery Manager Colby Wright conducts a site inspection following Super Typhoon Yutu.

The exposed Atrium skylight is one of the damages caused by Super Typhoon Yutu.

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USDALOANUPDATE Public Law 19-67, signed by Governor Torres on Sept 27, 2016 amends CM C § 3405 and authorizes the Commonw ealth to enter into a loan agreement w ith the USDA for a sum not to exceed $15,000,000.

Other authorizations include: 1) Pay-off the original Judicial Building Fund Loan held by the Northern M arianas Settlement Fund w ith a then $4.5 million balance and 7.5% interest rate; 2) Expand and renovate Justice System facilities of the Office of the Attorney General, Office of the Public Defender and of the Judiciary on the islands of Saipan, Rota and Tinian;

June - September 2018 Update: - USDA requires qualified certified public accountant?s review and opinion of the loan?s repayment feasibility.

- Dave Burger, CPA of Burger, Comer, M agliari is commissioned by the Judiciary to perform the feasibility review w hich is provided to the USDA loan review committee along w ith a Sensitivity Analysis.

- Department of Finance provides required 90 day current CNM I Government Revenue and Expense Report.

3) Create a natural disaster facility for continuous operations at 1361 Capitol Hill w hich w ill house the Judiciary?s back-up servers, records retrieval systems, and be the site of a temporary emergency courtroom facility; 4) Enhance floor plan utilization at the Guma?

Hustisia to better accommodate evolving public requirements; 5) Provide more room for successful programs like the Drug Court and mediation programs; and 6) M ake space available for new specialty court offices and facilities.

Director of Courts Sonia A. Camacho and Grants Administrator James W. Stowell attend the USDA Public ? Private Partnership USDA Western Pacific Region Conference from M ay 14 - 15, 2018.

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La w Re v i s i o n Co m m i s s i o n The Law Revision Commission (LRC) has public and local law s for the First Legislature through the Tw entieth Legislature readily available on its w ebsite. Also, LRC receives local ordinances w hich it converts and uploads to the w ebsite making them searchable and easily accessible.

The LRC uploaded over 350 separate sections of permanent law to the Commonw ealth Code database available on its w ebsite.

It incorporated those changes into the print version of the code supplement. Each section requires careful review of grammar, content, numbering, references, and uniformity prior to codification.

Executive Director Hyun Jae Lee,Website/Office M anager Albert A. Hicking, and Publications Clerk and Administrative Assistant Kelsey O. George pose w ith the Chief Justice Alexandro C. Castro, Attorney General Edw ard E. M anibusan, and members of the 21st CNM I Legislature.

The revised 2017 Driver?s Handbook is now available in 13 individual languages.

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LRC?s w ebsite contains a number of resources including: the Commonw ealth Code; the Administrative Code; public and local law s; Supreme Court opinions; court rules; decisions and orders of the Superior Court that have been

designated

Attorney

for

General

Commonw ealth

publication;

Opinions;

local

Registers; proposed

Executive Orders; ordinances; and

the

emergency

regulations; and historical legal materials. Continuously maintaining updated law s is a labor intensive process requiring daily review

and revision. In addition to

continuous modification to the w ebsite, LRC personnel prepare tracking documents, update source and reference tables, create monthly master files to provide accurate historical law access, and compile documents to publish various print publications.

Law Revision Commission P.O. Box 502179 Saipan, M P 96950 w w w .cnmilaw .org The homepage of the CNM I Law Revision Commission w ebsite.

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Sup er Typ hoon Yut u On October 24 - 25, Super Typhoon Yutu pounded through the Northern M ariana Islands w ith sustained w inds of 180 mph. The Guma' Hustisia suffered tremendous damage never before seen in its history.

Damages around the Guma' Hustisia facilities.

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In theNews: Super Typhoon Yutu

45

Ju d i ci ary' s Part n ers The Judiciary extends its appreciation to its partners for providing alternate office spaces during the Guma' Hustisia shutdown resulting from the HVAC system failure and typhoon damages. Its partners include the Office of the Governor, the U.S. District Court for the NMI, the Department of Public Saferty, Northern Marianas College, and the Department of Homeland Security. The alternate spaces were critical in providing judicial services to the general public.

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M o l d Rem ed i a t i o n & A i r - Co n d i t i o n i n g Pr o j ec t The $7 million mold remediation project is part of the Judiciary' s efforts to address the breakdow n of the HVAC system and mold grow th in the Guma' Hustisia. WM Engineering Services, LLC from Guam is the primary consultant for the project. In addition, Elizabeth S. Balajadia, P.E. from the Capital Improvement Project (CIP) Office provides technical expertise.

(Left to Right) Building Superintendent Gerald E. Weaver, WM Mechanical Engineer Ricky M. Viador, CIP Administrator Elizabeth S. Balajadia, and WM Engineering President William Miller during a mold assessment meeting in January 2018.

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YOUTH TAKE-OVER DAY On September 27, 2018, the Judiciary participated in Youth Takeover Day. The day allow ed four high school students to experience a day in the life of Chief Justice Alexandro C. Castro, Associate Justice John A. M anglona, Associate Justice Perry B. Inos, and Associate Judge Teresa K. Kim-Tenorio.

The Judiciary?s involvement in Youth Takeover Day w as coordinated by the Governor?s Youth Affairs Office. Part of Youth Empow erment M onth, the event allow s high school students to assume the positions of law makers, educators, healthcare providers, and other professionals in the community. The event provides students w ith insight into careers they may be considering, pairing students w ith mentors from their fields of interest.

The Judiciary planned a busy and varied day for the students

stepping into the justices and judges? roles. For the youth filling in for the Supreme Court, the day included attendance at an oral argument session and panel deliberation, interaction w ith the justices?law clerks, introduction to staff?s roles, involvement w ith numerous committee meetings, and celebration of the students? experience w ith a presentation of certificates. Throughout the day, the students learned about the intricacies of the Justices? positions, gaining an understanding of some difficult decisions the justices are often responsible for. Youth Takeover Day 2018 w as a success, garnering over 150 student-participants and inspiring students? including those hosted by the Judiciary? to pursue permanent roles in the community?s professional w orkforce.

Associate Judge Teresa K. Kim-Tenorio with Youth Takeover Participant Anna Nunez.

Supreme Court Justices with the Youth Takeover Participants Michelle Bermudes, Jonathan Lee, and Maria Calma.

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HIGH SCHOOL M OCK TRIAL FEBRUARY15-16,2018 On February 15-16, 2018, the Judiciary hosted the 20th annual high school mock trial competition. In the course of the tw o-day event, the NM I?s participating schools engaged in multiple rounds of competition, demonstrating their understanding of the case, United States v.

Lou Perez.

preliminary rounds, M ount Carmel School garnered the championship. M ount Carmel School claimed the title of the 2018 mock trial champions, going on to represent the CNM I at the national competition in Reno, Nevada.

The Commonw ealth?s mock trial competition provides students w ith hands-on experience in presenting arguments and w itness testimonies, practicing courtroom procedures, gaining an understanding of the judicial system?s w orkings, and developing important skills such as leadership, public speaking, and teamw ork. The program requires dedication. Over approximately tw o months, students practice w eekly w ith attorney or teacher coaches, preparing for the CNM I competition, and ultimately, the National High School M ock Trial Championship.

The competition included participants from eight high schools in Saipan, Tinian, and Rota.

Follow ing the release of the mock trial problem, the Judiciary conducted the Fourth M ock Trial Academy, introducing participants to the legal system w ith lectures on evidentiary rules, w itness portrayal, and trial presentation. Follow ing four

High School Students from across the CNMI paricipating in the Twentieth High School Mock Trial Competition.

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Ju d i c i a r y Pr of essi on al Dev el op m en t Hyatt Regency Saipan Ballroom November 20, 2018

The Professional Development was a successful event attended by court staff from all three islands. The agenda included team building, legal Information versus legal advice, and an art therapy session by Systems of Care therapist Kimberly Mendiola. During the event, court staff were recognized for their contributions and dedication to the Judiciary.

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A t t or n ey A d m i s s i o n s Ce r e m o n y O ct o b er 1 0 , 2 0 1 8 CNM I Su p r em e Co u r t

Wencai Cai, University of Iow a Dayla Reschel Sw artz Go, University of the Pacific Chester M . Hinds, University of Haw aii Steven L. Thompson, Western M ichigan University Tiandouw a Yuan, University of M innesota

Associate Judge Wesley M. Bogdan, Judicial Assistant Vivian S. Dela Cruz, and Deputy Clerk Eva P. Calvo congratulate Law Clerk Dayla Go for passing the CNMI Bar.

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Novelyn Wania-Tenorio Deputy Clerk III

Presiding JudgeAward 1. How long have you been working for the Superior Court Clerk?s Office? 2+ years.

2. What is your background? Education. Work Experience. Bachelor of Science in Business Management (BSBM) with 30+ Credit Hours of Graduate Course Level for Masters in Business Administration. 15+ years combined administrative field (4 years supervisory capacity) .

3. What are your responsibilities as a Deputy Clerk III? Assist with the training and supervision of staff (i.e. courtroom procedures, custodianship of records) as well as the day to day operation of the Office of the Clerk of Court. Prepare reports to include compact impact, organizational performance, statistical data, procurement and asset management, and others as required (fiduciary accounts, inventory, etc.).

Ensures courtroom readiness for proceedings (i.e. clerkship duties ? calendaring, case management systems, filing, accountability checks, etc.). Monitors office resources necessary to operate efficiently and effectively. Reviews staff performance; implement systematic internal (Clerk of Court Office) procedures to improve accountability.

4. What motivates you? Teamwork.

5. How do you define success? Success is both achievement and failure. When we achieve, we improve, when we fail, we strive to get better.

6. If you could talk to one person from history, who would it be and why? Buddha because I want to get tips on inner peace and enlightenment that may eventually lead to nirvana.

7. What are your hobbies? Going to the beach and car trips around the island.

8. Tell me about a project or accomplishment that you consider to be the most significant in your career. I would have to say the compilation of the Clerks Handbook.

9. Being a Deputy Clerk III, what three concerns about the Clerk?s Office do you feel should be addressed immediately? a. Lack of Staff b. Upgrade case management systems c. Improve accountability 10. Feel free to add anything. None.

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1.

2.

3.

TaAnn Kabua Demapan

Drug Court Manager

4.

Chief JusticeAward 5.

6.

How long have you been working for Drug Court Division? This June will mark my 3rd year.

What is your background? Education. Work Experience.

Prior to joining the Drug Court, I served as the Administrator of the CNMI Maternal and Child Health Bureau (MCHB) at the Commonwealth Healthcare Corporation. As the MCHB Administrator, I led the development of numerous projects aimed at improving the health of mothers and children in the CNMI, including CNMI Women?s Health Month and the Collaborative Innovation and Improvement Networks for Child Safety and Infant Mortality. I also proudly served as an active duty member of the United States Army and a federal civilian employee for the Air Force Center for Environmental Engineering and Naval Facilities in Hawaii. I hold an Associate?s degree in Liberal Arts and a Bachelor?s of Science degree in Education, with a concentration in Rehabilitation and Human Services.

What are your responsibilities as the DCD Manager?

This position entails a great deal of multitasking between working on the program's budget and resources, maintaining referrals on potential participants, compiling statistical data and reviewing program evaluation, preparing for Drug Court meetings and hearings, and engaging community support through outreach and education in an effort to enhance services. Other miscellaneous responsibilities include organizing trainings for our CNMI Drug Court multidisciplinary team, and in situations the case workers require time off, I also take on case management services.

What motivates you? I think that passion and commitment to help those who struggle motivates me. I believe that passion in what you do translates to the willingness to work with all stakeholders to achieve positive results. Finally, I always keep my children in mind when helping others. I often wonder if someone will be there to help them if they need that extra support.

How do you define success? Helping others reach a far greater potential.

If you could talk to one person from history, who would it be and why? My Mother. I think she would be extremely proud of the work I enjoy doing.

7.

8.

9.

What are your hobbies? In my younger days, I played a lot of sports and enjoyed swimming. Nowadays, I like to read and spend time with my family and friends. I started exercising again so I guess that could be a new hobby?

Tell me about a project or accomplishment that you consider to be the most significant in your career. I consider being a part of implementing the FIRST treatment court in the CNMI as one of the highlights of my career.

Getting it off the ground and running for those who need the help today and most especially, for those who will need the help in the years ahead.

Being the DCD Manager, what three concerns about DCD do you feel should be addressed immediately?

A. Funding Drug courts are new to the CNMI. The missing components to a fully functional and effective system are additional supervision officers and operational funding to support drug court best-practice standards. For instance, Drug Court currently employs only two (2) officers responsible for multiple supervision responsibilities inclusive of daily participant curfew checks, drug testings, check-ins, and crisis interventions.

B. Education We need our leaders and community members trained on the concepts of treatment courts. In order for us to reap the benefits of drug courts, the community needs to be well informed on the research and evidence behind treatment courts.

10.

Feel free to add anything.

I want to take this opportunity to thank the NMI Judiciary and recognize their resiliency through a tough year. We may have lost our building, but we pulled through and continued providing services to the community.

I also want to thank our Judges, most especially the Chief Justice, for selecting me to receive this year?s Chief Justice Award. I share this aware with those who deserve this as much as I do- the CNMI Drug Court Team and our participants. Your dedication and commitment to this program has made my job a rewarding experience.

Si?Yu?us Ma?ase?, Olomwaay and Komol Tata.

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APPENDI X

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Superior Court Clerk of Court

Figure 1.2 Notice of Appeal

Figure 1.1 Notice of Appeal

Figure 1.3 Certified Cases

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Superior Court Clerk of Court

Figure 1.4 Cases Filed by Island (Saipan, Tinian, and Rota Figure 1.6 Criminal Cases 2014 - 2018

Figure 1.5 Civil Cases 2014 - 2018

Figure 1.7 Family Court Cases 2014 - 2018

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Superior Court Clerk of Court

Figure 1.9 Small Claims 2014 - 2018 Figure 1.11 Family Court Division Case Filings

Figure 1.10 Traffic Cases 2014 - 2018

Figure 1.12 2014 - 2018 Case FIling Trend

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Superior Court Clerk of Court

Figure 1.13 Customer Service Counter

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commonwealthrecorder's office

Figure 2.1 Land Documents and Other Filings

Figure 2.2 M aps

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commonwealthrecorder's office

Figure 2.3 UCC-1 and UCC-2 Filings

Figure 2.4 UCC-3 Filings

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2018Annual Report |

P.O. Box 502165 Saipan, M P 96950 (670) 236-9800 courtemail@justice.gov.mp

w w w .justice.gov.mp

Northern M arianas Judiciary cnmijudiciary

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