commonwealth judiciary - 2013 annual report

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311

CONTENTS The Judiciary 2013 annual Report

Message from the Chief Justice2 REPORTS Supreme Court Superior Court Administration Law Revision Commission

COMMUNITY OUTREACHand EDUCATION Fifth Law and the Freshman Legislator Seminar Law Week Activities Early 20th Century Photos of Micronesians on Display Law Students Provide Help, Serve the CNMI Judiciary

EVENTS Pacific Judicial Council Conference Nine New Attorneys Admitted to the Northern Mariana Islands Bar

TRANSITIONS Leadership Changes at the Law Revision Commission Judiciary Bids Farewell to Tracy M. Guerrero

IN MEMORIAM - Roxanne Weaver

NMI Judicial CouncilNorthern Marianas Judiciary Historical SocietyJudiciary Staff

8111631

33364142

4446

4849

50

515253

36

37

39

40

Law Day Activities 15th Annual High School Mock Trial Competition 3rd Annual Law Day Poster and Essay Contest 29th Annual AG’s Cup Speech Competition Judges in the Classroom

3Justices and JudgesFind out how long our current justices and judges have been serving the Commonwealth.

CELEBRATIONS. The Judiciary family celebrated a fun-filled day on the island of Managaha on May 25, 2013 (page 54).

Investiture Ceremony for Associate Justice Perry B. Inos

Associate Judge David A. Wiseman Takes Third Oath of Office

Associate Judge Teresa K. Kim-Tenorio

Features4

5

6

Meet our newest Judge!

I n 2013, the Judiciary continued to function with a severely limited budget and with very few employees. This caused the implementation of many critical projects to either be slowed down or temporarily delayed and the delivery of quality judicial services to be hampered. Despite these obstacles, we continued to serve our people on Saipan, Tinian, and Rota to the best of our ability.

When members of our community are charged with a crime and are not able to afford an attorney, they are constitutionally entitled to have one provided to them by the Commonwealth free of charge. The Conflicts Counsel Program, established in conjunction with the NMI Bar Association, is one way to provide these services, but because of insufficient funding, we were forced to temporarily suspend this program. We hope to reinstate the Conflicts Counsel as soon as practicable.

Another critical goal of the Judiciary is to digitize all of the documents in the Recorder’s Office. Currently, we do not have a comprehensive electronic database for these records. We hoped to be able to hire an additional employee to efficiently finish this project, but once again, our budgetary constraints prevented this. We are blessed, however, to have the assistance of student volunteers to slowly address this issue so that we can bring the Recorder’s Office into the 21st century.

Finally, one of our main goals was to equip all of our courtrooms with better technology functionality in order to enhance the delivery of judicial services. By purchasing computer, television, and video conferencing equipment, we can link the courthouses on Saipan, Tinian, and Rota, thereby, limiting travel between the islands and allowing for the faster disposition of cases. Better technology in the courtrooms will also allow attorneys to better present evidence to juries and more effectively argue matters before judges. Unfortunately, our budget does not permit us to fully retrofit all of our courtrooms.

In closing, we would not have made the accomplishments highlighted in this report without the hard working and dedicated justices, judges, and staff of the Judiciary. This is notwithstanding the fact that some of our staff have not received raises in over ten years. We will continue to work with the legislative and executive branches of our government to better fulfill our constitutional obligations and to strive towards excellence in 2014.

2

J

Kenneth L.GOVENDO

Perry B.INOS

Joseph N.CAMACHO

David A. WISEMAN

Robert C.NARAJA

Alexandro C.CASTRO

John A.MANGLONA

Associate JudgeSUPERIOR COURT

June 20, 2003to present


December 22, 2013 to present

Associate JusticeSUPREME COURT

March 19, 2013to present

Associate JudgeSUPERIOR COURTSeptember 22, 2008to March 18, 2013

Associate JudgeSUPERIOR COURTNovember 10, 2011

to present



Special JudgeSeptember 22, 1995to March 13, 2001

Designated JudgeUS DISTRICT COURT

FOR THE NMIJuly 2002to present

Chief JusticeSUPREME COURTOctober 11, 2012

to present

Acting Chief JusticeOctober 1, 2011

to October 10, 2012

Associate JusticeJuly 10, 1998

to September 30, 2011

Presiding JudgeSUPERIOR COURTFebruary 23, 1993

to July 9, 1998

Associate JudgeMay 15, 1989

to February 22, 1993

Presiding JudgeSUPERIOR COURT


Associate JudgeNovember 20, 2001to March 27, 2003

Designated JudgeUS DISTRICT COURT

FOR THE NMIJanuary 2010

to present

Associate JusticeSUPREME COURT

May 9, 2000to present

Designated JusticeGUAM SUPREME COURT

1999 - 2003


July 9, 1998to May 8, 2000

Teresa K.KIM-TENORIO

3

JUSTICES AND JUDGES The Judiciary 2013 annual Report

Associate Justice Perry B. Inos (wearing flower leis) with wife Debra to his right, with CNMI Supreme Court Justices, Superior Court Judges, the US District Court Chief Judge, Judges Pro-tem and visiting members of the Guam Judiciary

Investiture Ceremony for Associate Justice Perry B. Inos

The NMI Judiciary and the Judicial Council hosted an investiture ceremony for the Honorable Perry B. Inos, Associate Justice of the CNMI Supreme Court, on Tuesday, March 19, 2013, in the Supreme Court Courtroom. Associate Judge Inos, having been nominated to fill the vacancy on the Supreme Court bench, appeared before the Senate’s Committee on Executive Appointment and Government Investigation on March 7, 2013. Following the Committee’s recommendation, on March 8, 2013, the full Senate voted unanimously to confirm Perry B. Inos as Associate Justice. He was duly commissioned that same day; Governor Eloy S. Inos administered the oath of office.

Before his ascension to the Supreme Court bench, the Honorable Perry B. Inos had served the people of the Commonwealth as an associate judge since September 22, 2008.

Associate Justice Perry B. Inos (wearing flower leis) with wife Debra to his right, with CNMI Supreme Court Justices, Superior Court Judges, the US District Court Chief Judge, Judges Pro-tem and visiting members of the Guam Judiciary

Associate Justice Perry B. Inos and family: wife Debra, daughters Anamaria and

Dixie Ann; son Perry Jr.; granddaughter Gabriella and mother Carmen Masga

Associate Judge David A. WisemanTakes Third Oath of Office

Associate Judge Wiseman with Judiciary staff members Associate Judge Wiseman with Judiciary staff members

March 13, 2013, marked the last day of Judge David A. Wiseman’s second term of office and the first day of his third term of office as Associate Judge of the CNMI Superior Court. For his third term, the Judge was sworn in byGovernor Eloy Inos, with Lt. Governor Hofschneider, other judges, justices and staff present. Judge Wiseman stated that this was actually his fourth judicial oath of office. He first took the oath in 1995 upon being sworn in as a Special Judge. The second time was 2001 after being nominated to the court by former Governor Pedro Tenorio. The third oath of office was in 2005, when retained by the

voters for a second term as a Superior Court Associate Judge. And now, after being retained by the voters for a third term of office, he was again taking the oath.

The judge stated, “the oath of office represents a commitment to uphold the CNMI and the US Constitution, as well as the rule of law, which is the core of any civilized

society.” The judge further expressed his belief that he has fulfilled this commitment in serving the community for the last 12 years and has done so with honor and integrity.

The judge concluded, “It has been a pleasure, privilege and honor to have had this opportunity and I look forward to continuing to serve the

community in this new term of office.”

“The oath of office represents a commitment to uphold the CNMI and the US Constitution, as well as the rule of law,

which is the core of any civilized society.”

From left: Assoc. Justices John A. Manglona and Perry B. Inos, U.S. District Court Chief Judge Ramona V. Manglona, Lt. Gov. Jude U. Hofschneider, Former Gov. Pedro P. Tenorio, Assoc. Judge David A. Wiseman, wife Faythe, Gov. Eloy S. Inos, Chief Justice Alexandro C. Castro, Assoc. Judges Joseph N.Camacho and Kenneth L. Govendo

Gov. Eloy S. Inos administers the oath of office to Assoc. JudgeDavid A. Wiseman

From left: Assoc. Justices John A. Manglona and Perry B. Inos, U.S. District Court Chief Judge Ramona V. Manglona, Lt. Gov. Jude U. Hofschneider, Former Gov. Pedro P. Tenorio, Assoc. Judge David A. Wiseman, wife Faythe, Gov. Eloy S. Inos, Chief Justice Alexandro C. Castro, Assoc. Judges Joseph N.Camacho and Kenneth L. Govendo

Judge Teresa K. Kim-Tenorio ascended to the bench on December 22, 2013. Prior to her ascension, she earned her Bachelor of Arts degree in English from the College of Literature, Science, and the Arts (LSA), University of

Michigan in Ann Arbor in 1997. In May of 2001, she graduated from New England School of Law with her Juris Doctor degree; and is licensed to practice law in the State of Michigan, the United States District Court for the Eastern District of Michigan, the United States District Court for the Northern Mariana Islands, the United States Court of Appeals for the 9th Circuit, and the Commonwealth of the Northern Mariana Islands.

Judge Kim-Tenorio served as the legal counsel for the Honorable Eloy S. Inos, Governor of the CNMI, from February 2013 until her ascension in December 2013. Prior to that, she served as the legal counsel for the CNMI Lieutenant Governor, the CNMI Legislature, and was also in private practice.

Judge Kim-Tenorio greatly enjoys giving back to her community by volunteering much of her personal time to various organizations. Prior to her ascension, she served as a board member for the NMI Chapter of the American Red Cross for almost 9 years; an officer for the Marianas High School’s Parent Teacher Association (the largest high school in the CNMI), a coordinator on the CNMI High School Mock Trial competition; and a trustee for the CNMI Judiciary Historical Society since 2005.

Judge Kim-Tenorio is the daughter of Yong Chan and Jin Soon Kim; and has two siblings – Hea Joung Kim and Angela Kim. She is married to Perry John Pangelinan Tenorio and together, they have four sons (Justis, Sunho, Pedro, and Sunjoon).

Gov. Eloy S. Inos administers the oath of office to Associate Judge Teresa K. Kim-Tenorio

From left: son Sunjoon, husband Perry, Associate Judge Kim-Tenorio, and son Pedro

Associate Judge Kim-Tenorio is surrounded, from left, by Cong. Gregorio Kilili Sablan, Father Ryan P. Jimenez, Chief Justice Alexandro C. Castro and wife Carmen, husband Perry P. Tenorio, Presiding Judge Robert C. Naraja and wife Frances, Governor Inos, former Governor Pedro P. Tenorio and wife Sophia, and parents Jin Soon and Yong Chan Kim after her private swearing-in onDecember 22, 2013, at their family residence in As Lito, Saipan.

Associate Judge Teresa K. Kim-Tenorio

Supreme Court

Superior Court

Family Court Division

Judiciary Law Enforcement Department

Office of Adult Probation (Superior Court)

Marshal Service Division (Administration)

Judiciary Administrative Office

National Center of State Courts

Accounting - Budget and Finance

Human Resources Office

Commonwealth Recorder’s Office

Building and Maintenance

Information Systems Unit

Law Revision Commission

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Introduction

The Northern Mariana Islands Supreme Court is the highest court in the Commonwealth. The Court was created in 1989 by the NMI Legislature to hear appeals from final judgments and orders of the NMI Superior Court. By law, the Supreme Court has mandatory appellate jurisdiction over all cases decided by the Superior Court. This means the Supreme Court hears both criminal and civil matters.

Historical Background

A local court did not always hear appeals from the Superior Court. Before the Supreme Court was created, the island’s federal district court heard appeals from the

Superior Court. The federal district court’s appellate jurisdiction ended on May 1, 1989, when the Supreme Court was created by Commonwealth law. However, until May 1, 2004, the Supreme Court’s decisions could still be appealed to the Ninth Circuit Court of Appeals. On May 1, 2004, the Supreme Court’s decisions became appealable only to the United States Supreme Court. This made the Supreme Court a court of last resort, which placed it in the same position as

state supreme courts.

The Justices

The Supreme Court has three members: a chief justice and two

associate justices. Each justice serves an eight-year term, after which he or she is subject to a retention election.

The current Chief Justice is Alexandro C. Castro. He assumed this position on

October 11, 2012, after an appointment by Governor Benigno Fitial. Before his appointment, Chief Justice Castro served as an associate judge and later as the presiding judge of the Superior Court. He became an associate justice of the Supreme Court in July 10, 1998.

Justice John A. Manglona has been on the Supreme Court since May 2000. Before that, he was a Designated Justice in the Guam Supreme Court and an associate judge in the Superior Court.

Justice Perry B. Inos ascended to the Supreme Court on March 19, 2013. Before that, he served as an associate judge in the Superior Court.

Role of the Court

Supreme Court proceedings are different from Superior Court proceedings. There are no witnesses and no jury at the Supreme Court. Rather, the Supreme Court evaluates whether an error was made at the

trial court level. To do this, the justices closely examine briefing that highlights the parties’ arguments and any rebuttals. The Supreme Court generally has oral arguments where the parties’ lawyers come and argue their case before

the justices. Finally, the Supreme Court will issue a written opinion that addresses the issues raised by the parties. This ruling is final unless an appeal is granted by the United States Supreme Court.

Community Outreach

Aside from their traditional duties of deciding cases, the justices were active in the

community. They frequently visited local schools talking about the justice system and equality as part of the Justices and Judges in the Classroom program. In addition, the justices sponsored and judged a local drawing and essay competition about equality. Furthermore, the justices presided over rounds during both the junior high and high school mock trial competitions. The justices remain actively involved in the attorney general’s cup, a local speech competition for high-school students.

The justices also spearheaded the biennial Law and the Freshman Legislator seminar where they invited newly elected legislators to the Guma’ Hustisia for a day of introductory law classes and roundtable discussion.

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SUPREME COURT REPORT The Judiciary 2013 annual Report

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Introduction

The Northern Mariana Islands Supreme Court is the highest court in the Commonwealth. The Court was created in 1989 by the NMI Legislature to hear appeals from final judgments and orders of the NMI Superior Court. By law, the Supreme Court has mandatory appellate jurisdiction over all cases decided by the Superior Court. This means the Supreme Court hears both criminal and civil matters.

Historical Background

A local court did not always hear appeals from the Superior Court. Before the Supreme Court was created, the island’s federal district court heard appeals from the

Superior Court. The federal district court’s appellate jurisdiction ended on May 1, 1989, when the Supreme Court was created by Commonwealth law. However, until May 1, 2004, the Supreme Court’s decisions could still be appealed to the Ninth Circuit Court of Appeals. On May 1, 2004, the Supreme Court’s decisions became appealable only to the United States Supreme Court. This made the Supreme Court a court of last resort, which placed it in the same position as

state supreme courts.

The Justices

The Supreme Court has three members: a chief justice and two

associate justices. Each justice serves an eight-year term, after which he or she is subject to a retention election.

The current Chief Justice is Alexandro C. Castro. He assumed this position on

October 11, 2012, after an appointment by Governor Benigno Fitial. Before his appointment, Chief Justice Castro served as an associate judge and later as the presiding judge of the Superior Court. He became an associate justice of the Supreme Court in July 10, 1998.

Justice John A. Manglona has been on the Supreme Court since May 2000. Before that, he was a Designated Justice in the Guam Supreme Court and an associate judge in the Superior Court.

Justice Perry B. Inos ascended to the Supreme Court on March 19, 2013. Before that, he served as an associate judge in the Superior Court.

Role of the Court

Supreme Court proceedings are different from Superior Court proceedings. There are no witnesses and no jury at the Supreme Court. Rather, the Supreme Court evaluates whether an error was made at the

trial court level. To do this, the justices closely examine briefing that highlights the parties’ arguments and any rebuttals. The Supreme Court generally has oral arguments where the parties’ lawyers come and argue their case before

the justices. Finally, the Supreme Court will issue a written opinion that addresses the issues raised by the parties. This ruling is final unless an appeal is granted by the United States Supreme Court.

Community Outreach

Aside from their traditional duties of deciding cases, the justices were active in the

community. They frequently visited local schools talking about the justice system and equality as part of the Justices and Judges in the Classroom program. In addition, the justices sponsored and judged a local drawing and essay competition about equality. Furthermore, the justices presided over rounds during both the junior high and high school mock trial competitions. The justices remain actively involved in the attorney general’s cup, a local speech competition for high-school students.

The justices also spearheaded the biennial Law and the Freshman Legislator seminar where they invited newly elected legislators to the Guma’ Hustisia for a day of introductory law classes and roundtable discussion.

Published OpinionsThe Supreme Court published twenty major opinions or orders in 2013 as shown on the table above. The opinions are available at www.cnmilaw.org.

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10

CivilCriminalFamilyTrafficPro Hac ViceAdministrativeCertified QuestionPetitionDisciplinaryOtherTOTAL

2013

182111537111086

2012

1052087252241

2011

11701102022537

2010

10641111100339

2009

22531120211

50

SUPREME COURT CASES FILED

SUPREME COURT PUBLISHED OPINIONS BY YEAR5-YEAR STATISTICS (2009-2013)

Year

2013

2012

2011

2010

2009

No. of Opinions and Orders

20

21

19

21

21

Clerk of the Supreme Court Deanna M. Ogo (left) with Deputy ClerkNora V. Borja

The Office of the Supreme Court Clerk of Court assists the Court in discharging its constitutional responsibilities. The Clerk’s Office receives, processes, and maintains permanent records of appeals, writs and petitions, and CNMI Bar Disciplinary cases. Additionally, the Clerk is authorized to execute certain orders of the Court mostly dealing with scheduling matters, requests for extension of deadlines, and dismissals for failure to prosecute.

Since the implementation of the Judiciary’s electronic filing system in June 2006, all filings with the Supreme Court are made electronically, further expediting the appeals process and reducing costs. Cases filed before 2006 were hard copy files and stored in filing cabinets. In order to reduce

storage space and have all files stored in one location, the Clerk’s Office sought student volunteers from local high schools. Throughout 2013, student volunteers from both public and private high

schools assisted the Clerk’s Office with the scanning of hard copy documents of cases filed prior to 2006. Scanning these files and uploading them onto our case management system allows for convenient access.

During calendar year 2013, a committee was formed to address the need to amend the Supreme Court Rules, which was last updated in 2010. The Rules Committee submitted the proposed amendments to the

Supreme Court Rules in November 2013. The proposed amendments become effective 60 days from its submission to the Legislature. The Supreme Court continued its goal of providing practical information and opportunities for positive interactions between the community and role-players in the legal system by engaging in community outreach programs such as Judges in the Classroom and Mock Trial.

The caseload of the Supreme Court showed a marked increased in 2013. In 2012, the Court closed with 29 pending cases, an additional 44 cases (not including pro hac vice applications and administrative filings) were filed in calendar year 2013.

There has been a significant increase in the filing of criminal appeals in 2013. The average number of criminal appeals filed in the previous 4 years is 5. Of the 86 cases filed in 2013, 21 were criminal. The Supreme Court also saw an increase in administrative filings. This is partly due to the numerous appointments of judge pro tempore for the Superior Court.

Office of the Supreme Court Clerk of Court


Clerk of Court Patrick V. Diaz

Deputy Clerk Kristy N. Diaz

Deputy Clerk Luis S. Villagomez

Deputy Clerk Delia S. Magofna

Oliver Manglona, a law clerk intern, assisted in drafting the standard operating procedure for the appeals filing process. This provides a model for future SOPs.

StatisticsIn 2013, traffic cases increased by about 36% compared to last year, while small claims cases and civil cases experienced a decrease of 36% and 21%, respectively. The number of jury trials conducted increased by 50% and filings of notices of appeal increased by 40%.

Clerk of Court’s OfficeThe Office of the Clerk of Court is responsible for the caseload management of general civil, criminal, family, small claims, and agency appeals before the Superior Court. Additionally, the Office’s personnel provide walk-in customer service and manage: records, courtroom teams, jury trials, appeals, and electronic filing. The staff includes thirteen (13) people with one person each on Rota and Tinian.

Personnel Changes and AdjustmentsAssociate Judge Perry B. Inos ascended to the Supreme Court onMarch 19, 2013. This prompted the reassignment of his cases to the other four judges and the issuance of a new General Calendar, which delineates the case assignments, reflective of the one judge vacancy on the court.

On July 6, Deputy Clerk II Roxanne M. Weaver, the office’s appeals coordinator, passed away. A temporary restructuring of the Clerk of Court staff was required to ensure uninterrupted operations. Deputy Clerk II, Daisy Mendiola became the appeals coordinator and Eva Calvo assumed the duties of the jury trial coordinator. Rosie T. Ada was ultimately hired to fill the Deputy Clerk II vacancy and a Records Assistant was hired to augment the group.

On December 22, 2013, Teresa Kim-Tenorio was sworn in as an Associate Judge to the Superior Court, completing the five trial court bench, which prompted a revised General Calendar with new case assignments to the judges.

TrainingIn May, Civil Procedure and File and Serve Training was conducted by Roxanne M. Weaver, Cindy Nesbit (law clerk) and Sonia Camacho (special assistant to the presiding judge). The Criminal Procedure and Appeals Process Training took place in November. David J. Ellis (law clerk), Deanna M. Manglona (Supreme Court Clerk of Court), and Sonia Camacho were the presenters. The evaluation forms revealed the staff felt their knowledge and skill levels had materially improved.

Transcriptions and Standard Operating Procedures (SOP) Progress

Clerk of Court Patrick Diaz entered into a contract for the outsourcing of transcription services to expedite the certification of records for all cases on appeal. Four vendors completed fifteen (15) written transcriptions.

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SUPERIOR COURT REPORT The Judiciary 2013 annual Report

Sonia Camacho and Law Clerk David Ellis made a presentation during a Professional Development Workshop.

CriminalProcedureTraining

A. CASE FILING PER QUARTER

Quarter Civil Criminal Small Claims I. January to March

II. April to June

III. July to September

IV. October to December

TOTAL

B. NUMBER OF CASES FILED FROM 2009 TO 2013

77

59

58

53

247

7

14

10

15

46

152

154

161

164

631

90

120

106

71

387

82

82

58

28

250

584

1,004

646

1,082

3,316

Traffic Family Court

Juvenile

2009

2010

2011

2012

2013

531

368

352

314

247

247

230

314

240

250

751

657

647

614

677

653

976

929

602

387

2,321

2,422

3,743

2,103

3,316

4,503

4,653

5,985

3,873

4,877

Year TOTALTraffic Cases

Small Claims Cases

Family Court Cases(Incl. Juvenile Cases)

Criminal Cases

Civil Cases

Oliver Manglona, a law clerk intern, assisted in drafting the standard operating procedure for the appeals filing process. This provides a model for future SOPs.

StatisticsIn 2013, traffic cases increased by about 36% compared to last year, while small claims cases and civil cases experienced a decrease of 36% and 21%, respectively. The number of jury trials conducted increased by 50% and filings of notices of appeal increased by 40%.

Clerk of Court’s OfficeThe Office of the Clerk of Court is responsible for the caseload management of general civil, criminal, family, small claims, and agency appeals before the Superior Court. Additionally, the Office’s personnel provide walk-in customer service and manage: records, courtroom teams, jury trials, appeals, and electronic filing. The staff includes thirteen (13) people with one person each on Rota and Tinian.

Personnel Changes and AdjustmentsAssociate Judge Perry B. Inos ascended to the Supreme Court onMarch 19, 2013. This prompted the reassignment of his cases to the other four judges and the issuance of a new General Calendar, which delineates the case assignments, reflective of the one judge vacancy on the court.

On July 6, Deputy Clerk II Roxanne M. Weaver, the office’s appeals coordinator, passed away. A temporary restructuring of the Clerk of Court staff was required to ensure uninterrupted operations. Deputy Clerk II, Daisy Mendiola became the appeals coordinator and Eva Calvo assumed the duties of the jury trial coordinator. Rosie T. Ada was ultimately hired to fill the Deputy Clerk II vacancy and a Records Assistant was hired to augment the group.

On December 22, 2013, Teresa Kim-Tenorio was sworn in as an Associate Judge to the Superior Court, completing the five trial court bench, which prompted a revised General Calendar with new case assignments to the judges.

TrainingIn May, Civil Procedure and File and Serve Training was conducted by Roxanne M. Weaver, Cindy Nesbit (law clerk) and Sonia Camacho (special assistant to the presiding judge). The Criminal Procedure and Appeals Process Training took place in November. David J. Ellis (law clerk), Deanna M. Manglona (Supreme Court Clerk of Court), and Sonia Camacho were the presenters. The evaluation forms revealed the staff felt their knowledge and skill levels had materially improved.

Transcriptions and Standard Operating Procedures (SOP) Progress

Clerk of Court Patrick Diaz entered into a contract for the outsourcing of transcription services to expedite the certification of records for all cases on appeal. Four vendors completed fifteen (15) written transcriptions.

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S(2013)

TRAFFIC FINES: FEES, PAYMENTS AND COLLECTIBLES

C. TOTAL NUMBER OF CASES FILED

D. FAMILY COURT CASES BY TYPE CASE TYPE SAIPAN ROTA TINIAN TOTAL

Adoption

Annulment

Change of Name

Civil Commitment

Divorce

Emancipation

Family Protection Act

Guardianship

Paternity

Petition to Correct Birth Certificate

URESA

UCCJA

Wardship

Juvenile

TOTAL

30

7

13

1

242

0

183

61

46

0

6

0

12

46

647

34

7

13

1

249

0

195

65

49

0

6

0

12

46

677

2

0

0

0

3

0

8

2

1

0

0

0

0

0

16

2

0

0

0

4

0

4

2

2

0

0

0

0

0

14

3,309

3222,987

1,724

1,263

913

235

5222

3,242

31

2461212

65332

383

7950

4,759

2422

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SE. NUMBER OF JURY TRIALSThere were 19 jury trials conducted.

G. COURT-APPOINTED COUNSELThe following table shows the number of times a court-appointed counsel was ordered for indigent defendants:

2013 CIVIL CRIMINAL FAMILY COURT JUVENILE SMALL CLAIMS TRAFFIC TOTAL

JAN 3 6 2 0 3 0 14

FEB 6 15 0 0 8 0 29

MAR 3 10 1 0 3 0 17

APR 1 9 0 2 0 0 12

MAY 6 14 3 3 4 1 31

JUNE 3 29 6 0 9 1 48

JULY 2 4 1 1 1 0 9

AUG 6 5 3 0 8 1 23

SEPT 2 8 3 3 1 0 17

OCT 5 0 3 0 9 0 17

NOV 2 2 2 3 0 0 9

DEC. 12 3 2 2 7 1 27

TOTAL 39 105 26 14 53 4 253

614509

4400

12

00000

00000

00000

101850

21

1

1

512

16

1 0

17 18

1 0

19

20 0 0 0 0 0

2

F. PUBLISHED DECISIONSThe table below shows the number of decisions published by trial court judges.

Number of Jury TrialsPresided by Judges

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The Judiciary 2013 annual ReportSUPERIOR COURT REPORT

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I. CUSTOMER SERVICE COUNTERThe Office of the Clerk of Court also provides the general public with various services such as the processing of traffic clearances, traffic histories, criminal clearances, and bench warrants, as well as copying of documents.

The Judiciary and the NMI Bar Association hired a Conflicts Counsel to assist in representing indigent defendants.Colin Thompson was selected the Conflict Counsel and he handled the following number of cases in January 2013 to March 30, 2013:

H. APPEALED CASESAs of December 31, 2013, there were 41 cases appealed to the Supreme Court.

Civil - 0

Criminal - 21

Family Court - 5Juvenile - 2

Total - 28

1721

1 1 1

41

8,519724455

9,698

9,961401298

10,660

744132

759

19,2241,138

75521,117

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number of clients seeking assistance via the Pro Se route increased to 3,850 in 2013.

The “Separating Parents Class” was facilitated by Kevin Villagomez. He was assisted by Associate Judge Kenneth L. Govendo. A total of 101 separating couples attended the

Joseph Kevin Villagomez became the Family Court Division Manager in February 2013. With a counseling psychology background, Mr. Villagomez was one of the creators of the Community Guidance Center in 1996 and subsequently served as CNMI Secretary of Public Health for twelve years. He is a certified counseling psychologist, a certified Addiction Counselor, and a certified Court Mediator for the NMI Judiciary.

The Family Court Division (FCD) provides several forms of administrative support to the Family Court. The staff assists

the Clerk of Court in the processing of pleadings and distribution of orders for Family Court Pro Se litigants. The FCD helps families and individuals seeking access to the court system by making its user friendly Pro Se Center available to the public.

The center provides information about filling procedures, court forms, petitions, complaints, or other pleadings prior to their being filed to ensure compliance with required format. The

Family Court Division

class in 2013.

The Home Study Program was expanded in 2013. FCD staff visited the separate homes of parents that have separated and have child custody issues before the court. This program involves reviewing the living conditions of the homes to assist in the determination of physical custody/visitation issues.

Eighteen home study reports were submitted in 2013.

The Alternative Dispute Resolution (ADR) - also known as mediation process - is a powerful process used to resolve complex disputes across all walks of life. FCD recharged the ADR program in April. Twenty-three

mediation agreements were signed and completed in 2013.

In late November Mr. Patrick Wolff and Mr. David Nelson from Inafa' Maolek Conciliation on Guam conducted Basic Mediation Training in the NMI Supreme Court courtroom. The goal was to have participants become certified as Court Mediators by Chief Justice Alexandro Castro and thus be able to assist in mediation cases sent by the Family Court Judge. Twenty-five individuals from varying backgrounds completed the two days of training.

Presiding Judge Robert C. Naraja administers the oath of office to Family Court Division Manager Joseph Kevin Villagomez. Also in photo are Judge David A. Wiseman, second from left, and Associate Justice Perry B. Inos, far right.

Family Court Judge Kenneth L. Govendo

Family Court Division Manager Joseph Kevin Villagomez

with Project Assistant Nikita E. M. Cabrera

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SUPERIOR COUR REPORT The Judiciary 2013 annual Report

Chief Justice Alexandro C. Castro presents opening remarks at the Basic Mediation Training.

number of clients seeking assistance via the Pro Se route increased to 3,850 in 2013.

The “Separating Parents Class” was facilitated by Kevin Villagomez. He was assisted by Associate Judge Kenneth L. Govendo. A total of 101 separating couples attended the

Joseph Kevin Villagomez became the Family Court Division Manager in February 2013. With a counseling psychology background, Mr. Villagomez was one of the creators of the Community Guidance Center in 1996 and subsequently served as CNMI Secretary of Public Health for twelve years. He is a certified counseling psychologist, a certified Addiction Counselor, and a certified Court Mediator for the NMI Judiciary.

The Family Court Division (FCD) provides several forms of administrative support to the Family Court. The staff assists

the Clerk of Court in the processing of pleadings and distribution of orders for Family Court Pro Se litigants. The FCD helps families and individuals seeking access to the court system by making its user friendly Pro Se Center available to the public.

The center provides information about filling procedures, court forms, petitions, complaints, or other pleadings prior to their being filed to ensure compliance with required format. The

Mr. Patrick Wolff and Mr. David Nelson from Inafa' Maolek Conciliation on Guam Training attendees

Participants of the Basic Mediation Training

class in 2013.

The Home Study Program was expanded in 2013. FCD staff visited the separate homes of parents that have separated and have child custody issues before the court. This program involves reviewing the living conditions of the homes to assist in the determination of physical custody/visitation issues.

Eighteen home study reports were submitted in 2013.

The Alternative Dispute Resolution (ADR) - also known as mediation process - is a powerful process used to resolve complex disputes across all walks of life. FCD recharged the ADR program in April. Twenty-three

mediation agreements were signed and completed in 2013.

In late November Mr. Patrick Wolff and Mr. David Nelson from Inafa' Maolek Conciliation on Guam conducted Basic Mediation Training in the NMI Supreme Court courtroom. The goal was to have participants become certified as Court Mediators by Chief Justice Alexandro Castro and thus be able to assist in mediation cases sent by the Family Court Judge. Twenty-five individuals from varying backgrounds completed the two days of training.

S

17


It was a challenging year for the Commonwealth Community Correction Officers as the number of crimes being committed continued to rise. The recidivism rate of people on probation was 33%. More specifically, there was a 41% recidivism rate among people on probation because of crimes and a 22% rate for those whose probation stemmed from traffic violations. We had 109,762 people enter the courthouse, which posed a significant challenge for the Marshal Service Division.

The vision of the newly appointed Chief Justice was realized with the creation of the Judiciary Law Enforcement Department. This department oversees the Judiciary’s two law enforcement divisions: the Office of Adult

Probation and the Marshal Service Division. Ursula I. Lifoifoi-Aldan serves as both the Deputy Director for Law Enforcement and the Chief Probation Officer.

The Marshal Office’s security policies and procedures, command structure, and training curriculums were improved by reorganizing the two departments under one department. Marshal personnel learned their legal authority under PL 17-41. They became more focused on law enforcement while being driven by law, rules, policy, and procedure. The Probation Officers began assisting the Marshal Service Division with security

measures around the courthouses in all senatorial districts. Together they were trained to operate the x-ray machine provided by the TSA.

The Office of Adult Probation and Marshal Service are also members of the Bench Warrant Task Force, which includes DPS and the Office of the Attorney General’s Law Enforcement Division.

The law enforcement projects undertaken in 2013 include:

Marshal Service Division:

Bollards at front entrance of the Guma’ Hustisia building exterior protection were installed.

Standard Operating Policies / Procedures and Memorandum of Understanding were implemented.

Organizational Charts (Personnel and Functional Charts) – 10/3/2013

Office of Adult Probation (Superior Court) and Marshal Service Division (Administration)

continued on page 21

Chain of Command – 10/3/2013 MSD Supervisor, Staff and Section Assignment – 10/3/2013 Leave Policy and Procedures – 10/3/2013 DPS MOU on shared responsibilities and after work hours security signed on 9/6/2013

Partial Renovation of the Courtroom Holding Cells - change of attorney/client office to officer’s station.

TSA (X-ray) Training (Marshal and Probation) – 11/2013

Courtroom Security Training at FLETC, Georgia, attended by Chief Benavente – 1/2013

Taser Instructor Certification (Joseph Ogo) at International Taser Training, Arizona -

Front Door Security Enhancement

We lost two marshal personnel whose salaries were paid by a federal grant. However, we were able to recruit one marshal under an internal payroll account.

Office of Adult Probation:

Risk Assessment Training is the use of the risk assessment instrument to becoming evidence-based agency. The instrument assisted the office with officer safety, case planning and case management to sort low risk from high risk - completed.

PJC Regional Probation Training here on Saipan - successful

APPA Training for three staff and one judge - completed

We recruited one person, P.O. Matilde Bermudes, to replace outgoing probation officer Jose Mafnas who resigned to attend to law school.

Deputy Director Ursula I. Lifoifoi-Aldan

.

..

John Aguon

Joseph Ogo and John Del Rosario

Simram Simram

Shirley Camacho Ogumoro

J

18

JUDICIARY LAW ENFORCEMENT REPORT The Judiciary 2013 annual Report












2011 2012 2013PUBLIC SAFETY: SUPERVISION, MONITORING & TRACKINGCarryover from previous year Total new referrals for the year: Male - 188; Female - 38 Criminal: 128 Male: 188 / Female: (SPN; TIQ ; ROP )-PTSDiversion: 7 (Male: 3 / Female: 3) Traffic:127 (Male: Female: ) (SPN ; ROP ; TIQ )Total probation cases Closed cases for the year (Criminal - 3; Traffic - 127)Total active persons on probation

COLLATERAL & COURTESY INVESTIGATION & SUPERVISION (To & From) Collateral Courtesy Investigation / Assessment Courtesy SupervisionTotal Number of Collateral & Courtesy Services

COURT SERVICES: REPORTS SUBMISSIONIndigent AssessmentPre-Post Sentence InvestigationRestitution AssessmentDiversion AssessmentReview Hearings Report: Traffic - 446; Criminal - 603Revocation Report: Traffic - 22; Criminal - 30Total Number of Reports

COURT APPEARANCESBail HearingPre-Post Sentence Investigation HearingRestitution HearingsReview Hearings: Traffic - 446; Criminal - 603Revocation Hearings: Traffic - 22; Criminal - 62Total Number of Appearances in Court

2,738388219

3166

3,126(27)

3,099

2,731376155

2221

3,106(55)

3,051

3,051226128

798

3,277(130)3,147

324

36

204

24

505

199

18-

1, 14952

1,147

1294-

1,32477

1,426

11368

66360

751

2667

820109968

02411

1,449147

1,631

01012

1,14184

1,247

Reports were generated from Probation Tracking System (PTS) and manual logbook. Number of reports prepared and filed in court / Attorney General’s Office/oral presentation in court Total number of court appearances made by the officers.

3

2

1

32

1

Calendar year 2013 gave rise to the potential of a much stronger force of two collaborative law enforcement divisions within the CNMI Judiciary in service of the public’s interest.

PROBATION STATISTICS ANNUAL REPORT













19

JJUDICIARY LAW ENFORCEMENT REPORT The Judiciary 2013 annual Report












3340

33 orders to be assessed

5373

205437

1647

4 assessed

30771

-445

2947

18 assessed

-96

-143

2011 2012 2013BENCH WARRANTS (BW)Bench Warrant Issued: Traffic - 23; Criminal - 29Pending Bench Warrant: Traffic - 2; Criminal - 28Executed: Traffic - 21; Criminal - 30Total Bench Warrant

OFFENDER’S SERVICESALTERNATIVE SENTENCE / PREVENTION, CONDITIONS & REFERRALSAIC (Alcohol Information Class /Karidat) Ordered:‘No Consumption of Alcohol’ Ordered:Alcohol Testing Ordered* CGC Counseling OrderedCWS Ordered: 159; ReferredCrime Prevention / Probation DirectivesCommon Sense Parenting Classes (Probation Directives)Drug Tests OrderedDrug Tests Conducted by Officers

Results: Positive: 22 -Home visits conductedProbation OrientationSearchesStay Away EnforcementTotal

VICTIMS SERVICES Apology Letters OrderedRestitution Ordered: Criminal Restitution Assessment OrderedOffenders who paid restitutionStay Away Ordered / ENFORCEMENT / Criminal: 73 - EnforcementVictims ContactTotal

200

3656

523051

133

5822142

321

108351553

17140

26103

tested inoffice/field

6621782673

1,454

74900

69223

20

4175 / 41

tested

0260

0

893

72509284

17879-0

12989 / 85

tested

0

2710

1,054

PROBATION STATISTIC ANNUAL REPORT

4

4 Probation Bench Warrants manually tracked by the officers.













20













continued from page 18













.

.

.

......

.

.

.

21


A

In 2013, National Center of State Courts consultants John Doerner and Mindy Masias came to Saipan to evaluate the CNMI Judiciary’s staffing adequacy and to help establish sound personnel and procurement practices. The Judiciary sought the assistance of NCSC for an objective evaluation of court operations in an effort to improve the delivery of justice. The consultants provided model personnel and procurement policies, rules and regulations. Their work was funded through a grant provided by the State Justice Institute.

Mr. Doerner is NCSC’s Principal Court Management Consultant and

has conducted operational and financial process assessments in numerous courts across the nation. Ms. Masias is the Director of Human Resources for the Colorado Judicial Department and an adjunct professor at the University of Denver College of Law.

The project began with a personnel questionnaire emailed to every Judiciary employee. After analyzing the questionnaire’s results, the consultants conducted a two-week site visit to observe firsthand how the Judiciary operates.

The consultants met personally with the three Supreme Court justices and

received detailed information about court governance.

“This comprehensive review underway and the final report and recommendations will improve the delivery of judicial services to the Commonwealth, despite severely limited resources,” said Chief Justice Alexandro C. Castro.

The National Center for State Courts is a non-profit organization headquartered in Williamsburg, Virginia and is dedicated to improving the administration of justice in the United States and throughout the world.

Group meetings were held to explain the intent of the evaluation and discuss the process.

NCSC Consultants Evaluate Judiciary EfficiencyNCSC Consultants Evaluate Judiciary Efficiency

22

ADMINISTRATION REPORT The Judiciary 2013 annual Report

The consultants met with members of the CNMI Judiciary. Standing from left: Judges David A. Wiseman and Kenneth L. Govendo, Justice Perry B. Inos, Presiding Judge Robert C. Naraja, Chief Justice Alexandro C. Castro and Justice John A. Manglona. Seated from left: Mindy Masias, John Doerner and Judge Joseph N. Camacho.

National Center for State Courts Human Resources and Business Process consultants Mindy Masias and John Doerner, top row center, assemble together with CNMI Judiciary staff members as the on-site evaluation of the CNMI Judiciary’s staffing needs and productivity commence.

23

AADMINISTRATION REPORT The Judiciary 2013 annual Report

.

A

.

..

.

.

The Judiciary’s total budget allocation for FY 2013 was $3.73M, seven percent (7%) less than the FY 2012 budget allocation. The Judiciary’s budget continued to be constrained versus its needs to maintain its facilities, and upgrade its communications and technological infrastructure.

In FY 2013 alone, the CNMI Judiciary spent roughly 38% of its budget allocation for operations on repairs and maintenance for its aging facilities. In addition to maintenance and repairs on facilities, the Judiciary’s Information Technology department devoted 90% of its resources to addressing recurring problems associated with its antiquated technological infrastructure.

Located adjacent to the Department of Public Safety’s Bureau of Motor Vehicles, the CNMI Judiciary in fiscal

year 2013 alone, collected $1.7M worth of fines and fees, ranging from license and registration renewals to court orders and judgments. The majority of the transactions were conducted for the benefit of the Bureau of Motor Vehicles and other government agencies. The Judiciary serves as one of the CNM government’s busiest collection points. The traffic through the doors of the Guma Hustisia translates to higher costs for building maintenance and security operations.

Looking Ahead

The Judiciary continues to explore ways to cut costs. Our recent focus has been on:

High-tech courtrooms reduces the need for travel between islands trhough the increased use of digital media Reduction in energy consumption Fine-tuning air conditioning system to maximize system

performance and reduce energy costs Turning computers off on weekends Leveraging resources such as utilizing probationers for maintaining building exterior and interior Cross training staff to help fill gaps

CNMI Judiciary Budget

Juan Diego V. Tenorio Budget and Finance DirectorCNMI Judiciary

454,4473,394,441

400,6373,338,901

892,6663,107,334

332,0852,934,762

332,8842,927,765

Budget Analysis

24


A

In 2013, the Human Resources Office (HR Office) processed thirteen new hire contracts, twenty-nine employment contract renewals, eighteen position/title and salary restructurings, and ten contract completions/resignations/terminations.

Thirteen vacancy announcements were placed when required. The interview and selection process

carried through to completion. In addition, the HR Office initiated a review of the internal hiring procedures and worked with the director of courts and justices to improve the processing of new hires and the renewal of contract renewals. Improvements to interviewing and candidate evaluation practices were

explored. Flow charts of the complete hiring routine were developed and made available.

Assistance to Visiting Consultants

Consultants from the National Center of State Courts (NCSC) conducted a personnel study of the CNMI Judiciary, in part to determine how the Judiciary’s

personnel could most efficiently be utilized. Before and during their site visit, the HR Office assisted the NCSC’s team. The HR Office helped NCSC by providing an accurate employee listing that included complete position descriptions and participating in the choice of employees for the select in-person interviews.

Policies

During 2013, two policies (memorandums) were adopted by the Judicial Council that addressed and incorporate changes to the ethics and dress code.

HUMAN RESOURCES OFFICEPersonnel Processing

NCSC Project Team members from left: LRC Executive Director Michael Stanker, Special Assistant to the Presiding Judge Sonia Camacho, Justice John A. Manglona, NCSC consultants Mindy Masias and John Doerner, Human Resource Administrator Michelle V. Guerrero, Superior Court Clerk of Court Patrick V. Diaz, Budget and Finance Director JD Tenorio, and Supreme Court Clerk of Court Deanna M. Ogo.

Acting Director Sonia Camacho presenting at astaff development workshop.

Human Resources Administrator Michelle V. Guerrerocoordinates the staff development program.

Staff Training and Professional Development Workshops

The office also continued staff training and professional

development workshops begun in the previous year. Areas of professional development were sought to cover topics dealing with information technology, court rules and procedures, customer service, and health and welfare, among other things.

25


A

In 2013, the Human Resources Office (HR Office) processed thirteen new hire contracts, twenty-nine employment contract renewals, eighteen position/title and salary restructurings, and ten contract completions/resignations/terminations.

Thirteen vacancy announcements were placed when required. The interview and selection process

carried through to completion. In addition, the HR Office initiated a review of the internal hiring procedures and worked with the director of courts and justices to improve the processing of new hires and the renewal of contract renewals. Improvements to interviewing and candidate evaluation practices were

explored. Flow charts of the complete hiring routine were developed and made available.

Assistance to Visiting Consultants

Consultants from the National Center of State Courts (NCSC) conducted a personnel study of the CNMI Judiciary, in part to determine how the Judiciary’s

personnel could most efficiently be utilized. Before and during their site visit, the HR Office assisted the NCSC’s team. The HR Office helped NCSC by providing an accurate employee listing that included complete position descriptions and participating in the choice of employees for the select in-person interviews.

Policies

During 2013, two policies (memorandums) were adopted by the Judicial Council that addressed and incorporate changes to the ethics and dress code.

Listed below are the twenty-eight individual classes conducted over the course of the year to improve personal and professional skills:

Code of Conduct

Customer Service for Court Staff

Sexual Harassment

Managing Workplace Drug and Alcohol Issues

Relaxation and Breathing Techniques

Computer Training (Word)

Computer Training (Excel)

Food and Nutrition

Zumba Fitness

Cooking the Healthy Way

Smoking Cessation

Health Screening

Timekeeper’s Workshop – Session 1

Court Rules: Civil Procedures

Crossfit

Handling Your Finances

Eye Check and Assessment

Hands-only CPR I

Hands-only CPR II Computer TrainingGentle Yoga Computer Training

Computer Training – iPad workshop (Notability, Keynote, Good Reader)

Criminal Rules and Procedures

Appeals Process Training – Part I

Criminal Rules and Procedures: Appeals Process Training – Part II

Holiday Activity – Stamping

Affordable Care Act

Holiday Activity – Ornament Making

The trainings on the Affordable Care Act and Ethics were the most widely attended.

Staff Training and Professional Development Workshops

The office also continued staff training and professional

development workshops begun in the previous year. Areas of professional development were sought to cover topics dealing with information technology, court rules and procedures, customer service, and health and welfare, among other things.

Law Clerk Cindy Nesbit conducts training

Joanne Hamilton Aldan of Bank of Hawaiiconducts How to Handle Your Finances.

Judge Camacho participates in the healthscreening program.

Michelle Guerrero partakes in the Eye Check andAssessment workshop.

Nerissa Camacho teaches Cookingthe Healthy Way.

JoLynn Guerrero and Sean Smith take part inthe Food and Nutrition Seminar.

Judge David A. Wiseman and judiciary staff assemble for a photo opportunity after the “Court Rules:Civil Procedures” Training.

26


Lucy S. Deleon Guerrero, Commonwealth Recorder

ACommonwealth Recorder’s O�ce

27

The Commonwealth Recorder’s Office is the depository for certificates of title, land records, and maps, dating back to 1983.

Also on file are Uniform Commercial Code filings, as well as birth, death, and marriage certificates dating back sixty years.

A determined effort is being made to electronically scan all paper records for preservation and quick accessibility.

Month and Year-To-Date Report2013


Digitalization Project

In 2013, more than 20,000 documents were electronically scanned, beginning with the most recent and going back to the first on record in 1983.

Scanning Progress Report

A

Documents No. of Binders No. of Entries Total Entries

2013201220112010

18252222

2,1192,3922,0301,890

2,1194,5116,5418,431

28

Land and Map Records


A

Building Superintendent Gerald E. Weaver

Building and Maintenance

Major projects during 2013 included replacing the Tinian courthouse’s exterior lighting and repairing the judge’s bench and exterior office doors. Forty-four pieces of exterior lighting fixtures were removed and

replaced with eight exterior lamp holders that have protective light cages. The goal is to reduce utility consumption. Wood on the judge’s bench, which had rotted away, was replaced. The entrance doors were recoated.

Replacement of the step down transformer at the Guma’ Hustisia began with the report of a leak of the transformer and progressed

Tinian Courthouse Guma’ Hustisia’s transformer replacement project

to the eventual replacement of the original 1500 KVA transformer with a new 1000 KVA unit for a cost of $61,000.00.

Sliding gates to secure parking areas and the underground garage entrance were restored to operation. Interior alterations at the Guma Hustisia were completed to make better use of the available work space.

Guma’ Hustisia parking lot painted

2729

Tinian Courthouse bench restored


AInformation Systems Unit

Computer Specialist John J. Demapan

System Administrator Michael Villacrusis

Audio / Video System, iPads, and Phone System Upgrades

Superior Courts microphones, speakers, amplifiers, and mixers were replaced. This improved the quality of case recordings and sound quality in the courtrooms. New lapel microphones were acquired for the Supreme Court and configured for use in both scheduled proceedings and events. The fifteen-year-old mixer was finally replaced, which completed the audio system upgrade that should last for several years.

Additionally, large TV screens for visual presentations during meetings, judiciary events, and court proceedings have been introduced into the Supreme Courtcourtroom. A matrix interface allows Apple TV technology to wirelessly connect iPads to video displays and for laptops to be connected in a central location for display output.

Planning has begun for technological advances in the

Superior Court courtrooms to meet the demands of jury trial. Increasing the number of microphones for better recording purposes and video displays for the jury box are among the first improvements to be made.

The Judiciary further embraced new technology and a go-green mentality with the purchase of iPads for the justices, judges, and managers. They were encouraged to use their iPads to store meeting documents and presentations instead of providing printouts. This reduces paper and toner usage. As an alternative to laptops, the Judiciary adopted the iPad because of its processing, lower costs and greater portability.

Document Imaging Accounting Data Base Capabilities Revamped

The Judiciary’s document imaging capabilities were enhanced with an upgrade of Laserfiche and the installation of scanning stations in different departments. This helps the Judiciary to efficiently maintain electronic case files and avoid data deterioration caused by the elements. Documents in the Judiciary are being continuously scanned, but the digitalization of the Commonwealth Recorders Office’s historic documents is currently the project’s main focus. The goal is to have all documents in electronic format and available to the public.

The security and tracking capabilities of the accounting department’s database were improved during the year. This improved the department’s efficiency and accuracy.

The fiduciary databases for the islands of Saipan, Tinian, and Rota have all been updated and the department’s general accounting software has been updated to the latest versions.

Judiciary Training Room and Website Enhancements

The Criminal Justice Information System (CJIS) training room was renovated. The room was also fitted with six computer units funded by CJIS for the use of its members’ training activities

The forms available on the Judiciary’s website for download were expanded to include all the Family Court forms. Job vacancy announcements, court decisions, court calendars, and announcements are regularly updated as circumstances require.

30


LThe Law Revision Commission (LRC) experienced significant changes and accomplished major objectives in 2013. Most significantly, the Commonwealth Code and Commonwealth Administrative Code were placed on www.cnmilaw.org in December. Both codes are available free of charge and are the latest codified versions of the Commonwealth's statutes and regulations. With the release of these products online, the Commonwealth joins almost all other U.S. jurisdictions in making their laws freely available to people anywhere in the world. In addition to the online release of the codes, LRC's other legal publications, including the 2010 Commonwealth Code Books and 2007 Folio CD, received regular updates. Finally, with a grant from the Criminal Justice Planning Agency, LRC published a Law Enforcement Officers Handbook containing all

COMMISSION MEMBERSChief Justice Alexandro C. Castro

Chairman

MEMBERS

Senator Ray N. Yumul

Representative Christopher D. Leon Guerrero

Attorney General Joey Patrick San Nicolas

Bar Association RepresentativeBruce L. Mailman, Esq.

of the CNMI's criminal laws. The book was made available free of charge to all Commonwealth law enforcement officers and serves as a quick, easy-to-use reference for officers in the field.

There were also significant changes in the membership of the Commission and the staff. The composition of the Commission changed with the additions of Senator Ray N. Yumul and Representative Christopher D. Leon Guerrero. These two members provided valuable insights and championed the

Commission's causes in the Legislature during 2013. New staff members included Michael A. Stanker, Executive Director, Michael T. Witry, Staff Attorney, and

Relihna I. Iakopus, Publication's Clerk. Finally, LRC would be remiss to not mention that its longest serving employee, Albert A. Hicking, who was recognized for his twelve years of outstanding service when the Commission Members presented him with a plaque commemorating his distinguished performance and

dedicated service.

Executive Director Michael A. Stanker

Staff Attorney Michael T. Witry

Web Page Manager Albert A. Hicking

3131

LAW REVISION COMMISSION REPORT The Judiciary 2013 annual Report

5th Law and the Freshman Legislator Seminar

Law Week Activities

15th Annual High School Mock Trial Competition

3rd Annual Law Day Poster and Essay Contest

29th Annual Attorney General’s Cup Speech Competition

Judges in the Classroom

Early 20th Century Photos of Micronesians on Display

Law Students Provide Help, Serve the CNMI Judiciary

Judiciary Conducts Fifth Law and the Freshman Legislator Seminar On Thursday, January 10, 2013, the Commonwealth Judiciary conducted the fifth Law and the Freshman Legislator seminar, a biennial seminar specifically designed for incoming legislators. The half-day program included a condensed course on the Covenant and Constitution, an overview of the judiciary process, and an

opportunity for interactive dialogue between first-time

representatives

and members of the Judiciary.

Eight of the nine newly elected legislators attended this year’s event:

Representatives-elect Antonio R. Agulto, Anthony T. Benavente,

Roman C. Benavente, Lorenzo I. Deleon Guerrero,

Christopher D. Leon Guerrero,

John Paul P. Sablan, Mariano Taitano, and Ralph N. Yumul.

(Richard B. Seman could not attend due to

transportation limitations from Rota.)

Fifty-three legislators have now participated in the program since its inception in 2004 and all have highly recommended that the program continue.

Chief Justice Alexandro C. Castro opened the Fifth Law and the Freshman LegislatorSeminar, providing an overview of the Covenant and U.S. and CNMI Constitutions.

The seminar agenda consisted of four sessions covering:

(1) the Covenant, the United States Constitution, and the NMI Constitution; (2) the role of the Courts; (3) statutory interpretation; and (4) the basics of legal research.

Presenters included Chief Justice Alexandro C. Castro, Associate Justice John A. Manglona, Associate Judge David A. Wiseman, Associate Judge Kenneth L. Govendo, Chief Judge of the U.S. District Court for the NMI Ramona V. Manglona, and Executive Director of the Commonwealth Law Revision Commission Heather L. Kennedy.

The Northern Mariana Islands Historic Society sponsored a roundtable discussion and luncheon held after the formal presentations. This provided the new legislators with the opportunity to interact in a question and answer session with the justices and judges. Issues discussed focused on questions submitted by the legislators concerning mandatory drug sentences vs. judicial discretion, submerged lands, the retirement funds dilemmas, and the enforcement of a judgment.

The legislators were presented with a copy of the Northern Mariana Islands Historic Society’s book, the Northern Mariana Islands Judiciary – a Historical Overview. The books distributed were signed by all current judges and justices of the CMNI Judiciary along with the Chief Judge of the U.S. District Court for the NMI.

The Judiciary and the Freshman Legislators

Standing from left: Associate Judge Joseph N. Camacho, Associate Judge Kenneth L. Govendo, Rep. Anthony T. Benavente, Rep. Roman C. Benavente, Associate Justice Perry B. Inos, Rep. Antonio R. Agulto, Associate Judge David A. Wiseman, Rep. Ralph N. Yumul and Rep. Mariano TaitanoSeated from left: Chief Judge U.S. District Court for the NMI Ramona V. Manglona, Associate Justice John A. Manglona, Rep. Lorenzo I. Deleon Guerrero, Chief Justice Alexandro C. Castro, Rep. Christopher D. Leon Guerrero, Presiding Judge Roberto C. Naraja and Rep. John Paul P. Sablan

33

CCOMMUNITY OUTREACH & EDUCATION The Judiciary 2013 annual Report

Judges Govendo and Wiseman joined Justice Manglona in a discussion of the role of courts with the new representatives.

On Thursday, January 10, 2013, the Commonwealth Judiciary conducted the fifth Law and the Freshman Legislator seminar, a biennial seminar specifically designed for incoming legislators. The half-day program included a condensed course on the Covenant and Constitution, an overview of the judiciary process, and an


representatives












U.S. District Court for the NMI Chief JudgeRamona V. Manglona spoke on statutory construction.

Law Revision Commission Executive DirectorHeather Kennedy, Esq. discussed legal research.


Legislators in attendance



Feedback from the legislators was positive for all

presentations. �e legislators particularly enjoyed the

discussion between Justice John A. Manglona,

Judge David A. Wiseman and Judge Kenneth L. Govendo about the role of the Courts

and the common law.

34


On Thursday, January 10, 2013, the Commonwealth Judiciary conducted the fifth Law and the Freshman Legislator seminar, a biennial seminar specifically designed for incoming legislators. The half-day program included a condensed course on the Covenant and Constitution, an overview of the judiciary process, and an


representatives















During a break, the freshman legislators visited the Superior Court Clerk’s officeand received a briefing on the status of the Office of Adult Probation fromChief Ursula Lifoifoi-Aldan.

The legislators with the justices and judgeson a roundtable discussion

35


C

Law Clerk Sean J. Lowe, coach for Marianas Baptist Academy, references one of the finer points of a legal argument.

Andrea Manese of Mount Carmel School

Students participate in the daylong competition.

The CNMI Bar Association, with assistance from the Judiciary, hosted the 2013 CNMI High School Mock Trial Competition on March 7th and March 8th at the Guma Hustisia/ Iimwal Aweewe/ House of Justice in Susupe, Saipan.

Mock trial is a scholastic competition between both public and private schools throughout the CNMI. The CNMI High School Mock Trial competition was started in 1999 by the CNMI Bar Association and former Justice Ramon Villagomez as a way to introduce high school students to the justice system.

During the competition students portray the role of attorneys and witnesses that must present both sides of the case as the plaintiff and defense. The students are judged based on their knowledge of the evidence as well as their ability to present a logical and persuasive case. CNMI judges and attorneys serve as the presiding judges and jurors.

15th AnnualHigh School Mock Trial Competition

The goals of the competition include the promotion and furtherance of the understanding and appreciation of the judicial system, court procedures and the rule of law.

The winning team in 2013 was Mount Carmel High School, beating the previous year’s champions from Marianas Baptist Academy. The Mount Carmel students went on to the national competition in Indianapolis, Indiana, where they finished twenty-seventh.

The young attorneys and witnesses gathered in the Supreme Court for the opening ceremony.

36

COMMUNITY OUTREACH & EDUCATION The Judiciary 2013 annual Report

C

Third Annual Law Day Poster and Essay Contest

Awardees in the Third Annual Law Day Poster and Essay Contest (standing from left): Representative of the CNMI Bar Association Maya Kara, Judge Kenneth Govendo, Justice John Manglona, Speaker of the House of Representatives Joseph Deleon Guerrero, Senate Vice-President Victor Hocog, Chief Justice Alexandro Castro, Justice Perry Inos and Presiding Judge Robert Naraja.

Winners of the third annual Poster and Essay Contest for elementary and junior high school students were announced during the annual Law Day celebration on April 25, 2013 in the Supreme Court courtroom. Submissions were based on the 2013 Law Day theme – Realizing the Dream: Equality for All.

Presiding Judge AwardGlen MatalogWilliam S. Reyes Elementary School

Associate Judge AwardKim Na Eun

Garapan Elementary School

Superior Court AwardRoyce Ben

Garapan Elementary School

Honorable MentionTiffany HyunWilliam S. Reyes Elementary School

Honorable MentionJeremiah Joel C. FernandezGarapan Elementary School

Poster Contest Winners

Glen Matalog of William Reyes Elementary School won the first place

(Presiding Judge Award).

37


C

Chief Justice Award

Jacqueline Doctor

Mount Carmel School

Associate Justice Award

Angelica S. Lucero

Eskuelan San Francisco de Borja, Rota

Supreme Court Award

Andrew Kim

Mount Carmel School

Honorable Mention

Eric Lee

Mount Carmel School

Honorable Mention

Aaron Cushing

Mount Carmel School

Essay Contest Winners

Jacqueline Doctor of Mount Carmel School received Chief Justice Award for her first place finish.

38


C29th Annual Attorney General’s Cup Speech Competition

High school students from Saipan, Tinian, and Rota competed in the 29th Annual Attorneys General’s Cup on May 3, 2013 in the Supreme Court Courtroom. Through the dedicated efforts of the Office of the Attorney General, CNMI Bar Association, and the Commonwealth Judiciary, the competition has continued as an important and prestigious student event that fosters critical thinking

and promotes public speaking among the Commonwealth’s youth.

This year, the students discussed the timely and relevant subject of whether the Northern Islands should be developed or preserved. Present during the competition and the event’s inspirational speaker was Councilman Diego Kaipat, a native of the Northern Islands. He encouraged members of the

The winner of the 2013 competition was Anastasia Schweiger, pictured with her parents, Tom and Rose Schweiger, Attorney General Joey P. San Nicolas and her coach Galvin Deleon Guerrero. Schweiger argued in opposition to economic development in the Northern Islands.

community to visit the chain of islets in the north to really “feel the heart” of the islanders who will be impacted by whatever plans and changes this government may have for their “homes.”

The speeches were scored by a panel of judges including Attorney General Joey P. San Nicolas; former attorneys general Chief Justice Alexandro C. Castro, Presiding Judge Robert C. Naraja, retired Presiding Judge Edward Manibusan, Rexford Kosack, Pamela Brown, Robert Torres and Matthew Gregory; U.S. Attorney Alicia Limtiaco; and Guam Attorney General Leonardo Rapadas.

Guam Attorney General Leonardo M. Rapadas, Presiding Judge Robert C. Naraja and U.S. Attorney Alicia G. Limtiaco

Former Attorneys General Matthew Gregory and Rexford Kosack

Mona Sierra Manglona, Dr. Rita Hocog-Inos High School, 2nd Place

Alina Ishikawa,Marianas Baptist Academy,3rd Place

Councilman Diego Kaipat, Keynote Speaker Justice Perry B. Inos and Lt. Governor Jude U. Hofschneider

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C

CNMI students of all grade levels welcomed members of the Judiciary into their classrooms during the months leading up to the annual celebration of Law Week and Law Day, April 25th to May 3rd, 2013. These special visits to schools in our community were part of the Judges in the Classroom program, an annual community education outreach effort conducted by the Judiciary.

Chief Justice Alexandro C. Castro and Associate Justice John A. Manglona began this year’s series with students at Marianas High School. Discussions focused on the Law Day 2013 theme, “Realizing the Dream – Equality for All.” The role of courts in our society, their relationship to the legislative and executive branches of government, and uniform civil rights were among subjects explored by the justices with the students.

Grace Christian Academy, Saipan Southern High School and Mount Carmel High School were visted in March and April.

Judges Kenneth L. Govendo and David A. Wiseman at Marianas High School

Judges in the Classroom

Chief Justice Alexandro C. Castro and Associate Justice Perry B. Inos at Southern High School

Chief Justice Alexandro C. Castro and Associate Justice Perry B. Inos at Southern High School

Associate Justice John A. Manglona

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C

The Pacific Collection photo exhibit, courtesy of the CNMI Museum of History and Culture, is now on display in the Guma’ Hustisia. The display features thirty-six pictures capturing the cultural life of indigenous Micronesians during the period of 1914-1927. The exhibit has attracted a number of visitors to the Guma’ Hustisia.

Early Twentieth Century Photos of Micronesians on Display

Taken by Japanese photographers, the portraits of fishermen at their tasks, dancers in action, and more are believed to have been intended for Japanese publications of the time. The collection came into the Museum’s possession as a result of a donation at the beginning of this century and is available for public viewing during normal business hours of the court facilities.

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C

In front of the Guma’ Husticia, Iiwail Aweewe, House of Justice are from left:Frannie T. Demapan, Richard D. Baxley, Charles P. Reyes, and Kyle M. Jones. Not pictured: Oliver M. Manglona

Each year the CNMI Judiciary invites law students from across the nation to serve as legal externs and experience firsthand the inner workings of the judiciary by assisting the justices and judges with research and writing. In 2013, among the many applicants for the positions were five law students with different and interesting plans. Three of the summer externs participated in the Judiciary’s Pre-Law Program conducted periodically to familiarize participants with the rigorous demands of law school.

Richard D. Baxley, a third year law student at Georgetown University Law Center in Washington, D.C., has been drawn to maritime/ admiralty law and particularly to Saipan by his father and grandfather’s accounts of their U.S. Navy experiences in the Western Pacific between Honolulu and Guam. Baxley, assigned to the Supreme Court, had legal internships with the Federal Maritime Commission and the U.S. Maritime Administration.

Frannie T. Demapan, assigned to the Family Court, recently completed her first year at the University of Hawaii William S. Richardson School of Law. She participated in the Judiciary’s

Pre-Law Program of 2010. She said the program “prepared [her] for the workload one experiences in the first year of law school.” “Yes,” she exclaimed on being asked if the first year was as difficult as it is said to be. “There’s a lot of reading, constant study, the need to stay focused and participate in the classes.”

Kyle M. Jones, a second year law student at the University of Southern California School of Law “won’t be a lawyer if all goes well.” He desires to become a talent agent

or movie producer. His focus is on contract and property law, intending to help his future clients from being taken advantage of and making the most out of their opportunities. Jones clerked for the Supreme Court. When asked about Saipan, Jones said, “It is great. It’s paradise and good for my soul.” After his externship, he interned at a talent agency in San Francisco.

Oliver M. Manglona, who is in his last year of law school at the University of Hawaii William Richardson School of Law, clerked for Presiding Judge Robert C. Naraja in early July. He hopes to work as a law clerk for the CNMI Judiciary after he graduates in May 2014. Manglona, a graduate of the Judiciary’s Pre-law Program of 2010, is interested in criminal law and says he cannot wait to be in the courtroom.

Charles Reyes Jr., also a third year law student, attends the University of Idaho School of Law where he has made the Dean’s List every semester. He clerked for Associate Judge Joseph N. Camacho. Reyes is following a less traditional path to the legal profession. Prior to entering law school, he was Governor Benigno R. Fitial’s Press Secretary and Assistant Manager for Office Operations on Saipan for the 2010 U.S. Census. Reyes participated in the Judiciary’s Pre-Law Program of 2002.

Law Students Provide Help,Serve the CNMI Judiciary

42


Pacific Judicial Council Conference

Nine New Attorneys Admitted to the Northern Mariana Islands Bar

EPACIFIC JUDICIAL COUNCIL CONFERENCE

Changing Islanders’ Lives and Building Promising Futures

On August 6, 2013, Chief Justice Alexandro C. Castro kicked off the 2013 Pacific Judicial Council Conference “Probation and Pretrial Officer Training” with a warm welcome to participating justices and judges from neighboring judiciaries, Governor Eloy S. Inos and U.S. District Court Chief Judge Ramona V. Manglona. A group of presenters addressed the probation officers and the other conference attendees on the theme: “Changing Islanders’ Lives and Building Promising Futures.”

The participants at the Pacific Judicial Council Conference – Probation and Pre-Trial Officer’s Training - Changing Islanders’ Lives and Building Promising Futures - August 6 to 9, 2013

Challenges and experiences shared during the conference covered working with mentally ill clients, stretching limited resources and supervision and management of sex offenders. Presenters also addressed pre-sentencing report writing and the challenges with searches and

Frances Tydingco-Gatewood, Chief Judge, District Court of Guam; Benjamin Rodriquez Chief Justice, Pohnpei Supreme Court

Frances Tydingco-Gatewood, Chief Judge, District Court of Guam and James Schloetter, Assistant Deputy Chief Probation Officer, Northern District of California (San Francisco)

Anita A. Sukola, Judge, Guam Superior Courtand Ramona V. Manglona, US Chief Judge, NMI

Joseph N. Camacho, Judge, CNMI Superior Court

seizures. On hand from the CNMI Office of Adult Probation were Ursula

Lifoifoi-Aldan, Chief Probation Officer and Simram Simram, Supervising Probation Officer.

44

EVENTS The Judiciary 2013 annual Report

E

On August 6, 2013, Chief Justice Alexandro C. Castro kicked off the 2013 Pacific Judicial Council Conference “Probation and Pretrial Officer Training” with a warm welcome to participating justices and judges from neighboring judiciaries, Governor Eloy S. Inos and U.S. District Court Chief Judge Ramona V. Manglona. A group of presenters addressed the probation officers and the other conference attendees on the theme: “Changing Islanders’ Lives and Building Promising Futures.”

Left to right: Robert C. Naraja, Presiding Judge, CNMI Superior Court; Ramona V. Manglona, Chief Judge, U.S. District Court; Benjamin Rodriguez, Chief Justice, Pohnpei Supreme Court; Robert C. Torres, Justice, Guam Supreme Court; Alexandro C. Castro, Chief Justice, CNMI Supreme Court; Eloy S. Inos, Governor of the CNMI; Michelle Spidell, Pretrial and Probation Administrator, Administrative Office of the U.S. Courts; James Schloetter, Assistant Deputy Chief Probation Officer, Northern District of California (San Francisco); Frances Tydingco-Gatewood, Chief Judge, District Court of Guam; Christopher Hansen, Chief Probation Officer, Solano Courty, California, and Renee Lorda, Assistant Circuit Executive for Judicial Conference and Education.

Challenges and experiences shared during the conference covered working with mentally ill clients, stretching limited resources and supervision and management of sex offenders. Presenters also addressed pre-sentencing report writing and the challenges with searches and

Ramona V. Manglona, Chief Judge, U.S. District Court spoke before probation and pretrial officers from across the Pacific Region on the subject of pre-sentencing reports: “What do judges want?” Accompanying her on the panel were from left to right Frances Tydingco-Gatewood, Chief Judge, District Court of Guam; Benjamin Rodriquez, Chief Justice, Pohnpei Supreme Court; Anita A. Sukola, Judge, Guam Superior Court, and Joseph N. Camacho, Judge, CNMI Superior Court.

seizures. On hand from the CNMI Office of Adult Probation were Ursula

Conference presenters from left: Rossanna Villagomez-Aguon, U.S. Chief Probation Officer, U.S Probation for Guam and the CNMI; Christopher Hansen, Chief Probation Officer, Solano County, and Michelle Spidell, Pretrial and Probation Administrator, Administrative Office of the U.S. Courts.

Lifoifoi-Aldan, Chief Probation Officer and Simram Simram, Supervising Probation Officer.

45


E

CHIEF JUSTICE ALEXANDRO C. CASTRO

BAR PRESIDENT SEAN E. FRINK, Esq.CHIEF JUDGE FRANCES TYDINGCO-GATEWOOD

Nine New Attorneys Admitted to the Northern Mariana Islands Bar

Nine attorneys were admitted to the Northern Mariana Islands Bar during ceremonies held in the Supreme Court Courtroom on October 4, 2013. Chief Justice Alexandro C. Castro opened the ceremony and Chief Judge Frances Tydingco-Gatewood of the District Court of Guam gave the keynote speech.

Sean E. Frink, Esq., President of the NMI

Bar Association, presented the applicants for admission.

In keeping with the tradition of the ceremony, each newly sworn-in attorney was asked to provide

impromptu remarks about their

experiences leading up to their

admission to the bar.

Top Row: Judge David A. Wiseman, Presiding Judge Robert C. Naraja, Justice John A. Manglona, Chief Justice Alexandro C. Castro, Justice Perry B. Inos, Judge Kenneth L. Govendo, Judge Joseph N. Camacho, U.S. District Court for the NMI Chief Judge Ramona V. Manglona, U.S. District Court of Guam Chief Judge Frances Tydingco-Gatewood, NMI Bar Association President Sean E. Frink, Esq.

Bottom Row: Newly admitted attorneys Charles Edmond Brasington, Daniel T. Guidotti, Peter B. Prestley, Teresita Julia Sablan, Nicole Manglona Torres, Heather Pinaula Barcinas, Reena J. Patel, James B. McAllister, and Ryan M. Johnson

46


Leadership Changes at the Law Revision Commission

Judiciary Bids Farewell to Director of Courts Tracy M. Guerrero

T

With Heather L. Kennedy from the left are: Associate Justice Perry B. Inos, Chief Public Defender Doug Hartig, Associate Judge David A. Wiseman, Chief Justice Alexandro C. Castro, CNMI Bar Association President Sean E. Frink, CNMI Bar Association Representative to the Law Revision Commission Bruce L. Mailman, and Associate Justice John A. Manglona

Leadership Changes at the Law Revision Commission

On April 12, 2013 Heather L. Kennedy departed the CNMI Judiciary to serve as part-time Magistrate Judge and Clerk of Court at the District Court for the Northern Mariana Islands. She had joined the Law Revision Commission as a staff attorney in April 2007 and became its executive director in October 2008. Additionally, since 2010 she had served as the CNMI Judiciary’s Legal Counsel. During her four and half years as

Executive Director, the Commission published numerous legal publications, including Volumes 7-8 of the NMI Reporters, an updated CNMI Code (2010), and the first ever comprehensive Digest of Decisions and Citations, which contains analysis of CNMI case law from 1979-2011. She spearheaded the modernization of the Law

Revision Commission, which now provides an improved cnmilaw.org website with expanded search capabilities. Also, several invaluable resources were in the works at the time of her departure such as a CD of the CNMI statutes,

a Law Enforcement Officer’s Manual.

In addition to her efforts to make the CNMI’s law more accessible, Ms. Kennedy is also known in the community as the Mock Trial

Law Revision Commission Executive Director Michael A. Stanker

Coordinator. Her efforts to maintain and improve the high school mock trial program has allowed public and private high schools from all three islands to compete each year for a chance to represent the CNMI in the National Mock Trial Championships.

Taking over the reigns as Exectuive Director of the Law Revision Commssion is Michael A. Stanker, who had been with the Office of the Attorney General before his appointment. Michael came to the Commonwealth in 2009 as a law clerk for the CNMI Supreme Court. Michael’s responsibilities as the Executive Director of the Law Revision Commission include codification of public laws, administrative regulations and creating a reporter system for CNMI Supreme Court cases.

Chief Justice Alexandro C. Castro stated, “Michael was one of the Supreme Court’s best law clerks. He gained the respect of the CNMI and Guam Supreme Court justices, and when he left the Court, the Guam justices expressed interest in hiring him based on his work with them while they sat as justice pro tems in the Commonwealth. I

am thrilled to have him back in the Judiciary.”

“Michael was one of the Supreme Court’s best law clerks .... I am thrilled to have him back in the Judiciary.”

- Chief Justice Alexandro C. Castro

48

TRANSITIONS The Judiciary 2013 annual Report

T

Justices, judges and members of the CNMI Judiciary staff gathered on May 9, 2013 to bid farewell to Tracy M. Guerrero, Director of Courts. Chief Justice Alexandro C. Castro thanked Ms. Guerrero for helping to tear down the imaginary wall that existed between the Supreme and Superior Courts. “As Director of Courts,” he said, “you brought the Commonwealth Judiciary closer together and helped transform us into a cohesive third branch of government rather than two separate courts. Your contributions will be felt for a long time to come. You are an excellent financier, and I could always count on you to provide us with accurate and timely financial information. You will be

missed by all of us, and I wish you luck in your new endeavors at the Northern Marianas College."

Presiding Judge Robert C. Naraja noted in his remarks that as a fearless champion of the budget, Tracy had worked passionately and competently to improve the financial infrastructure and functioning of the court. “Beyond numbers,” the

Judiciary Bids Farewell to Director of Courts Tracy M. Guerrero

From left to right: District Court Clerk of Court Heather L. Kennedy, Judge David A. Wiseman, Presiding Judge Robert C. Naraja, Judge Kenneth L. Govendo, IT Systems Manager Michael C. Villacrusis, Chief Justice Alexandro C. Castro, Patrick Diaz, Director of Courts Tracy M. Guerrero, LRC Executive Director Michael A. Stanker, Human Resource Administrator Michelle V. Guerrero, Family Court Manager Joseph K. Villagomez, Justice Perry B. Inos, Chief Probation Officer Ursula I. Lifoifoi-Aldan, Evelyn P. Calvo, Deputy Director of Courts Sonia A. Camacho

Presiding Judged said, “Tracy was concerned about the needs of all the court staff, and with superior peoples skills she kept moral high.”

Justice Perry B. Inos, Judge David A. Wiseman, Judge Kenneth L. Govendo offered their praise for Tracy’s detail-oriented, business-like, yet personable contribution to the Judiciary. Chief Justice Castro presented Tracy with a plaque expressing a genuine appreciation for her efforts.

Tracy joined the Judiciary as its Director of Courts in 2008, assuming overall responsibility for administrative management, having previously worked as a senior analyst for the U.S. Government Accountability Office in California. She obtained her bachelor's degree from the University of California at Berkeley and her master's degree in business administration from California State East Bay. She has accepted the position as Chief Financial Officer for the Northern Marianas College.

Tracy M. Guerrero

“As Director of Courts,you brought the

Commonwealth Judiciary closer together...”

- Chief Justice Alexandro C. Castro

49

TRANSITIONS The Judiciary 2013 annual Report

The CNMI Judiciary held a memorial service on July 12, 2013 for Roxanne Marie Maratita Weaver. She was a deputy clerk for the Superior Court until she suddenly passed away over the Fourth of July weekend.

She is survived by her husband Gerald “Gene” W. Weaver, Building Superintendent for the Judiciary; five children, sons Justis, Pedro, Garrett and daughters Jourdon and Tori; her mother Victoria Reyes Maratita; three brothers, and one sister.

Roxanne began working for the Judiciary on August 15, 2011, after eleven years with the NMI Retirement Fund, preceded by two years each with

the Marianas – Hawaii Liaison Office and Carlsmith Ball Wichman Case and Ichiki.

The Honorable Chief Justice Alexandro C. Castro presented a service appreciation plaque to Roxanne’s husband, inscribed: “To Roxanne M. Weaver, whose dedication and commitment to the CNMI Judiciary are hereby recognized and appreciated. Time will never erase the work she accomplished in the Judiciary and the lives she positively affected.”

NThe Northern Marianas Judiciary Historical Society was founded in November of 2003 as a non-profit corporation intent on increasing public knowledge of the judiciary. This goal would be achieved through acquisition and dissemination of knowledge concerning the history of the Commonwealth judiciary and sponsorship of educational events and activities in the community. The Pre-Law Program, the biennial Law and the Freshmen Seminars, and the Judges in the Classroom outreach efforts have helped knowledge and experience. For the younger members of our society, the Mock Trial and the Attorney General’s Cup competitions have been annual focuses of the Society’s attention and resources. Additionally, the Society has acquired and preserved documents, objects of personal property, memorabilia, and pictures associated with the persons and events of the Judiciary. Displays are maintained for visitors’ viewing within the Commonwealth courts.

One of the Northern Marianas Judiciary Historical Society’smajor goals is the facilitation and

sponsorship of educational events with a legal or rule of law theme for the communities’ youth. In the Spring of 2013, contributions were made to the Mock Trial awards celebration, to the Attorney Generals’ Cup competition, and to the third annual Law Week Essay and Poster Contest for which the theme was “Realizing the Dream: Equality for All.” The contest had more participants than prior years and a new feature was added to the award proceedings. Jacqueline Doctor from Mount Carmel School, the winner of the Essay Contest, was asked to read her essay.

The Judiciary Historical Society sponsored a roundtable discussion and luncheon after the formal presentations of the fifth Law and the Freshman Legislator seminar, a biennial seminar specifically designed for incoming legislators conducted by members of the Judiciary. The half-day program included a condensed course on the Covenant and Constitution, an overview of the judiciary process, and an opportunity for interactive dialogue between first-time representatives and members of the Judiciary. The luncheon provided the new legislators with the opportunity to interact in a question and answer dialogue with the justices and judges. Issues discussed in some depth were mandatory drug sentences versus judicial discretion, submerged lands, the retirement funds dilemmas, and the enforcement of a judgment. The Judiciary Historical Society gained a new trustee, by virtue of former Associate Judge Perry B. Inos’ ascension to the Supreme Court in March of 2013. His joining us brought the number of the Society’s trustees to its full complement of nine.

MEMBERSHIP

Honorary ChairmanChief Justice Alexandro C. Castro

Finance Committee ChairmanJuan S. Tenorio

TrusteesAssociate Justice John A. Manglona Presiding Judge Robert C. Naraja

Associate Justice Perry B. Inos Associate Judge Teresa K. Kim-Tenorio Johnnie Fong Michael Pai Timothy H. Bellas

... .51

NM JUDICIARY HISTORICAL SOCIETY The Judiciary 2013 annual Report

NVOTING MEMBERS

Alexandro C. CastroChief Justice

John A. ManglonaAssociate Justice

Perry B. InosAssociate Justice

Robert C. NarajaPresiding Judge

David A. WisemanAssociate Judge

NON-VOTING MEMBERS

Sean E. Frink, Esq.NMI Bar Association President

Tracy M. GuerreroDirector of Courts

(January - May 2013)

Sonia A. CamachoActing Director of Courts

(June 2013 - Present)

Juan Diego V. TenorioBudget and Finance Director

Deanna M. OgoClerk of the Supreme Court

Patrick V. DiazClerk of the Superior Court

Ursula Lifoifoi-AldanDeputy Director for Law Enforcement/

Chief Probation Officer

Michael A. StankerLegal Counsel/

Law Revision Commission Director

Martha B. MendiolaJudicial Assistant

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NMI JUDICIAL COUNCIL The Judiciary 2013 annual Report

The Judicial Council was established in December of 2009 by Supreme Court Rule to ensure fair, accountable, and efficient court management. The Council institutionalizes an administrative structure that strengthens public trust in the judicial branch. The Council oversees court administration, sets policies and procedures for the judicial branch, and performs other tasks. The Council’s authority mirrors the administrative authority given to the Supreme Court in the Constitution. The Council directs the activities of the Commonwealth courts and is responsible for adopting and applying rules for the administration of the courts as well as the oversight of court facilities.

The Council’s voting membership is comprised of the CNMI Chief Justice, the two associate justices, the Presiding Judge, and one of the associate judges. The President of the NMI Bar Association sits as a non-voting member.

The Judicial Council holds monthly meetings, usually on the second Wednesday of each month at 2:30 p.m. in the Supreme Court Courtroom. The public is invited to attend. Meeting dates and agenda notifications are available through the “General Administration” page of the Judiciary’s web page: www.justice.gov.mp.

J

.

SUPREME COURTDeanna M. OgoNora V. BorjaNicole M. TorresSean P. LoweJordan C. SundellIrene T. San NicolasMartha B. MendiolaIgnatia C. Aldan

SUPERIOR COURTSonia A. CamachoDavid J. EllisClaire M. Kelleher-SmithCindy A. NesbitCharity R. HodsonZachary T. RuetzRose Lynette M. CamachoVivian S. Dela CruzRebecca R. SantosJolynn A. Deleon GuerreroEvelyn P. CalvoJason D. Kelley JUDICIARY ADMINISTRATIVE OFFICEJuan Diego V. TenorioMichael C. VillacrusisGerald E. WeaverMichelle V. GuerreroJim W. StowellJohn B. DemapanSteven S. CabrerraRaymond C. BabautaAnthony P. BenaventeJesus S. SantosJuan E. K. AtaligCindy D. SerranoBenusto M. LisuaJuan E. Santos Jr.Antoinette Marie B. PajarilloJoseph M. Ogo Jr.

OFFICE OF THE CLERK OF THE SUPERIOR COURTPatrick V. DiazRosie Jane T. AdaDaisy S. MendiolaRoxanne M. WeaverKristy N. DiazLuis S. VillagomezGeorge M. Lisua Sabrina Lynn Dela CruzDelia S. MagofnaGlenn L. MaratitaMargarita D. HofschneiderEva P. CalvoAdelpha Lynn N. I. KapileoOkalani R. Shiprit

Clerk of Court Deputy Clerk of CourtLaw ClerkLaw ClerkLaw ClerkChambers AdministratorJudicial AssistantJudicial Assistant

Special Assistant to the Presiding JudgeLaw ClerkLaw ClerkLaw ClerkLaw ClerkLaw ClerkJudicial AssistantJudicial AssistantJudicial AssistantJudicial AssistantAccountant IIAccount Clerk II

Budget and Finance DirectorSystems AdministratorBuilding SuperintendentHuman Resources AdministratorPublic Information OfficerComputer Specialist 1Administrative AssistantBuilding & Grounds Maintenance WorkerDeputy Marshal IVDeputy Marshal IIIDeputy Marshal IIDeputy Marshal IDeputy Marshal IDeputy Marshal IDeputy Marshal IDeputy Marshal I

Clerk of Court Deputy Clerk IIDeputy Clerk IIDeputy Clerk IIDeputy Clerk IDeputy Clerk IDeputy Clerk IDeputy Clerk IDeputy Clerk IDeputy Clerk I (Rota)Deputy Clerk I (Tinian)Assistant Deputy ClerkRecords TechnicianRecords Assistant

OFFICE OF THE CLERK OF THE SUPERIOR COURTPatrick V. DiazRosie Jane T. AdaDaisy S. MendiolaKristy N. DiazLuis S. VillagomezGeorge M. Lisua Sabrina Lynn Dela CruzDelia S. MagofnaGlenn L. MaratitaMargarita D. HofschneiderEva P. CalvoAdelpha Lynn N. I. KapileoOkalani R. Shiprit

FAMILY COURT DIVISIONJoseph Kevin P. VillagomezNikita E. M. CabreraDelia Marie S. Calvo

COMMONWEALTH RECORDER’S OFFICELuise S. Deleon GuerreroMichelle L. Atalig

OFFICE OF ADULT PROBATIONUrsula I. Lifoifoi-AldanSimram D. SimramJuan R. AguonShirley Camacho-OgumoroOscar C. TorresJohn Peter D. Del RosarioMatilde H. BermudezPriscillia S. CabreraBarbara K. Santos LAW REVISION COMMISSIONMichael A. StankerMichael T. WitryAlbert A. HickingRelihna I. Iakopus

Clerk of Court Deputy Clerk IIDeputy Clerk IIDeputy Clerk IDeputy Clerk IDeputy Clerk IDeputy Clerk IDeputy Clerk IDeputy Clerk I (Rota)Deputy Clerk I (Tinian)Assistant Deputy ClerkRecords TechnicianRecords Assistant

Family Court ManagerVAWA Project AssistantClient Service Coordinator

Commonwealth RecorderAdministrative Assistant (Rota)

Chief Probation OfficerProbation Officer IIIProbation Officer IIProbation Officer IIProbation Officer I Probation Officer IProbation Officer IAssistant Probation OfficerProbation Clerk III

Executive DirectorStaff AttorneyWebsite and Office ManagerPublication Clerk

Commonwealth Judiciary's Division Managers, L-R: Sonia A. Camacho, Deanna M. Ogo, Michael Stanker, Patrick V. Diaz, Lucy S. Deleon Guerrero, Michelle V. Guerrero, Ursula Lifoifoi-Aldan, Joseph Kevin Villagomez, Michael Villacrusis, Evelyn P. Calvo, and Anthony P. Benavente.Not shown in photo is Budget and Finance Director Juan Diego V. Tenorio.

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JUDICIARY STAFF The Judiciary 2013 annual Report

For the Judiciary, workplace celebrations and gatherings are important for many reasons. For one, it brings our staff together: allowing us to socialize with one another more informally and helping build and strengthen relationships. Second, it enhances the culture of the workplace, making it fun and enjoyable. Third, celebrations and gatherings provide a means of recognizing personal and workplace achievements as well as milestones and showing appreciation for them in a public manner.

In 2013, the justices, judges and staff of the Judiciary came together for a number of activities and celebrations - inluding the Managaha family fun day, Labor Day picnic, traditional Judciary Thanksgiving luncheon, Christmas celebration, and Sweet Treats festivities.

commonwealth judiciary - 2013 annual report

Documents

law day activities

annual law day poster

judiciary family

display law students

delivery of judicial

annual reportmessage

newest judge

conflicts counsel program