NO RTHERN M A RIA NA ISLA NDS
JUDICIARY 2016 ANNUALREPORT
EXPANDING
JUSTICE 2 63 w w w .justice.gov.mp
Judiciary Conference on Strategic Planning
68 Attorney Professionalism Symposium
35 Drug Court in Action
INSIDE 3 M essage from the Chief Justice
6 Supreme Court 12 Superior Court 38 Judiciary Administrative Office
56 Law Revision Commission 60 Around the Judiciary
M ESSAGE FROM CHIEF JUSTICE
ALEXANDROC.CASTRO In 2016, t he Judicial Branch has focused on w ays t o provide efficient and accessible forum for t he fair adm inist rat ion of just ice. The Judiciary held a t w o-day int eract ive conference on st rat egic planning w it h t he court st aff and it s st akeholders. We conduct ed m ore t han fift y sessions t o evaluat e t he current affairs and assess t he w ay t he court s can im prove t o bet t er serve t he public. It w as a t im e of reflect ion and insight , com pelling us t o re-t hink and t o set at t ainable short -t erm and long-t erm goals t o t ransform how t he court conduct s it s business. Tw o t housand six t een also m arks a year of celebrat ion and opport unit y. We com m em orat ed t he ret irem ent of t he Honorable David A. Wisem an,
""Bynomeansarewecontent withour accomplishments... But weview challengesasanopportunitytogrow."" Superior Court ?s longest serving judge. Judge Wisem an served t he Judiciary for fift een years playing a significant role in m aint aining t he rule of law and in m aking valuable cont ribut ions in t he pursuit of just ice. I, on behalf of t he Com m onw ealt h of t he Nort hern M ariana Islands ( CNM I) Judiciary, ex t end him a Sen Dang?kulo Na Si Yu?us Ma?ase for his ex cellent leadership and service. Anot her not ew ort hy highlight w as t he launching of our long-aw ait ed Drug
Court . For m any years, w e have recognized t hat t radit ional sent encing w as inadequat e in bat t ling t he drug epidem ic in t he CNM I. Endeavoring t o reduce bot h t he subst ance abuse and recidivism , t he Judiciary w orked relent lessly t o creat e a program w hich incorporat es drug dependency t reat m ent w it h court supervision. Follow ing t he passage of t he enabling act for t he CNM I Drug Court and w it h t he support of our com m unit y leaders and t he Legislat ive and Ex ecut ive
branches, w e are proud t o announce t hat t he Drug Court w as est ablished. We hope t hat our t eam , in joint effort s w it h ot her agencies, can help m any offenders int o long-t erm recovery and healing. By no m eans are w e cont ent of our accom plishm ent s. Nor can w e fulfill our dut ies w it hout obst acles. The Judiciary
faces challenges and lim it at ions on a daily basis. But w e view challenges as an opport unit y t o grow , and our inadequacies as lessons t o be learned. And w e celebrat e in overcom ing t hem . This report chart s our challenges, opport unit y, grow t h, and celebrat ion t o ensure t hat w e cont inue t o develop.
The five voting members of the Judicial Council. From left: Judge Teresa K. Kim-Tenorio, Justice John A. Manglona, Chief Justice Alexandro C. Castro, Justice Perry B. Inos, and Presiding Judge Roberto C. Naraja
CNMI JUDICIARY | 2016 Annual Report
Chief Justice
Al exandroC.Castro On October 14, 2016, students from Garapan Elementary School toured the Guma' Hustisia and were given the opportunity to meet with Chief Justice Alexandro C. Castro and ask questions about the judicial system.
Chief Justice Alexandro C. Castro (left) participated in the 2016 Pacific Judicial Conference at Port Moresby, Papua New Guinea from September 11-16, 2016. Chief Judge for the U.S. District Court for the NMI Ramona V. Manglona (right) was also in attendance.
SUPREMECOURT The Supreme Court is the highest court in the N orthern M ariana Islands. It was established in 1989, by Public Law 6- 25, to review appealed decisions of the N M I Superior Court. Prior to the establishment of the Supreme Court, appellate jurisdiction was vested in the District Court of the N orthern M ariana Islands.
On May 9, 2016, Justice Manglona renewed his Oath of Office before his wife Chief Judge Ramona V. Manglona, son Dencio, and nephew Thomas.
The current justices are Chief Justice Alexandro C. Castro, Associate Justice John A. M anglona, and Associate Justice Perry B. Inos. In 1989, Chief Justice Jose C. Dela Cruz, Associate Justice Ramon G. Villagomez, and Associate Justice Jesus C. Borja served as the first justices of the Supreme Court. Justice Inos celebrated his 50th birthday with his colleagues and wife Debra.
CNMI JUDICIARY | 2016 Annual Report
Immediately after its establishment, Supreme Court decisions were appealed to the United States Court of Appeals for the N inth Circuit. After M ay 2004, all appeals from the Supreme Court are filed with the United States Supreme Court. The N M I Supreme Court is composed of a chief justice and two associate justices, who are nominated by the Governor and confirmed by the Senate. Each justice is appointed for an eight- year term, after which he or she is subject to a retention election.
SUPREM E COURT CLERK OF COURT The day- to- day duties of the Office of the Clerk of the Supreme Court include handling inquiries from court patrons and litigants, managing the court docket, maintaining records on appeal as well as original jurisdiction case files, deciding certain procedural motions, and overseeing the distribution and publication of opinions, orders, and administrative rules of the Court. In 2016, the Judiciary Fee Committee reviewed and revised the October 4, 2006 Judiciary Fee Schedule and proposed several changes. In December 2016, the proposed Judiciary Fee Schedule was sent to the Legislature for review. Because neither house of the Legislature approved or disapproved the proposed Judiciary Fee Schedule, the schedule was adopted on February 21, 2017 and became
effective on M arch 1, 2017, pursuant to Article IV, Section 9 of the N M I Constitution. The Clerk?s Office also maintains the official and permanent roll of attorneys for the Commonwealth, and prepares, on request, certificates of good standing and disciplinary history. The Supreme Court has a Judicial Internship Program that offers students the opportunity to work in chambers for a justice or judge. The Program is designed to allow students to become more familiar with and actively involved in the judicial branch of government. The Program provides students with valuable mentoring and professional experience needed to succeed after law school. Interested students are encouraged to submit their application packet
CNMI JUDICIARY | 2016 Annual Report
WHAT IS IT LIKE TO WORK FOR THE SUPREME COURT? N ot only does the Supreme Court have a very collaborative, supportive, and collegial working environment but also some of the most brilliant legal minds ? the justices of the Supreme Court. Working under the watchful guidance of the justices who are actively involved in your professional development is immeasurably rewarding. One is exposed to a variety of procedural and substantive legal issues that make the job interesting and challenging.
WHAT IS UNIQUE ABOUT THE SUPREME COURT? One of the benefits of working in the Supreme Court is the opportunity to shape the law of the Commonwealth. The Commonwealth is a fairly young jurisdiction; when the Court publishes an opinion, the ruling becomes an important precedent for future cases.
Cler k of t h e Su pr em e Cou r t Dean n a M . Ogo
SUPREMECOURTFILINGS CASE TYPE
CNMI JUDICIARY | 2016 Annual Report
2014
2015
2016
Cr im in al
8
4
11
Civil
5
8
Pet it ion s
6
Pr o Hac Vice
CASE DISPOSITIONS
2014
2015
2016
Dism issed - Cou r t
5
1
2
11
Dism issed - Volu n t ar y
4
7
7
2
2
Pet it ion Wit h dr aw n
0
2
1
2
3
0
Opin ion s
21
19
20
Cer t if ied Legal In t er n
1
0
0
TOTAL
30
29
30
Disciplin ar y
1
0
0
2014
2015
2016
Adm in ist r at ive
1
0
0
ORAL ARGUM ENTS HEARD Fir st Qu ar t er
4
5
4
Cer t if ied Qu est ion
1
0
0
Secon d Qu ar t er
3
8
2
Fam ily
1
1
2
Th ir d Qu ar t er
10
6
3
Tr af f ic
0
1
2
Fou r t h Qu ar t er
2
4
5
TOTAL
26
19
28
TOTAL
19
23
14
SUPREMECOURTOPINIONS CASE
CNMI JUDICIARY | 2016 Annual Report
OPINION NO.
PANEL
Commonwealth v. Martin Kapileo
2016 MP 1
Castro, M an glon a, Inos
Commonwealth v. Mohammad Bashar
2016 MP 2
Cast r o, Manglona, Inos
Commonwealth v. Alfredo Reyes
2016 MP 3
Castro, Manglona, In os
In re Commonwealth Development Authority
2016 MP 4
Castro, M an glon a, Bellas
Ki Dong Kim v. Hong Sik Baik
2016 MP 5
Castro, M an glon a, Inos
In re Sonny Babauta
2016 MP 6
Cast r o, Inos, Torres
Alan Markoff v. Juan Lizama
2016 MP 7
M an glon a, Torres, Bordallo
In re the Commonwealth
2016 MP 8
Castro, Manglona, In os
Commonwealth v. Ambrosio Ogumoro
2016 MP 9
M an glon a, Torres, Carbullido
Commonwealth v. Maximo Muna
2016 MP 10
Castro, Manglona, In os
Commonwealth v. Jin Song Lin
2016 MP 11
Castro, M an glon a, Inos
Commonwealth v. Rita Sablan
2016 MP 12
Cast r o, Manglona, Inos
Commonwealth v. Erwin Togawa
2016 MP 13
Manglona, In os, Kim-Tenorio
Rosa B. Camacho v. CHC
2016 MP 14
Castro, In os, Hansen
Commonwealth v. Carmelita Guiao
2016 MP 15
Cast r o, Manglona, Camacho
Kalayaan, Inc. v. Chris Imbo
2016 MP 16
Castro, Manglona, In os
Commonwealth v. Lot No. 218-5 R/ W
2016 MP 17
Cast r o, Manglona, Hansen
Jessica Domingo v. David Celis
2016 MP 18
M an glon a, Barcinas, Bellas
Commonwealth v. Yu Qun
2016 MP 19
Cast r o, Manglona, Inos
In re the Estate of Malite
2016 MP 20
M an glon a, Torres, Bellas
BARADMISSIONS
Febr u ar y 2016 Ju ly 2016
CNMI JUDICIARY | 2016 Annual Report
NO. OF APPLICANTS 1
PASSED
2
2
1
On September 16, 2016, Associate Justice John A. Manglona administered the Oath of Office to John Cook (center) and James Zarones (right).
N ORA V. BORJA Bar Administrator P.O. Box 502165 Saipan, M P 96950 Phone: (670) 236- 9716 Email: nora.borja@justice.gov.mp Website: www.justice.gov.mp/ BarAdmissions.html
On April 29, 2016, Frannie Tenorio Demapan (daughter of Frances Demapan and the late former Chief Justice Miguel S. Demapan) delivers remarks shortly after being sworn in by Chief Justice Alexandro C. Castro.
PRESIDING JUDGE ROBERTO C. NARA JA
JUDGE DAVID A. WISEM AN
JUDGE KENNETH L. GOVENDO
THESUPERIORCOURThas jurisdiction over civil, criminal, and all other specialized matters. The Office of the Clerk of Court, with offices on Rota, Tinian, and Saipan manages the day- to- day operation of the Court. The Superior Court judges, Office of the Superior Court Clerk of Court, judicial law clerks and staff strive to efficiently handle the Court?s caseload, including over 4,000 new case filings in 2016, averaging 13 new cases per day. The new cases involve a diverse range of tasks including handling court filings and
JUDGE JOSEPH N. CAM ACHO
JUDGE TERESA KIM -TENORIO
motion hearings. The Judiciary is committed to provide accessible justice to all. It ensures that indigent criminal defendants have attorneys, litigants have the transcripts necessary for an appeal to the Supreme Court, litigants with limited English proficiency have interpreters, and parties in family disputes have guidance with court proceedings.
CNMI JUDICIARY | 2016 Annual Report
The Office of the Clerk of Court (?COC?) is the primary division supporting the operation of the Superior Court. All civil, criminal, family, small claims cases and agency appeals are initiated and processed by the COC. In 2016, the COC has been diligently working on various initiatives to enhance Superior Court operations. The COC is always in charge of implementing the Superior
Court?s case docketing plan, i.e. setting the case calendar for each of the Superior Court judges pursuant to the Presiding Judge?s assignment orders. At the start of 2016, a new General Calendar was implemented with no significant changes from the previous year?s calendar. Yet, with the retirement of Associate Judge David Wiseman (?Judge Wiseman?), the COC conducted an inventory and assessment of all cases previously assigned to Judge Wiseman.
The Presiding Judge then issued several General Orders, which distributed all of Judge Wiseman?s pending cases. The COC ensured that the Superior Court?s docket was effectively organized throughout the year. Another focus this past year was the development of new standard operating procedures (?SOP?) governing the operation of the COC. In particular, the COC developed an SOP governing the
SUPERIORCOURT- Clerkof Court Clerk of the Superior Court Patrick V. Diaz (center) and staff (from left) Deputy Clerks Okalani Shiprit, Eva P. Calvo, Marissa F. Ada, Berliann Higgins, Diaz, Adeline Tereyama, Joanne Pangelinan and Rosie T. Ada. (Not in photo Sabrina Dela Cruz, Kristy Diaz, Daisy Mendiola, and Luis Villagomez.)
CNMI JUDICIARY | 2016 Annual Report
disposition of all traffic citations, including the payment of fines. The traffic SOP was a joint effort between the COC and the Accounting Office. The new SOP helps to streamline the processing of traffic citations so as to enhance efficiency and guarantee accuracy. Additionally, the COC developed a new SOP governing criminal clearances as well as traffic clearances/ histories. The clearances SOP includes a comprehensive process, detailing how to conduct query searches using the Superior Court?s case management system, JustWare; the SOP also includes processes governing active bench warrants. Further, the COC is continuing to develop caseflow and workflow management process for all cases filed with the Superior Court. Currently, there are several committees, comprised of COC staff, which are working to map out detailed caseflow processes. The plan is to then develop written procedures and additional SOPs, which will in turn strengthen the Superior Court?s ability to effectively marshal cases to a just, speedy, and inexpensive disposition. This year, the COC also coordinated,
per the Presiding Judge?s directive, with the M arshal Services Division (?M SD?) and the Office of the Attorney General (?OAG?) to officially transfer custody of all exhibits and evidence to the OAG. Ultimately, roughly 120 items were transferred from the Superior Court over to the OAG. The transferred items included: documents, photos, firearms, bullets, drugs and paraphernalia, knives, crowbars, clothing, etc. The COC is also charged with
handling transcription services. The COC continues to outsource transcription services to three (3) local vendors chosen through a request for proposal process. In this reporting period, eleven (11) contracts were awarded for cases on appeal with a total cost of approximately $10,087.00. The COC is excited to continue to build off of its successes in 2016.
QUARTERLYCASEFILINGS 2016
Civil
Cr im in al
Fam ily Cou r t
Ju ven ile
Sm all Claim s
Tr af f ic
January - March
54
48
124
3
124
573
April - June
72
77
201
5
54
698
July - September
75
54
165
0
105
898
October - December
54
63
157
3
146
1,183
255
242
647
11
429
3,352
TOTAL
Note: Of the 242 criminal cases filed, 79 cases (32.6%) involve domestic violence and 13 cases (5.3%) involve sexual abuse of a minor.
CASESFILEDBYISLAND Civil
Cr im in al
Fam ily Cou r t
Sm all Claim s
Tr af f ic
TOTAL
Saipan
248
226
631
393
3,091
4,589
Tin ian
3
10
12
25
92
142
Rot a
4
6
15
11
169
205
4,936 CNMI JUDICIARY | 2016 Annual Report
CASESFILED(2012- 2016) YEAR
Civil
Cr im in al
Fam ily Cou r t
Sm all Claim s
Tr af f ic
TOTAL
2012
314
240
614
602
2,103
3,873
2013
247
250
677
387
3,316
4,877
2014
258
147
582
544
3,696
5,227
2015
204
222
645
289
2,507
3,867
2016
255
242
658
429
3,352
4,936
CNMI JUDICIARY | 2016 Annual Report
CASESFILED(2012- 2016) (CONTINUED)
CNMI JUDICIARY | 2016 Annual Report
FAMILYCOURTCASESBYTYPEANDISLAND CASE TYPE
SAIPAN
TINIAN
ROTA
TOTAL
Adoption
41
0
1
42
Annulment
4
0
0
4
Change of Name
20
0
0
20
Civil Commitment
0
0
0
0
213
3
6
222
0
0
0
0
Family Protection Act
190
7
2
199
Guardianship
71
0
4
75
Paternity
54
2
1
57
URESA
15
1
0
16
UCCJA
0
0
0
0
Wardship
12
0
0
12
Juvenile
11
0
0
11
TOTAL
631
13
14
658
Divorce Emancipation
CNMI JUDICIARY | 2016 Annual Report
APPOINTMENTOFCOUNSELFORINDIGENTLITIGANTS TOTAL
CNMI JUDICIARY | 2016 Annual Report
CIVIL
CRIM INAL
FAM ILY COURT
JUVENILE
SM ALL CLAIM S
TRAFFIC
TOTAL
18
64
22
2
11
0
117
APPEALEDCASES Not ice of Appeal
CIVIL
CRIM INAL
FAM ILY COURT
SM ALL CLAIM S
TRAFFIC
TOTAL
11
9
2
0
2
24
CERTIFIEDCASESONAPPEAL Cer t if ied Cases
CIVIL
CRIM INAL
FAM ILY COURT
TRAFFIC
TOTAL
5
13
2
2
22
CUSTOMERSERVICECOUNTER The 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. CRIM INAL CLEARANCE
TRAFFIC CLEARANCE
TRAFFIC HISTORY
TOTAL
SAIPAN
12,148
11,102
999
24,249
TINIAN
433
429
24
886
ROTA
414
363
0
777
12,995
11,894
1,023
25,912
TOTAL
PROFESSIONALDEVELOPMENT
CNMI JUDICIARY | 2016 Annual Report
Professional Development is always encouraged for all staff of the Clerk's Office. In 2016, staff attended the following trainings: DATE
TRAINING
TRAINERS
4/15/2016
Appeals Training
Deanna M. Ogo, Clerk of the Supreme Court Conrad Ohashi, Superior Court Law Clerk
5/10/2016
Security Awareness Training
U.S. Marshal Service
11/21/2016 - 11/22/2016
Conference on Strategic Planning
Judiciary Staff
11/30/2016 - 12/2/2016
Court Administrator Training (Yap)
Pacific Judicial Council Trainers
12/14/2016 -12/15/2016
Drug Court Training
Drug Court staff
THECOMMONWEALTHRECORDER'SOFFICE (CRO) was established within the Commonwealth Superior Court through the passage of Public Law 3- 64 in 1983. The Office is mandated to record and maintain documents pertaining to official Commonwealth land registration and other real estate, commercial, and personal property. It is also responsible in maintaining original records of Commonwealth vital statistics such as certificates of birth, death, and marriage. The Commonwealth Recorder?s Office, as the central repository for all such records, provides the public access to the information by indexing the same and providing duplication services pursuant to a fee schedule. The Commonwealth Recorder?s office is headed by the Commonwealth Recorder, who serves under the supervision of the Presiding Judge. The staff assists numerous individuals, government agencies, and commercial establishments in the recording, indexing, duplication, and certification of records. Their daily role centers on customer service
requests from Tinian, Rota, Saipan, Guam, H awaii and other jurisdictions. In addition to recording land documents and vital statistics, daily document handling includes the following: -
-
Filing of Uniform Commercial Code Documents Recording of Land Records, M iscellaneous Affidavits
-
-
and all other Documents Generating Computer Indexes Scanning of Land Registration, Uniform Commercial Code Documents Birth, Death, and M arriage Certificates
The Office?s long- term goal is to safeguard original documents so CNMI JUDICIARY | 2016 Annual Report
CNMI JUDICIARY | 2016 Annual Report
that is able to meet the daily requests without exposing the originals to the elements and normal wear- and- tear. In this endeavor, the Office has taken steps to maintain a micro- filming system and implement a computer- aided indexing retrieval system. In 2002, the Office purchased a new microfilm camera and reader/ printer equipped with a computer access retrieval system. Scanning of all documents into a system has been an ongoing project since M ay 2013.
H IGH LIGH TS During 2016, there were 2,937 land recordings including 383 uniform commercial code filings. The Recorder?s Office filed 439 marriage certificates for Saipan, Tinian and Rota. The total number of birth certificates sold to the general public for Saipan, Tinian and Rota was 1,072, and for death certificates the total number was 11. All marriage certificates are complete back to 1954, and birth and death certificates are complete
back to 1946. The Recorder?s Office indexes all real estate documents and uniform commercial code documents through spreadsheet format and are available to the public for research. The Office is currently in the process of scanning all documents on file to allow accessibility in this system retrieval. The Recorder?s Office regularly produces and sells selected sections of the grantor/ grantee computer indexes to other government agencies? such as the Department of Land, Division of Land Registration & Surveys, N utrition & Assistance Program, Revenue & Taxation? as well as private real estate companies, real estate appraisal firms, and other individuals upon request. The Recorder?s Office also assists the Vital Statistics Office, Commonwealth H ealth Center by providing guidance in the preparation of birth certificates for certifications for those who have
The CRO's long-t er m goal is t o saf eguar d or iginal document s so t hat it is able t o meet t he daily r equest s wit hout exposing t he or iginals t o t he element s and nor mal wear and t ear .
no existing records at the Court. Lastly, personnel in the Office often assists detectives from the Department of Public Safety in accessing older criminal record files that are on microfilm by utilizing the Office?s microfilm reader/ printer.
BIRTHCERTIFICATESREQUESTED ISLAND
JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
COST
SAIPAN
61
69
86
80
89
95
105
102
121
80
69
94
1,051
$788.25
TINIAN
1
0
0
0
4
1
0
1
1
3
0
0
11
$8.25
ROTA
0
1
1
1
3
0
2
1
0
0
1
0
10
$7.50
TOTAL
62
70
87
81
96
96
107
104
122
83
70
94
1,072
$804.00
COST
DEATHCERTIFICATESREQUESTED ISLAND
JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
SAIPAN
2
0
0
1
0
2
3
0
0
1
0
2
11
$8.25
TINIAN
0
0
0
0
0
0
0
0
0
0
0
0
0
$0.00
ROTA
0
0
0
0
0
0
0
0
0
0
0
0
0
$0.00
TOTAL
2
0
0
1
0
2
3
0
0
1
0
2
11
$8.25
CNMI JUDICIARY | 2016 Annual Report
MARRIAGECERTIFICATESFILED JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
FILED
23
22
28
32
25
64
50
53
34
31
34
43
439
$4,390
SPN
15
21
16
23
20
35
17
22
20
14
13
16
232
$2,320
SPN [NC]
1
7
8
9
6
15
3
4
3
10
0
3
69
$51.75
TIQ
0
0
0
0
0
1
0
1
1
2
4
0
9
$90.00
TIQ [NC]
0
0
0
0
0
0
0
0
0
0
0
0
0
$0.00
ROP
0
0
0
0
4
3
6
3
0
1
0
0
17
$170.00
ROP [NC]
1
0
0
0
0
0
0
0
0
0
0
0
1
$0.75
TOTAL
COST
$7,022.50
* [NC] = non-certified
SINGLESTATUSAFFIDAVITFORMARRIAGE ISLAND
JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
SAIPAN
1
0
0
0
0
0
0
0
0
0
0
0
1
$20.00
TINIAN
0
0
0
0
0
0
0
0
3
0
0
0
3
$60.00
ROTA
0
0
0
0
0
0
0
0
0
0
0
0
0
$0.00
TOTAL
COST
$80.00
CNMI JUDICIARY | 2016 Annual Report
OFFICIATEDMARRIAGE JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
GOV.
0
0
1
0
1
2
0
0
0
0
0
0
4
LT. GOV.
0
0
0
1
0
0
0
0
0
2
1
0
4
21
18
22
19
18
45
42
44
28
10
15
28
310
NI MAYOR
0
0
0
0
0
1
0
0
0
4
5
2
12
TIQ MAYOR
0
0
0
0
0
1
0
2
2
0
4
2
11
ROP MAYOR
0
0
0
0
1
3
0
0
0
1
0
0
5
SPN CHURCH
1
0
2
5
1
4
1
6
1
6
2
5
34
TIQ CHURCH
0
1
0
0
0
0
1
0
0
2
0
0
4
ROP CHURCH
0
0
0
0
1
0
0
0
0
1
0
0
2
ATTY. GENERAL
0
0
0
2
0
0
0
1
0
0
0
0
3
CNMI JUDICIARY
0
0
0
0
0
1
0
0
0
0
0
0
1
US DISTRICT COURT
0
0
0
0
0
2
0
0
0
0
2
0
4
PRO-TEM judge
0
0
0
0
0
1
0
0
0
0
0
0
1
Other
0
1
2
5
0
3
2
0
1
1
1
2
18
23
20
27
32
22
63
46
52
32
27
30
39
413
SPN MAYOR
TOTAL
SPN - Saipan TIQ - Tinian ROP - Rota NI - Northern Islands
CNMI JUDICIARY | 2016 Annual Report
LANDDOCUMENTSANDOTHERFILINGS JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
COST
Documents
223
203
265
251
245
355
204
231
239
174
191
260
2,841
$28,410
Pages
856
905
1,149
1,279
1,294
1,018
764
707
760
670
872
1,147
11,421
$22,842
1
3
7
1
4
7
5
4
0
0
1
2
35
$350
14
10
10
2
20
18
31
8
0
0
1
7
121
$242
6
4
4
9
3
4
4
3
2
10
4
8
61
$610
46
4
9
8
9
3
10
7
0
12
2
14
124
$248
SAIPAN
TINIAN Documents Pages
ROTA Documents Pages
TOTAL
$52,702
Tit le Cer t .
0
1
2
0
1
0
0
1
0
0
0
1
6
$60
Cer t if icat ion
0
2
3
0
2
2
2
1
6
1
0
0
19
$380
247
644
787
829
916
757
332
827
150
381
353
241
6,464
Copies
CNMI JUDICIARY | 2016 Annual Report
$4,848
UNIFORMCOMMERCIALCODEFILINGS
CNMI JUDICIARY | 2016 Annual Report
JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
FEES
Saipan
36
37
26
20
16
24
7
14
22
16
17
20
255
Tinian
0
2
0
0
1
0
1
0
1
0
0
0
5
$35
Rota
0
0
0
0
1
0
1
3
0
0
2
0
7
$49
Saipan
6
3
8
4
2
2
1
2
10
2
3
8
51
$357
Tinian
0
0
0
0
0
0
0
0
0
0
0
0
0
$0
Rota
0
0
0
0
0
0
0
0
0
0
0
0
0
$0
Saipan
6
6
10
1
0
13
2
3
2
9
6
5
63
$441
Tinian
0
0
0
0
0
0
0
0
0
0
0
0
0
$0
Rota
0
0
0
0
0
0
1
0
0
0
1
0
2
$14
TOTAL
48
48
44
25
20
39
13
22
35
27
29
33
383
UCC-1 $1,785
UCC-2
UCC-3
$2,681
CNMI JUDICIARY | 2016 Annual Report
FAMILYCOURTDIVISION The Family Court Division assists the Superior Court Clerk of Court in processing pleadings and distributing orders for pro se litigants who appear before the family court judge. In addition to
its administrative duties, the Family Court offers client services to families and individuals and provides information and guidance on pro se family cases. The Family Court has continued to help
troubled families seeking assistance. In FY 2016, the number of people coming to the Family Court for assistance was over 5000. This is due to the fact that the number of troubled families in CN M I is persistent. The FCD has been
able to provide quick and efficient solution to many of the inquiries, including assistance with pro se filings. In FY 2016, over 600 cases were filed with the FCD, averaging over 1.6 case filings per day. The FCD works closely with individual clients and guides them through the court process, which is daunting to many. The staff in the division communicates regularly with them on what steps they need to take next to ensure that their case is processed promptly so that they can have their case heard before the judge in a timely fashion.
Joseph Kevin P. Villagomez, Manager Nikita S. Cabrera, STOP VAWA (center) Monica V. Manibusan, Pro-Se Client Service Assistant
PROSESERVICES This user-friendly service for self-represented or pro se litigants continues to be an ongoing focus of the Family Court Division. In 2016, there was an increase in this service both from individuals both walking in to the Family Court Division office and calling or emailing FCD. Several of these requests were from off-island. Services provided include: giving information about filing procedures, preparing appropriate court forms and filing fees, reviewing petition(s), complaint(s), or other pleadings prior to filing to ensure compliance with format requirements and search for case information, such as hearing dates and case status. In addition, the staff was tasked to distribute court orders and contact court litigants reminding them of hearing dates, deadline to submit documents and pleadings.
Pr o Se Assist an ce
Or der s/ Pleadin gs
Gen er al In f or m at ion
Ref er r al t o Ot h er s
January
200
55
129
29
February
140
58
148
39
March
180
63
133
60
April
195
76
158
77
May
164
84
147
52
June
177
108
216
25
July
69
76
155
18
August
183
119
178
18
September
138
94
133
8
October
153
100
144
24
November
113
72
152
23
December
140
114
178
14
1,852
1,019
1,871
387
TOTAL
Delia S. Calvo Client Service Coordinator, Rota Centron Hustisia
CNMI JUDICIARY | 2016 Annual Report
OTHERSERVICES
2016
1st Qu ar t er
2n d Qu ar t er
3r d Qu ar t er
4t h Qu ar t er
Tot al
Home Study
6
8
4
6
24
Alternative Dispute Resolution
12
18
12
15
57
DNA Paternity Supervision
3
4
2
3
12
110
83
83
61
337
Separating Parents Program
CNMI JUDICIARY | 2016 Annual Report
CNMI JUDICIARY | 2016 Annual Report
Up Closeand Personal H ow long have you been working for FCD?
JOSEPHKEVINP.VILLAGOMEZ
I started in February of 2013 - so it's now a little over four years.
What is your background inManager, terms of education Familyand Court work experience? M y background is in counseling psychology. I returned home in 1992 after completing undergraduate, graduate
CNMI JUDICIARY | 2016 Annual Report
OFFICE OF ADULT PROBATION The Office of Adult Probation (OAP) monitors and supervises criminal offenders for public safety, investigates and reports to the court and assists victims with recovery restitution. In 2016, the Office of Adult Probation continued to handle a substantial number of new criminal and traffic cases requiring probation services. As a sizable portion of the criminal cases are STOP VAWA cases, the OAP continues to address incidences of domestic violence and sexual assault and victim protection. The OAP also performs other essential court- ordered functions such as case
reporting, executions of bench warrants, drug- testings, offender services, and recovery of restitution for victims. The OAP continues to strive to deliver adequate and quality essential services for law enforcement, public safety, and rehabilitation needs.
CASEMANAGEMENT
CNMI JUDICIARY | 2016 Annual Report
JAN
FEB
M AR
APR
M AY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
TOTAL
Cr im in al Case Cou r t Ref er r als
2
8
7
5
15
7
6
9
14
2
2
3
80
Cr im in al STOP VAWA Caseload
5
6
2
3
5
7
2
4
6
6
2
7
55
Tr af f ic Case Cou r t Ref er r als
19
6
12
12
7
3
5
6
1
11
0
10
92
Pr obat ion Or ien t at ion Class
15
10
20
25
19
13
13
14
3
16
7
12
167
Cr im e Pr even t ion Class
0
0
0
0
0
0
0
0
0
0
0
0
0
CGC Ref er r als
2
5
3
6
8
4
3
10
6
5
6
10
68
CWS Ref er r als
5
10
0
7
16
18
7
6
5
6
1
6
87
Dr u g Test in g
1
3
0
32
0
0
2
14
10
12
9
28
111
Cr im in al Risk Assessm en t s
7
3
8
15
10
10
10
7
3
6
5
4
88
Tr af f ic Risk Assessm en t s
10
7
12
11
8
3
0
7
0
10
1
8
77
RESTITUTIONTRACKING 1st Qu ar t er
2n d Qu ar t er
3r d Qu ar t er
4t h Qu ar t er
TOTAL
No. Rest it u t ion Cou r t Or der s
13
18
12
7
50
TB Assessed
1
2
1
2
6
Tot al No. of STOP VAWA Rest it u t ion
3
3
2
2
10
Tot al No. of Rest it u t ion
13
18
12
7
50
LEGALOBLIGATIONPERFORMANCE 1st Qu ar t er
2n d Qu ar t er
3r d Qu ar t er
4t h Qu ar t er
TOTAL
Pu blic Saf et y (new cases, drug testing, revocation filing)
79
68
99
170
416
Cou r t Repor t
81
68
100
99
348
Cou r t Appear an ce
97
86
90
107
380
Prior Pending
1
1
3
2
7
Issued
4
4
2
5
15
Executed
2
4
2
4
12
Pending
3
2
3
1
9
Of f en der Ser vice
204
157
213
239
813
Vict im Ser vice & Con t act s
42
64
39
26
171
Ben ch War r an t
Click here for more detailed statistics.
Probation Officers Michael B. Salas, Gwen W. Iguel, and Oscar C. Torres participate in a discussion on Court Security at the November 2016 Strategic Planning Conference. CNMI JUDICIARY | 2016 Annual Report
CNMI JUDICIARY | 2016 Annual Report
DRUGCOURT
Specialist, and Community Supervision Provider. Upon hire in June 2016, the Drug Court staff received a comprehensive orientation and began planning for implementing the Drug Court program, the CN M I?s first problem- solving court. Since then, the Drug Court has accomplished important milestones in program planning, professional training, and community outreach, and has been serving participants in need of services since December 2016.
D RUG COURT PROGRAM PLAN N IN G Drug Court team from left: Probation Officer Mathilde Bermudes, Manager TaAnn Kabua, Judge Teresa K. Kim-Tenorio, Law Clerk Jackie Nicolas, and Social Worker Jacklyn Mendiola.
With the emphatic support and efforts of the CN M I Judiciary and the community, the enabling act for Drug Court, Public Law 19- 14, was signed into law on October 28, 2015. Following passage of law, the Judiciary submitted a budget to the Legislature, and appropriations were signed on M arch 17, 2016. Associate Judge Teresa
Kim- Tenorio was assigned to preside over Drug Court hearings. Shortly thereafter, the Drug Court Division (DCD) announced employment opportunities for Drug Court Staff. The positions include Drug Court M anager, two Caseworkers, Compliance
The staff has been heavily involved in pre- implementation planning. During this pre- implementation planning phase, the staff selected a drug court model and target population; established a mission statement; identified measureable goals and objectives; structured the Drug Court Team; structured program phases and tracks; determining eligibility, graduation and termination criteria; gathered community resources; finalized Drug Court policies and procedures; and contracted with treatment providers.
COM M UN ITY O UTREACH AN D EDUCATION ; COM M UN ITY RESOURCES Outreach is necessary to foster community partnerships and institutional recognition. As such, Drug Court Staff has endeavored to educate community members about the Drug Court program. Drug Court gave presentations at the following community events: First Annual Stakeholder Seminar,
Domestic Violence Summit, First CN M I Behavioral H ealth Summit, Drug Court Presentation at the CN M I Bar Association, and N ational Slavery & H uman Trafficking Prevention Proclamation. Additionally, participation in the outreach events has allowed Drug Court to identify community resources for participants. Since Drug Court is in the early stages, collaboration is helpful in preventing duplicative services and in using limited resources efficiently.
Dr u g Cou r t M on t h Pr oclam at ion Sign in g M ay 2016.
CNMI JUDICIARY | 2016 Annual Report
SERVICES O FFERED Drug Court held its first staffing on December 15, 2016 and its first hearing on December 22, 2016. Since then, the Drug Court has served the following number of participants.
The services provided include determination of legal eligibility, intake interviews, Subtle Abuse Subtle Screening Inventory (SASSI), Risk and N eed Triage (?RAN T?) Assessment, Bio- Psycho Social
Par t icipan t s Total referrals received: -
15 referrals were determined to be legally eligible
-
1 referral was determined to legally ineligible
16
Participant who was legally eligible, but rejected by Drug Court Team
1
Total active participants
8
-
8 active participants are in Phase 1
-
8 active participants are in Track 1 (High Risk-High Need)
Wait-listed participants
6
Assessment, H ome Placement Review and Assistance, Drug Court Orientation, Treatment Planning, M edicaid Application Assistance. In addition, the Drug Court Staff has coordinated health exams and education, required frequent randomized drug testing, provided community supervision, imposed informal sanctions, distributed incentives, and linked participants to community resources and faith- based support. The program strives to continue serving at- risk individuals with evidence- based treatment methods.
TaAnn Kabua, Drug Court Manager
CNMI JUDICIARY | 2016 Annual Report
Acting Director fo CourtsCamacho conducts a manager'smeeting in the former Law Library.
JUDICIARYADMINISTRATIVEOFFICE(JAO)
JAO STAFF Sonia A. Camacho Acting Director of Courts
Jim W. Stowell Grants Administrator
The Commonwealth Judiciary Administrative Office (?CJAO?) oversees the administrative functions and operations of the courts on Saipan, Rota, and Tinian. Accordingly, this office must be staffed to assist the
John T. Villagomez Budget and Finance Director
Gerald E. Weaver Building Superintendent
Michelle V. Guerrero Human Resource
Steve S. Cabrera Administrative Assistant
Chief Justice and the Presiding Judge in their administrative responsibilities. The CJAO is tasked with implementing the Judicial Council?s policies and strategic plans.
Micheal C. Villacrusis Systems Administrator CNMI JUDICIARY | 2016 Annual Report
A cti ng Di rector of Courts Soni a A . Camach o (ri gh t) attends th e Paci f i c Judi ci al Conf erence i n Pago Pago, A meri can Samoa.
CNMI JUDICIARY | 2016 Annual Report
AccountingServices Unit
Bu dget an d Fin an ce Dir ect or Joh n T. Villagom ez an d Accou n t an t II Evelyn P. Calvo
AccountingServicesUnit The ASU completed the following tasks as part of its normal functions: providing cashiering services for all Judiciary fees and fines, DPS- BM V fees and fines and other governmental agencies fees; operating collection and disbursement system for fiduciary accounts (child support, bail, restitution, probate funds, civil jury funds, and other third party funds per court orders); providing data entry processing for traffic and criminal assessments; processing certification of funds for Judiciary purchases; processing and issuing payments to vendors; maintaining files and bookkeeping records for all transactions; tracking Judiciary fund status for three accounts; and, issuing activity reports to the Secretary of Finance, the Director of Courts, and Associate Justice John A. M anglona. The ASU also assisted (1) the Clerk of the Superior Court in reconciling orders for the status of payments to court- appointed counsel, experts, and members of the jury and (2) the Chief Probation Officer in reconciling restitution amounts and probationer payee information. The Unit is comprised of a staff of four: Budget and Finance Director John T. Villagomez, Accountant II Evelyn P. Calvo, Accountant I Jason Kelley and Accoutant I Catherine C. Licop- M endoza. John T. Vilagomez was hired August 29, 2016 to replace J.D. Tenerio and Catherine C. Licop- M endoza was hired December 26, 2016 to fill the additional FTE we received from FY 2017?s budget.
CNMI JUDICIARY | 2016 Annual Report
CUSTOMERCOUNT The ASU client base is comprised of numerous members of the public, and, maintains itself as one of the busiest intake counters within the Judiciary because of its cashier services for government offices within and outside the Judiciary. The table lists our monthly customer count: COURT
BM V
Ot h er
TOTAL
Jan u ar y
1,407
2,105
255
3,767
Febr u ar y
1,516
2,239
297
4,052
M ar ch
1,468
1,775
215
3,458
Apr il
1,642
1,723
210
3,575
M ay
1,707
1,846
274
3,827
Ju n e
2,670
2,492
473
5,635
Ju ly
1,852
2,049
351
4,252
Au gu st
1,937
2,131
323
4,391
Sept em ber
1,747
2,215
250
4,212
Oct ober
1,420
1,876
220
3,516
Novem ber
1,409
1,743
251
3,403
Decem ber
1,877
2,109
372
4,358
TOTAL
20,652
24,303
3,491
48,446 CNMI JUDICIARY | 2016 Annual Report
CNMI JUDICIARY | 2016 Annual Report
T H E M ARSH AL SERVICE D IVISION (M SD) is tasked with ensuring public safety for the courthouse. In 2016, the M SD confiscated a total of 1,303 prohibited items at the main entrance of the Guma? H ustisia, including sharp objects and flammable objects, keeping court patrons and the public safe from what could otherwise have become escalated danger. The M SD also performed field trips on 1,030 occasions,
conducting service of process and executing bench warrants. The M SD will continue to strengthen security in and around the courthouse by means of security improvement projects such as adding cameras at blind spots and installing glass windows in holding cells. Security and law enforcement is the top priority in the M arshal Service Division.
From left: Deputy Director of Enforcement and Security Ursula Lifoifoi-Aldan, Deputy Marshals Cindy I. Serrano and Dustin Pangelinan, Deputy Marshal IV Joseph M. Ogo, and Deputy Marshals Roemar Segotier and Marton Conner
ITEMSCONFISCATEDATSECURITYSCREENING
CNMI JUDICIARY | 2016 Annual Report
SAIPAN
TINIAN
ROTA
TOTAL
Sh ar p/ Blu n t Object s
294
8
21
323
Fir ear m s/ Weapon s
11
0
0
11
Dr u gs/ Par aph er n alia
27
0
0
29
Flam m able Object s
60
9
5
74
Bet el Nu t
165
6
9
180
Ot h er
533
23
232
788
Click here for more detailed statistics.
Great ShakeOut Drill The Marshal Service Division conducted sessions to help prepare Judiciary staff for appropriate actions during an earthquake to prevent injury and death.
Department of Public Safety (DPS) Police Officer Cadiang inspects a patron's handbag as Deputy Marshal III Jesus Santos review the x-ray machine. DPS provided court security at the Guma' Hustisia from September 26-30, 2016.
On November 17, 2016, Marshals Joseph M. Ogo and Roemar Segotier and Probation Officer Juan Del Rosario met with Kensington Hotel's Head of Security to prepare for the Judiciary Conference on Strategic Planning.
THEHUMANRESOURCEOFFICEis responsible for providing a comprehensive human resource program, including: policy development and administration; recruitment of qualified applicants into a diverse workforce; employment and orientation services; administration of employee benefits, including health, retirement, and life insurance programs; position classification and salary administration; employee relations; and training and professional development and more.
The Judiciary participated in the CNMI Public School System'sCooperative Education Job Fair on September 13, 2016, at the Saipan World Resort. From left: LRC Staff Attorney Ryan Meyerhoff, Human Resource Michelle Guerrero, and Clerk of the Supreme Court Deanna Ogo.
HUMANRESOURCESTATISTICS
CNMI JUDICIARY | 2016 Annual Report
Qu ar t er
New Hir es
Ren ew als
Posit ion Resign at ion s Ter m in at ion s Con t r act Vacan cies Rest r u ct u r es Com plet ion s
1st
8
10
8
4
2n d
8
7
0
4
0
3r d
5
3
0
6
4t h
6
16
7
2
The Judiciary tent at the 2016 Labor Day Picnic, Garapan Fishing Base, Saipan, September 4th. The HRO took the lead in coordinating the event with other government agencies.
Posit ion s Filled
Tot al
7
4
41
1
2
0
22
0
2
3
2
24
0
1
6
5
43
0
0
PROFESSIONALDEVELOPMENT
CNMI JUDICIARY | 2016 Annual Report
Professional Development and staff training workshops initiated by the justices and the HR Office to provide educational opportunities for the staff have been ongoing, covering topics dealing with information and technology, court rules and procedures, customer service, and health and welfare among other things. Below is a list of the professional development workshops and trainings that were conducted. Pr of ession al Developm en t - Tr ain in g
Dat e
No. of Par t icipan t s
Active Shooting Training
January 21, 2016
Justices and Judges
2016 Health Insurance Coverage
February 3, 2016
23
Immunization Influenza Vaccination
April 8, 2016
19
Appeals Training (Phase II)
April 15, 2016
21
Security Awareness Training
May 10-11, 2016
45
Strategic Planning Conference - Part I
November 21, 2016
Judiciary Employees
Strategic Planning Conference - Part II
November 22, 2016
Judiciary Employees
Stress Management with NMPASI
December 2, 2016
10
CNM I Judiciary | 2016 Annual Report
Information Systems Unit JUSTWARE SUPPORT AND MAINTENANCE
2016
The biggest project for the Information Systems Units (ISU) in 2016 was the reestablishment of Justware support and maintenance from the developer. Justware is the CN M I Judiciary?s Case M anagement System (CSM ) which is the backbone of the court's daily operations. Justware was activated in 2007 with a support and maintenance contract renewed annually until 2010, but due to lack of funding this was not renewed for the following years. As a result, all repairs and maintenance of Justware had to be performed by the ISU personnel. In addition, there were certain functions that only the system developer could perform, such as updates to newer versions and upgrades of system functions. Justware was in a stagnant state for almost six years, which in technology is considered a long time and was in dire need for attention. The biggest hurdle to the reestablishment project was funding, but with the joint effort of the entire Judiciary funding was secured through the Criminal Justice Planning Agency?s Justice Assistance Grant and Compact Impact Funding under the Department of Commerce. The
M i ch ael C. Vi l l acr u si s
Joh n B. Dem apan
Systems Administrator
Computer Specialist
project went through a long procurement process which lasted for about eight months in which time, preparation for the reestablishment of support and maintenance was performed. This included data collection, planning, and the programming to reconnect data paths to the
developer. The Judiciary?s support and maintenance contract for Justware is currently in place and active. Updates and upgrades to the CM S have been and will continue to be implemented throughout the contract and fixes to the current issues are being addressed.
DRUG COURT SET-UP The introduction of Drug Court in the CN M I Judiciary is a welcomed new development, however it also comes with some challenges. The establishment of Drug Court required space and equipment for additional employees in a building which was fully occupied and configured for current staffing. For this endeavor, the ISU worked on the reconfiguration of equipment and procurement of additional equipment in the Commonwealth Recorder?s Office to accommodate for the two divisions. This project involved the rewiring of network and telephone systems, configuration of current and new equipment and programming of systems to include a new division. The challenges continue as Drug Court develops their procedures and protocols. Drug Court has been relocated as continued efforts to create a suitable office space are undergone.
ISU SUPPORT ISU has acted as a supporting role in the following projects: CJIS Server Configuration - Programming of the CJIS server was conducted by M ichael Villacrusis, Systems Administrator for the Judiciary under the request of the
CJIS committee. This was completed to accommodate the resestablishment of access for CJIS contractor for the programming of Case M anagement System connectivity between the Judiciary, Office of the Attorney General, and Board of Parole. TRCC E- Citation - DPS contractor had previously been given access to the Judiciary?s Case M anagement System Server under special configurations which was isolated for security purposes. This connection is continuously maintained and monitored, while support is provided during testing phases of the E- Citation Project. Judiciary Events - The planning, logistics, installation, testing and control of electronic equipment during the various events have all had its challenges, but ISU has provided the support for these activities to the best of its abilities. Aside from the annual activities hosted by the Judiciary, in 2016, ISU was involved in the PJC Conference, Professionalism Symposium, Judge Wiseman's Farewell Ceremony, N o Cost Legal Research Training, and CN M I Judiciary Conference on Strategic Planning.
W ORKSTATION FOR SUPERIOR COURT CLERK OF COURT'S OFFICE Funded by a Rural Development Community Facilities Impact Grant under USDA, computer workstations were procured for the Superior Court Clerk of Court?s Office. This allowed for the installation of faster running equipment capable of migration away from the obsolete Windows X P. CNMI JUDICIARY | 2016 Annual Report
LAPP DIGITAL DISPLAY
M ULTI-M ONITOR DISPLAY
SERVERS
The CN M I Judiciary Language Access Policy and Plan?s (LAPP) goal is to provide meaningful and timely language access services to limited English proficient persons who come in the CN M I Judicial Branch. In this plan, multi- lingual signage is an element utilized to provide information to court patrons that may fall under this category.
The CN M I Judiciary strives to make its patrons? visits to the courthouse as seamless as possible and provide satisfactory public service. In efforts to do so, a multi- monitor court calendar and announcement display has been installed in the lobby of the Guma? H ustisia to guide the public to their respective destinations.
N ew servers have been installed and configured in the CN M I Judiciary. This project allowed for the replacement of 12- year- old, outdated servers that ran the databases and systems utilized by court staff on a daily bases.
This multi- monitor display provides individual courtroom calendars, speeding up the information dissemination process. The display also provides information on upcoming events and information about the Judiciary in general. As an additional benefit, this project has reduced the Judiciary?s paper usage as it has replaced the old bulletin board where daily calendars were printed and posted.
M i ch ael C. Vi l l acr u si s
In efforts to implement the CN M I Judiciary?s LAPP, digital displays have been installed in the Superior Court Clerk of Court?s Office to provide information in several languages to better address the needs of the diverse communities in the CN M I.
STAFF Systems Administrator
Joh n B. Dem apan Computer Specialist
CNMI JUDICIARY | 2016 Annual Report
PFCJOHNJEROMEB.DEMAPAN
CNMI JUDICIARY | 2016 Annual Report
PFCU.S.ARMYRESERVE
Up Closeand Personal H ow long have you been working for the Information Systems Unit? I've been working since 2009. What do you do at the court? I am a Computer Specialist. I assist the System Administrator with troubleshooting and maintaining the court's technological systems. What made you decide to join the military? Our family house was destroyed by Typhoon Soudelor, my car broke down, my father died, my mother's disability ... a lot of reasons. What did you learn in the military? Resilience. Bootcamp in Fort Benning is no joke.
I was 34 at the time and the cut off age was 35. So that meant, I needed to be shipped to bootcamp before my birthday. I was the old man in the group so you can imagine how much worse that was. H ow do you define success? Success is being able to do what you want to do and have positive results. What are your hobbies? Spearfishig, basketball, and music. Anything else to add? Calcium is a metal.
BUILDINGMAINTENANCE STAFF GERALD E. W EAVER Building Superintendent
RAYM OND BABAUTA M aintenance Worker
The Building Maintenance division oversees the courthouses on Saipan, Tinian and Rota. The day-to-day operations of the division include ground maintenance, lighting and ballast replacement, repainting of offices, court personnel requests, monthly preventative maintenance, as well as setup for events such as public hearings, meetings, honorary retirement ceremonies, and the Mock Trial Academy. The list below highlights the division?s specific accomplishments for 2016. -
-
Installation of a three-ton stand up air-conditioner for the Superior Court courtroom, and split units in the jury room, judicial chambers, and administration office at the Rota Judicial Center Restroom repair at the Rota Judicial Center
Gerald E. Weaver, Building Superintendent CNMI JUDICIARY | 2016 Annual Report
GRANTS
by Jim W. Stowell, Grants Administrator
This report is a summary of activity highlights in 2016 with respect to the Judiciary?s grants and the N orthern M ariana Judiciary H istorical Society. N oteworthy among grant activities were the purchase and installation of computers and servers for the Superior Court afforded by a USDA grant. Additional computers were purchased for the Drug Court with proceeds from another USDA grant, as was a Ford Explorer. A listing of our 2016 grant applications, associated awards, association dollar amounts, current funds status, and active applications is included with this report. We received $520,000 in grant awards in 2016 and have applications active valued at $580,000, not including the 2017 federal drug court grant application. Furthermore, CN M I?s loan from the U.S. Department of Agriculture (USDA)?s Rural Development Loan Program earmarks $5.4 million for current Judiciary building expansion and refurbishment and new building acquisition.
Total Applications and Awards APPLICATION AM OUNT
AWARD
VOCA Victims Assistance
73,129
39,416
Probation Home Front Support
54,753
27,600
Law Enforcement
31,416
31,416
Marshal Taser Recertification
5,000
5,000
Training and Support Program
26,426
26,426
Client Services
10,000
10,000
Rota Client Services
30,236
30,236
Victims of Crime Assistance
28,843
28,843
3,994
3,994
38,000
28,000
171,579
171,579
SNILD (holding cell renovation)
45,000
45,000
USDA Communities Facilities Grant
14,000
14,000
State Justice Institute (Human
50,000
50,000
8,636
8,636
$591,102
$520,146
Juvenile Justice Systems Justware Case Management Upgrade Compact Impact
National Assoc. of Drug Court Professionals
TOTAL
CNMI JUDICIARY | 2016 Annual Report
In 2016, much effort and time was put into the compilation of the USDA loan. The product of this effort was a group of binders that were delivered to the USDA office in Guam on December 8th. This document has been completely scanned along with its exhibits and is available for review on request. As for the N orthern M arianas Judiciary H istorical Society activities in 2016, the Board met in M ay and amended the H istorical Society?s articles of incorporation and by- laws to increase the number of trustees by one, in line with the intention of the trustees in 2004. The amendment was approved and filed with Department of Commerce?s corporation?s registrar.
the recorder?s big standing files, but it will be an increasingly appreciated service as more years? paper documents can be accessed by computer. The individuals doing the scanning need a certain level of training, checking and monitoring to ensure the high quality of the job is maintained. When computers are available in the future for the public?s use in the access of documents, it should be anticipated that part of the Recorder?s time will be taken up teaching members of the public how to search on the computers.
During the year the H istorical Society contributed to the M ock Trial Competition, the Attorney General?s Cup, and the Poster Essay Contest, as well as venturing in new directions co- sponsoring the ?N o Cost Legal Research? and the Judiciary?s Strategic Planning Conference, both of which were very successful. The events were intended to help educate the public about the legal process and justice system. Lastly, in 2016, at the Recorder?s Office, patrons are particularly pleased when the document for which they are looking can be pulled up on a computer because over the last couple of years documents were scanned into an accessible file. It will take many more years to complete the scanning of all the documents in
Jim W. St ow ell, Gr an t Adm in ist r at or
CNMI JUDICIARY | 2016 Annual Report
LAWREVISIONCOMMISSION The Commission compiles documents for the N orthern M ariana Islands Reporter series, the Commonwealth Code, the Administrative Code, and their supplements, indexes, and digests. It has continued to maintain and expand its website to ensure up- to- date access to Commonwealth law and access to historical legal materials not previously available. Access to these resources is crucial to members of the public for legal research and other informational purposes. The Commission continues to maintain and expand these resources for the public. The Law Revision Commission (LRC) is established by 1 CM C § 3801 and is charged with certain responsibilities and authorities throughout 1 CM C §§ 3801? 3810. One of the key duties of the LRC is to codify and revise Commonwealth laws of a permanent nature, including the Commonwealth Code (CM C) and the N orthern M ariana Island Administrative Code (N M IAC). The LRC is also charged with publishing decisions rendered by the N M I Supreme Court in a reporter with a headnoting system, and to periodically revise and publish a digest containing those headnotes. Pursuant to its publication mandates, the LRC maintains and updates its website to represent the current state of the law in the Commonwealth, whether executive, legislative, or judicial. Keeping such a database up- to- date requires daily attention and
revision, and ensuring the current state- of- the- law is properly reflected and made available to the public is an ongoing and labor- intensive process. Additionally, the LRC periodically publishes physical copies of the various laws. Aside from its responsibility to codify and publish Commonwealth Law, the LRC sells its publications, fields inquiries regarding Commonwealth law from the private and government sectors, hosts information and training sessions on CN M I law and research, performs research, provides advice related to research, and fulfills other necessary duties in the Judicial Branch related to CN M I law. CNMI JUDICIARY | 2016 Annual Report
CNMI JUDICIARY | 2016 Annual Report
CODIFICATION & PUBLICATION Commonwealth Code In 2016, the LRC uploaded 263 separate sections of permanent law to the CM C database available on its website. This figure reflects both wholly new CM C sections and amendments to existing CM C sections. Each section requires careful review of grammar, content, numbering, references, and uniformity before publication. Pursuant to its statutory authority, publication of CM C provisions requires the LRC to number, renumber, and rearrange chapters, sections, and parts of sections to ensure harmonious
arrangement of CM C provisions; change reference numbers to agree with intended references; substitute the proper section or chapter number for the terms similar to ?the preceding section? or ?this act?; strike figures that are a mere repetition of written words; change capitalization for the purpose of conformity; and correct manifest clerical and typographical errors. Each change made to the CM C originates from laws enacted, which requires careful attention to ensure fulfillment of legislative intent and inclusion of appropriate information in the provision?s
From left: Justice John A. Manglona, Judge Teresa K. Kim-Tenorio, former LRC Director Michael A. Stanker, Chief Justice Alexandro C. Castro, Presiding Judge Roberto C. Naraja, Commission members Bruce Mailman, Esq. and Attorney General Edward Manibusan, taking a photo at Stanker's Farewell Luncheon at the Pacific I slands Club on February 5, 2016.
accompanying Commission Comment. Prior to codification, the LRC must review each law and determine if the law is permanent in nature or contains provisions that are permanent and require codification or has some other impact on the CM C that requires comment or explanation. In addition to the modifications the LRC makes to the online CM C provisions, the LRC uploads each Public Law or Local Law to the website, updates the Public and Local Law Source Reference Table to reflect all changes made by each law, and records the changes for the print supplement to the printed edition of the CM C. The LRC is in the
CNMI JUDICIARY | 2016 Annual Report
process of preparing an updated physical publication of the CM C in the coming year. Public Laws In 2016, the LRC uploaded 46 Public Laws that became effective. These public laws vary dramatically in size and effect? from dozens of pages containing numerous changes to one page containing only a few revisions. Local Laws In 2016, the LRC uploaded 31 Local Laws to its website from Saipan, Tinian, and Rota. The Local Laws are included in the Source Reference Table. In addition, the LRC received local ordinances, which it converts and uploads to the website making them also searchable. N M IAC In 2016, the LRC implemented 5,907 modifications to the N M IAC, which was over 7,700 online N M IAC pages. As with CM C codifications and revisions, the process of updating the N M IAC requires careful attention to rules of grammar and style. It also requires careful attention to references to other provisions of the
N M IAC and provisions of the CM C. The N M IAC was previously hosted by Wikimedia, but such hosting subjected the N M IAC to modification by the host. As such, the N M IAC was converted to .html in 2016 and is now directly controlled by LRC. The N M IAC conversion to match the format of the LRC website is an ongoing project. Registers In 2016, the LRC reviewed, converted, and uploaded all Commonwealth Registers published in 2016, which consisted of over 1,700 pages. Access to the Territorial Register from 1974 ? 1978 and the Commonwealth Register from 1979 ? 2016 are available on the LRC website. In addition, the LRC has consistently updated its Commonwealth Register Index on its website in both excel and .PDF formats, which may be downloaded and searched or sorted, depending on the needs of the user. Court Opinions The LRC has uploaded all 20 of the N M I Supreme Court?s 2016 opinions
onto its website. Additionally, LRC personnel have aided the Supreme Court by providing review and editing services related to the 2015 slip opinions prior to certification. Personnel have also begun to provide those same services related to the 2016 slip opinions. The LRC is currently in the process of headnoting the Surpreme Court?s opinions from 2012 to 2016 to be published in a new reporter, volume 9, in 2017. The LRC is also extracting annotations from these cases to update the print version of the CM C. It will also create a new digest from the headnotes for these cases and merge it into a comprehensive digest for publication or online access, to be determined by the Commission.
Com m ission M em ber s: Chief Justice Alexandro C. Castro ,Chairman Senator Steve K. Mesngon, Member Representative Glenn L. Maratita, Member Atty. General Edward Manibusan, Member Bruce L. Mailman, Member
CNMI JUDICIARY | 2016 Annual Report
In 2016, the LRC uploaded 35 N M I Superior Court decisions marked for publication to its website. Office Operations and Training In 2016, LRC staff participated in continuing legal education, the Administrative Codes and Registers conference, and the Association of Pacific Islands Public Auditors training. These events assisted the staff in beginning a review of the LRC?s internal controls, standard operating procedures, and methods of publication. N ew internal controls have been created related to various functions of the LRC and staff remains knowledgeable regarding current expectations related to internal controls and government accountability. The LRC intends to share this knowledge with other Judiciary divisions, as requested, and will continue to implement internal controls necessary to ensure accountability related to its functions. Standard operating procedures related to codification are being outlined for discussion by the LRC staff prior to presentation to the Commission for input. Legal training has assisted staff in carrying out their duties related to the LRC
and the Judiciary. Products In 2016, the LRC sold 365 products. The LRC?s newest product is the Driver?s H andbook, which is being produced in 13 languages and sold to comply with Public Law 19- 43. The LRC continues to work to fulfill its mandates and intends to publish print semi- annual supplements of the CM C and to keep the website up- to- date. The LRC also intends to create a new print version of the CM C and is working with the Commission to determine the best method for productions. Other publications in 2017 will be the digest, index, and volume 9 of the reporter series, which will contain the N M I Supreme Court?s headnoted certified opinions from 2012 forward. The LRC and the Commission are looking into electronic publishing, the Uniform Electronic Legal M aterial Act, and how the LRC may best serve the public in the future. A new printer, additional software and hardware, and services contracts with outside entities will be necessary to fulfill its mandates and appropriately serve the public.
Conclusion In 2016, the Commission met in June and September to discuss the activities and direction of the LRC. The LRC continued to fulfill its publication mandates under the law, as it endeavors to move forward with increased internet research services to fulfill public need and ensure fair and equal access to the law in the CN M I. The LRC also continued to serve the Judiciary through assistance with CN M I law, research, and editing services. The LRC has also consistently served the public and private sector and fielded in excess of 1,800 calls, over 250 walk- in inquiries, and hundreds of email inquiries in 2016. The LRC will continue to fulfill its publication mandates in 2017, as it continues to serve the Judiciary, the CN M I government, and the public. St af f : Sheila N. Trianni, Executive Director Ryan J. Meyerhoff, Staff Attorney Colby K. Stewart, Staff Attorney Albert A. Hicking, Website & Office Manager Menalie Hidalgo, Publications Clerk/Admin. Asst.
EXPANDING
JUSTICE Justices in the Classroom Justice John A. M anglona w as a guest speaker at University of California Davis Law School in April 2016.
Judiciary Co-sponsorsMock Trial Each year the Judiciary hosts the High School M ock Trial Competition held at the Guma' Hustisia. Champion M ount Carmel School represented the Northern M arianas at the National High School M ock Trial Competition at Boise, Idaho in M ay 2016.
Attorney General's Cup Speech Competition
EXPANDING
The Office of the Attorney General, the Judiciary, and the CNM I Bar Association help organize the annual speech competition for high school students. The 2016 topic w as, ?Should the CNM I permit individuals to carry handguns on their persons in public? Why or w hy not??
JUSTICE
(From left) Third place Ann M argaret Norcio of M arianas High School, Second place M ikhail T.
Alcantara of Saipan Southern High School, and AG' s Cup Winner Lance Vincent Q. Deleon Guerrero of M ount Carmel School. Photo by Raquel C. Bagnol, M arianas Variety.
Associate Judge David A. Wiseman Retires On May 20, 2016, t he Judiciary held a ret irement ceremony in honor of Associat e Judge David W iseman. Judge W iseman served as a Commonwealt h Superior Court Associat e Judge for over fourt een years. Among t he at t endees of t he crowded ceremony were just ices, judges, Governor Ralph DLG Torres, lawmakers, and friends and family of t he judge. Guest s gave commendat ory remarks for Judge W iseman?s service, cont ribut ions, and dedicat ion t o t he rule of law, as well as honorary resolut ions and gift s and a st anding ovat ion. Judge W iseman and his wife Fayt he plan t o move t o and set t le in Hawaii t o spend his ret irement years.
CNMI JUDICIARY | 2016 Annual Report
CNMI JUDICIARY | 2016 Annual Report
CONFERENCE ON STRATEGIC PLANNING NOVEMBER21-22,2016,KENSINGTONHOTEL,SAIPAN The 2016 CNMI Judiciary Conference on Strategic Planning was held on November 21-22, 2016, at the Kensington Hotel in Marpi. During this two-day interactive event, court staff and community stakeholders brainstormed and discussed how the Judiciary should best serve the CNMI over the next decade. This was the first time since 2007 that the Judiciary held a strategic planning conference. A total of fifty-seven (57) sessions were conducted at the conference. Session topics included access to justice, decision time standards, public trust confidence, language access policies, problem solving courts, customer service, and court technology. Session facilitators guided participants in identifying the Judiciary?s strengths,
weaknesses, opportunities, and challenges with respect to each topic, and to explore ideas on how to improve the justice system. The results of the discussions will be used to formulate a ten-year strategic plan. The stakeholders who joined the discussions included acting Governor Victor B. Hocog, Senate Vice-President Arnold I. Palacios, Speaker Ralph S. Demapan, Bishop Ryan P. Jimenez, Attorney General Edward Manibusan and Deputy Attorney General Lillian A. Tenorio, Board of Education Chairman Herman T. Guerrero, and Office of Management and Budget Special Assistant Virginia C. Villagomez. A copy of the conference agenda can be found on the next page.
CONFERENCE ON STRATEGIC PLANNING AGENDA:
CNMI JUDICIARY | 2016 Annual Report
PACIFIC JUDICIAL COUNCIL: COURT SECURITY TRAINING JANUARY19-21,2016,FIESTARESORT&SPA A three-day training sponsored by the Pacific Judicial Council on Court Security was held on January 19-21, 2016, on Saipan, at the Fiesta Resort & Spa. Participants from throughout the Pacific Region, including the CNMI Judiciary bench and its Marshal Service Division members, attended the training.
ActiveShooter (?)
PACIFICJUDICIALCOUNCIL PagoPago,AmericanSamoa April 11-15,2016 On April 12 t o 15, 2016, members of t he CNMI Judiciary, Associat e Just ice John A. Manglona, and Associat e Judge Teresa K. Kim-Tenorio, and Act ing Direct or of Court s Sonia A. Camacho part icipat ed at t he Pacific Judicial Council (PJC) Execut ive Board Training in American Samoa. The PJC is an organizat ion consist ing of t he judiciaries from t he Nort hern Mariana Islands, Guam, Palau, Pohnpei, Kosrae, Chuuk, Yap, and American Samoa. The Execut ive Board Training allowed part icipant s t o obt ain and share informat ion on how t o improve court administ rat ion and delivery of just ice. Key t opics discussed over t he four-day conference included mediat ion and human t rafficking. Speakers included Professor John Barkai of W illiam S. Richardson School of Law, Universit y of Hawaii; Suzanna L. Tiapula, J.D., Direct or of Ho?omaluhia (Creat ing Peace) Family Violence and Sexual Assault Inst it ut e; Chief Judge Ramona V. Manglona of t he U.S. Dist rict Court for t he Nort hern Mariana Islands; Chief Judge Frances
Contributed photo by American Samoa Judiciary
Tydingco-Gat ewood of t he U.S. Dist rict Court of Guam; Senior Judge Susan Oki Mollway of t he Unit ed St at es Dist rict Court for t he Dist rict of Hawaii. About t hirt y just ices, judges, and court st aff at t ended t he conference. The at t endees from t he CNMI Judiciary benefit ed part icularly from t he ideas discussed regarding how t o increase t he effect iveness of mediat ion. The conference was host ed by t he American Samoa judiciary.
CNMI JUDICIARY | 2016 Annual Report
COLONIA,YAP
November 30-December 2, 2016
PACIFIC JUDICIAL COUNCIL: COURT ADM INISTRATION TRAINING
ATTORNEY PROFESSIONALISM INSIGHTANDIDEASFROMTHEBENCHANDBAR
On May 13, 2016, t he CNMI Bar Associat ion, CNMI Supreme Court , and t he U.S. Dist rict Court for t he Nort hern Mariana Islands present ed a Cont inuing Legal Educat ion (CLE) course on professionalism at t he former Law Library in t he Guma' Hust isia. The first panel discussed t he t opic of professionalism before t he court . It s guest speakers included Chief Judge Ramona V. Manglona, Associat e Just ice Perry B. Inos, Associat e Judge David A. W iseman, and Magist rat e Judge Heat her L. Kennedy, and t he discussion was moderat ed by Michael Ernest , Esq. The
second panel discussed professionalism bet ween at t orneys. That panel consist ed of At t orneys Rex Kosack, Cat herine Cachero, Timot hy Bellas, and Jennifer Dockt er, and t he discussion was moderat ed by Assist ant At t orney General Barbara Cepeda. Associat e Just ice John A. Manglona gave t he opening remarks and Associat e Judge W iseman delivered t he closing. The Court has host ed a number of CLE courses in t he past years, and t he purpose of t he courses is t o furt her educat e lawyers and t he public on legal knowledge and new areas of legal development s.
NOCOSTLEGALRESEARCHWORKSHOP The Commonwealth Judiciary, CN M I Bar Association, and the N orthern M arianas Judiciary H istorical Society co- hosted a Continuing Learning Education (CLE) session on the topic ?N o Cost Legal Research? on Friday, October 7, 2016, from 8: 30 a.m. to 4: 00 p.m., at the former law library in the Guma?
H ustisia. The workshop provided information and hands- on training on how to conduct free legal research online. During the session, participants learned how to search federal and state cases, statutes, regulations on accessible online databases on their personal laptops or mobile devices, as well as
running searches on their own memoranda of points and authorities for case law suggestions. Presenters for the session included Chief Justice Robert J. Torres of the Guam Supreme Court, Guam Compiler of Laws Geraldine A. Cepeda, and Guam Superior Court Clerk of Court Danielle T. Rosete, Esq. The presenters conducted the session in an
interactive format, conducting polls and quizzes throughout the presentation by means of a mobile application. The training offered three (3) CLE credit hours, was free of charge, and participants received a certificate of completion.
CNMI JUDICIARY | 2016 Annual Report
PL19-67AUTHORIZES USDALOANFOR JUSTICECENTER On Sept ember 27, 2016, Governor Ralph DLG. Torres signed int o law Public Law 19-67, which aut horizes t he CNMI Government t o borrow up t o $15 million from t he U.S. Depart ment of Agricult ure (USDA)?s Rural Development Loan Program for t he Just ice Cent er in Susupe and for ot her court buildings. The low-int erest loan will be used t o pay off t he current balance of t he judicial building loan from t he NMI Ret irement Set t lement Fund, t o make capit al improvement s at t he Office of t he At t orney General and t he Public Defender?s Office, and t o upgrade and expand t he Judiciary? facilit ies on Saipan, Tinian, and Rot a. Court fines and fees collect ed by t he CNMI government will be used t o service t he loan t hrough t he newly creat ed Just ice Cent er Revolving Account , CNMI JUDICIARY | 2016 Annual Report The signing ceremony occurred at t he Governor?s Conference Room on Capit ol Hill. Legislat ors from t he House of Represent at ives and t he Senat e, along wit h Chief Just ice Alexandro C. Cast ro, just ices and judges, At t orney General Edward Manibusan and Public Defender Douglas Hart ig were in at t endance at t he ceremony.
CNMI JUDICIARY | 2016 Annual Report
EDITORIAL BOARD M art ha B. M endiola, Edit or Cynt hia C. Cheung, Co-edit or John B. Demapan, Graphic Designer Just ice John A. M anglona, Adviser
The Judiciary's mission is to ensure the people of the CNMI an independent judiciary that provides impartial, timely, accountable services in the pursuit of judicial excellence.
www.j u st i ce.gov.m p