Issuu

2020AnnualReport

Concrete Roof Caps Replace Damaged Atrium Skylight, p.28 HVAC and Mold Remediation Project, p.29 COVID- 19 Special Report, p. 30

Th e Year of th e Pan dem ic

W ORKING TOGETHER

Traditions: Professional Development Day November 24, 2020, p.78

Tableof Contents Message from the Chief Justice 4 Supreme Court 5 Clerk of the Supreme Court 7 Court Rules Committees 11 Law Clerks of the Supreme Court 13 Administrative Offices 14 Director of Courts 15 Budget and Finance Office 16 Office of Procurement 19 Grants Management Office 20 Human Resources Office 22 Information Systems Office 24 Marshals Service Division 25 Facilities Management Office 27 Concrete Caps Replace Typhoon-damaged Atrium Skylights 28 HVAC and Mold Remediation Continues 29

The COVID-19 Pandemic Special Report 30 Supreme Court COVID-19 Order and COVID-19: At a Glance 32 COVID-19 Testing Infographic 33 CARES Act Program 34 Guma' Hustisia COVID-19 Screening and Security Zone 35 CARES Act Personnel 38 Attorney Admissions in a Pandemic World 44 The Switch from In-Person to Virtual 46 Pandemic and the Workplace: Staff Statements 47

Superior Court 49 Clerk of the Superior Court 51 Commonwealth Recorder's Office 53 Drug Court 55 Family Court Division 57 Office of Adult Probation 59

Law Revision Commission 62 Rota Centron Hustisia 66 Kotten Tinian 68 Court Alternate Sites: Marianas Business Plaza and Horiguchi Building 70 Judiciary Events 72 Pacific Judicial Council Conference 72 Mock Trial 74 Language Access Plan and Policy Training 76 Employee Highlights 78 Judiciary Sweet Treats 80

Appendix 82

Annual Report designed by Judicial Assistant Josephine Estrada and edited by Law Clerk Emily Dombrowski, Esq.

Message from Chief Justice

Alexandro C. Castro distancing and sanitization requirements to prevent and mitigate the spread of COVID-19, while ensuring safe delivery of judicial services. The SSZ will be an extension of the front entrance to the Guma?Hustisia equipped with UV-ray light technology and other sanitization measures to ensure that those who enter are properly screened for the virus and for other security purposes.

Two-Thousand Twenty marks a year of upheaval and suffering for people around the globe, yet it has also revealed the strength of the human spirit, both here in the CNMI and the world as a whole. The emergence of COVID-19 has changed human interaction and the world economy, impacting delivery of court services and personnel. The pandemic coupled with the fiscal climate of the CNMI also led to a significant workforce reduction, spreading employees thinner than ever before. Yet, once again, the Judiciary has demonstrated its adaptability, resilience, and creativity in overcoming obstacles and changes. Prioritizing access to justice and delivery of services, telecourt hearings, online payment and drop-off services, teleconference, and telecommuting were quickly implemented in the wake of COVID-19 community outbreak. For the first time in history, Supreme Court oral arguments were streamed live virtually. Hearings and trials continued at alternate sites throughout Saipan, ranging from the United States District Court for the NMI to Marianas Business Plaza. Additionally, with the assistance of Governor Ralph DLG. Torres and the Secretary of Finance David DLG. Atalig, the Judiciary embarked on a highly ambitious COVID-19 Screening and Security Zone (?SSZ?) project using the Coronavirus Relief Fund. The SSZ was constructed to comply with social

Last but not least, in January of 2020, in compliance with Title VI of the Civil Rights Act of 1964 and with the help of Hawai?i State Judiciary Chief Justice Mark E. Recktenwald and Program Director of Office of Equality and Access to Courts Debi S. Tulang-DeSilva, the Judiciary held its first comprehensive Language Access Training. The Training was attended by the Judiciary, CNMI Bar Association, and various sectors of our island community to learn how to better serve the limited English proficient populations. Notwithstanding the various obstacles, the Judiciary continuously strives to improve the administration of justice and turns hardships into opportunities to better serve the CNMI. Si Yu?us Ma?ase for all those who contributed to these efforts.

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SUPREME COURT

"The Commonwealth supreme court shall hear appeals from final judgments and orders of the Commonwealth superior court. The supreme court shall have all inherent powers, including the power to issue all writs necessary to the complete exercise of its duties and jurisdiction under this constitution and the laws of the Commonwealth. The supreme court shall consist of a chief justice and at least two associate justices. The Legislature may increase the number of justices when necessary." CNMI Constitution Art. IV Section 3

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Justices of the Supreme Court review decisions of the trial court that litigants bring to its attention. That review, or appellate, process, however, requires work both in and outside of the courtroom. Inside the courtroom, the justices hold oral arguments, where they ask the parties questions to clarify arguments made in the written arguments. This process allows the justices to work out certain parts of the case and dialogue with attorneys in real time, and many times, allows the court to get to the core issues in the case. During the COVID-19 pandemic, the oral argument process was adjusted to allow attorneys and parties to virtually attend and argue cases. The Supreme Court also extended public access to the hearings, by streaming the arguments on Facebook. The Court found many solutions for the unique challenges brought by the pandemic.

Table 1: Supreme Court Cases Heard 2018

Quart er

Chief Justice Alexandro C. Castro

Justice John A. Manglona

2019

2020

1st

2nd

3rd

4th

Tot al

Justice Perry B. Inos

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Supr eme Cour t Cler k of Cour t

Swearing in of Supreme Court Clerk of Court Judy T. Aldan. (November 24, 2020)

Supreme Court Deputy Clerk of Court Nora V. Borja (left) with newly sworn-in Clerk of Court for the Supreme Court Judy T. Aldan.

Chief Justice Alexandro C. Castro appointed Attorney Judy T. Aldan as the Clerk of the CNMI Supreme Court, effective November 23, 2020. Mrs. Aldan fills the vacancy left by Attorney Gretchen A. Smith, who accepted a position with the United States District Court for the Northern Mariana Islands. Originally from Saipan, Mrs. Aldan returned home after her post-graduate studies and practiced law in the CNMI after being admitted to the CNMI Bar in 2008.

Chart 1: Opinions Issued - Five Year Trend The Supreme Court was established by Article IV of the NMI Constitution to review issues of law in Superior Court decisions and address certified questions from the other branches. It is the highest court in the Northern Mariana Islands. The Justices, Clerk of Court, and judicial law clerks spend extensive time and effort to ensure the Court renders fair and legally sound opinions. The Supreme Court is fairly young, so it reviews many cases of first impression, or new, never-decided legal issues. These new areas of jurisprudence require extensive research and consideration. The Supreme Court continues to resolve appeals in a fair and timely matter. In 2020, the Court efficiently issued opinions, orders, and press releases and held oral arguments, keeping the public informed of its decisions. In response to COVID-19, it live-streamed appellate sessions, keeping the public informed of its decisions, and issued various orders to ensure safety of court staff and patrons.

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Appellat e Sessions and Or al Ar gument s The Supreme Court holds quarterly appellate sessions each year. In each appellate session, parties file their arguments in the form of written briefs, in which they ask they Court to review certain parts of the trial court?s decision for errors. These requests ask the Court to review the substance of or the procedure employed to make the decision. The briefs are dissected by a panel comprised of three justices? either local justices or justices pro tempore, who temporarily serve on a panel when a local justice must recuse himself. The panel researches the issues presented in the briefs and prepares additional questions to ask the parties at oral argument. After all briefs are filed, the Court holds oral arguments. Two weeks are set aside for oral arguments, in which parties come before the panel to explain the arguments set forth in their written filings. Factual issues and points of law are explained and clarified and the justices will ask the parties questions about any aspect of their arguments or the case. Parties receive twenty-five minutes each to make their arguments and answer questions from the panel. Oral arguments are typically held in the Supreme Court courtroom, and occasionally in the Rota Centron Hustisia, the Kotten Tinian, or at local high schools for the Justices and Judges in the Classroom outreach program. Due to the global pandemic, oral arguments were held using video conferencing and streaming technology for the attorneys and members of the public who wished to attend. Panel members could appear in-person in the Supreme Court courtroom or virtually. Second, third, and fourth quarter oral arguments were successfully held using this process. Due to the resourcefulness of court staff and the implementation of new technology, many appellate cases were heard and disposed in 2020. After oral arguments, the justices deliberate and decide the case. That decision takes the form of a written opinion which is published online for the public to access and later in a reporter issued by the Law Revision Commission. The Supreme Court aims to publish at least twenty opinions each year, depending on how many active cases it has on the docket. In 2020, the Supreme Court surpassed this goal, publishing a total of twenty three opinions.

Table 2: Case Dispositions 2018-2020 2018

2019

2020

Dismissed - Court

Dismissed - Voluntary

Petition Withdrawn

Opinions

Tot al

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The Court hears a number of appeals on a wide set of issues. In 2020, the Court rendered the following opinions:

Table 3: Opinions Issued by the Supreme Court Case Name:

Case File:

Case Dat e:

Just ice:

Appleby v. Villagomez

2020-MP-23

12/17/2020 Castro, Manglona, *Inos

Bank of Hawaii v. Tamanrang

2020-MP-09

5/8/2020 *Castro, Manglona, Inos

Bowie v. APEX Construction, Inc.

2020-MP-05

4/14/2020 Castro, Inos, Camacho

Commonwealth v. Aldan

2020-MP-20

9/14/2020 *Castro, Manglona, Inos

Commonwealth v. Aldan

2020-MP-21

11/13/2020 *Castro, Manglona, Inos

Commonwealth v. Delos Santos

2020-MP-16

7/10/2020 Castro, Manglona, Inos

Commonwealth v. Falig

2020-MP-13

6/4/2020 Castro,*Manglona, Inos

Commonwealth v. Hocog

2020-MP-07

Commonwealth v. Martin

2020-MP-10

5/8/2020 Castro, Manglona, *Inos

Commonwealth v. Ogumoro

2020-MP-08

4/30/2020 *Manglona, Bogdan, Bellas

Commonwealth v. Reyes

2020-MP-06

4/24/2020 Castro, *Manglona, Inos

Commonwealth v. Sablan

2020-MP-11

5/18/2020 *Castro, Manglona, Inos

Commonwealth v. Superior Court

2020-MP-22

In re Estate of Pangelinan

2020-MP-19

8/21/2020 Castro, Manglona, *Inos

In the Matter of a Petition for Certified Question

2020-MP-02

1/14/2020 *Castro, Manglona, Inos

Indalecio v. Mobil

2020-MP-01

1/20/2020 *Castro,Manglona,Inos

Indalecio v. Mobil Oil Marianas, Inc.

2020-MP-03

4/3/2020 *Castro, Manglona, Inos

Joeten Motor Co. v. Leon Guerrero

2020-MP-14

6/15/2020 *Manglona, Inos, Torres

Lizama v. ANZ Guam, Inc.

2020-MP-17

7/17/2020 Castro, *Manglona, Inos

NMHC v. Superior Court, Writ

2020-MP-18

7/22/2020 Castro, Manglona, Inos

Norita v. Commonwealth

2020-MP-12

6/3/2020 Manglona, Inos, Carbullido

Ogumoro v. Ko Han Yoon

2020-MP-04

4/8/2020 Castro, *Manglona, Bogdan

Triple J Saipan, Inc. v. Ogo

2020-MP-15

4/24/2020 Manglona, Inos, Torres

11/17/2020 Castro, Manglona, Inos

6/29/2020

Castro, Manglona, *Inos

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Former Supreme Court Clerk of Court Gretchen A. Smith with Chief Justice Alexandro C. Castro. (November 24, 2020)

Former Supreme Court Clerk of Court Gretchen A. Smith (left) with Supreme Court Deputy Clerk of Court Nora V. Borja (right).

Former Supreme Court Clerk of Court Gretchen A. Smith Gretchen served as Clerk of the Supreme Court for a year and a half. In addition to her Clerk of Court duties, she mentored the Supreme Court law clerks, assisted in drafting opinions and proposed rules, and spearheaded the High School Mock Trial Committee. In 2020, she received the Chief Justice Award for her service and dedication to the court.

2020 Mock Trial Coordinator Gretchen Smith and CNMI Bar Association Executive Director Peonie Cabrera (above) appeared on Power 99's Breakfast Show with Big Boy this morning to talk about the upcoming CNMI High School Mock Trial competition happening on Thursday, February 27, and Friday, February 28, at the U.S. District Court for the NMI. Gretchen Smith welcomes students to Day One of the 22nd annual High School Mock Trial Competition. (Left)

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Cour t Rules Commit t ees The Supreme Court has the authority to promulgate rules governing court procedure. Throughout the year, committees closely examined rules, guidelines, and policies to ensure the NMI keeps apace technological advances, new legislation, and case law. The committees provide an opportunity for NMI Bar members, agencies, and other members of the legal community to discuss important issues affecting the administration of justice. The following includes the committees initiated in 2020 and the progress made. Criminal Procedure The Criminal Procedure Rules Committee met on a weekly basis, closely comparing each rule with NMI case law and Federal Rules of Criminal Procedure. The Committee is currently drafting a report to send to the NMI Supreme Court for further evaluation. Supreme Court Rules Comprised of Judiciary and Bar members, this committee began meeting in late 2020 to revise the NMI Supreme Court Rules. These Rules govern the appellate court process in the NMI. The committee has made steady progress and provided the Judiciary with great insight as to how to improve appellate procedure. It hopes to finish reviewing the Rules and submit changes to the Legislature in 2021.

The Rules of Criminal Procedure Committee, chaired by Justice Perry B. Inos, meets weekly in the Supreme Court to carefully consider each criminal procedure rule. (October 20, 2020)

The Committee on the NMI Supreme Court Rules, governing appellate procedure, chaired by Justice John A. Manglona, held monthly meetings to propose amendments. (December 4, 2020)

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Alt ernat ive Disput e Resolut ion The Mandatory Alternative Dispute Resolution Rules Committee, which includes several representatives of the NMI Bar, has drafted proposed amendments which will be finalized in early 2021. E-Record Land recordation statutes do not authorize electronic recording and only allow for manual, in-person recordation. The E-Record Committee submitted proposed legislation and drafted a set of rules authorizing the Commonwealth Recorder?s Office to electronically record certain documents. As of December 2020, the legislation was before the Senate and the House of Representatives. The rules were later passed and adopted by the Judiciary. E-Filing & Service The E-Filing Rules received significant revisions in 2020 to bring them in line with current court procedure and technological advances. NMI Bar members sent in comments and recommendations, which the committee reviewed at weekly meetings. The Judiciary hopes to submit the Rules to the Legislature in early 2021. Family and Child Support Guidelines The Supreme Court adopted the NMI Child Support Guidelines in April 2020. These were drafted by a committee with representatives from the Judiciary, Office of the Attorney General, Micronesian Legal Services, Nutritional Assistance Program, and the Department of Commerce. Language Access Plan and Policy The Language Access Plan and Policy (?LAPP?) Committee met every other month to discuss various language access issues affecting the Judiciary. The Committee drafted and moved to adopt Court Interpreter and Translator Qualifications and Requirements and a Judiciary Standardized Questionnaire for Courtroom Interpreters. The Committee is currently revising the language policy, drafting standards for interpreter certification, and improving overall access to the courts for speakers of different languages in the NMI. Various trainings for interpreters, Judiciary staff, and the legal community were conducted throughout the year. Traffic Rules The Traffic Rules Committee met as needed throughout the year. It met intermittently with the Superior Court and Department of Public Safety as traffic citations are beginning to be electronically filed. The Rules will be updated to reflect the e-citation process. Vehicle Policy The Vehicle Policy Committee drafted a vehicle policy specifically for the Judiciary, a never-been-done-before task. The Committee presented a draft to the Supreme Court. It will then be sent to the Judicial Council for approval and adoption.

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Law Cler k s of t he Supr eme Cour t

John B. Layde Law Clerk to Chief Justice Alexandro C. Castro

John Brendan grew up in Milwaukee, Wisconsin. He attended the University of Wisconsin-Madison where he received his undergraduate degree in History. John Brendan went on to Oxford University to pursue his Master's Degree in History followed by his Juris Doctor from UC Berkeley Law School. He began clerking for Chief Justice Alexandro C. Castro in August 2019. John Brendan likes driving, running, jui-jitsu, and sailing.

Emily N. Dombrowski Law Clerk to Justice John A. Manglona

Emily is from Flower Mound, Texas. She attended Southern Methodist University in Dallas, Texas for her undergraduate degree and went to Tulane University Law School in New Orleans, Louisiana. She graduated in 2019, after which she began clerking for Justice John A. Manglona. She enjoys diving, hiking, yoga, and taking care of her foster puppy, Lucy.

Carmen V. Borja Law Clerk to Justice Perry B. Inos

Carmen was born in Castro Valley, California but grew up on Saipan. She got her undergraduate degree from the University of Washington Seattle and graduated from University of New Mexico School of Law. Since March 2020, she has been working as a law clerk to Associate Justice Perry B. Inos. Carmen loves viewing travel guides on YouTube.

Supr eme Cour t

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A d m i n i st r at i v e O f f i ces

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Dir ect or of Cour t s

The Director of Courts oversees the Administrative Offices of the Judiciary. The Administrative Offices include : Budget and Finance Office Office of Procurement Grants Management Office Human Resources Office Information Systems Office Marshals Service Division Facilities Management Office

Sonia A. Camacho Director of Courts (March 1, 2020)

Top row, from left: Family Court Manager Queanna C. Sablan, Chief Marshal Jason T. Tarkong, Human Resources Officer Michelle V. Guerrero, Chief Probation Officer Simram W. Simram, Special Assistant to the Presiding Judge Rochelle L. Vazquez, General Counsel Hyun Jae Lee, Budget and Finance Director John T. Villagomez, Systems Administrator Michael C. Villacrusis, Director of Courts Sonia A. Camacho, Clerk of the Superior Court Patrick V. Diaz, Chief Justice Alexandro C . Castro, and Clerk of the Supreme Court Judy T. Aldan.

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Budget and Finance Of f ice The Budget and Finance Office (BFO) is in charge of all accounts payable and receivable, procurement, and any monetary needs of the Judiciary. The BFO cautiously monitors the budget and facilitates exonerated bail and payments made for services like traffic clearances, driver?s licenses, and child support payments. The year 2020 was a difficult time for the BFO. In 2020, the BFO felt the effects of the coronavirus disease 2019 (?COVID-19?)--specifically two budget reductions, which resulted in a shortage of staff. Additionally, the BFO was impacted by the Heating, Ventilation and Air-Conditioning (?HVAC?) System and

From left: Accountant II Evelyn P. Calvo, Budget and Finance Director John T. Villagomez, and Accountant I Shanna W. Flores. (November 24, 2020)

Mold Remediation project, which resulted in the relocation of the BFO twice in 2020.

The Budget and Finance Office moved from the Superior Court's Administrative Services Office number 5 to the Atrium. It relocated a second time from the Guma' Hustisia's Atrium to the Marianas Business Plaza. Photos from left: Guma' Hustisia Administrative Office which housed the Budget and Finance Office, the Atrium, and the Marianas Business Plaza.

Despite these challenges, the BFO assisted in the production of multiple budget proposals--including the NMI Judiciary?s Fiscal Year (?FY?) 2021 budget request, a revised FY2021 budget request, the spending plan for CARES Act funding, and several amended CARES Act spending plans. The BFO was able to keep all its services going both to the Judiciary and to the public.

In February 2020, Shanna Flores joined the Budget and Finance Office as Accountant I. Evelyn P. Calvo, right, received the 2020 BFO Employee of the Year award.

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The Judiciar y's Budget : 20 20 -20 21 Executive Branch Imposed Two Drastic Reductions The Judiciary's FY2020 budget went through two rounds of cuts. The first budget reduction of 28.3343%, or $1,782,026, occurred in early February. The second reduction came in late March, and increased the cut to 48.1635%, resulting in a total reduction of $3,029,141. By March, $2,620,538.33 had already been allotted to the Judiciary, leaving only $639,610.67 for the seven remaining months of the fiscal year. In order for the Judiciary to adjust to the reduced budget, it decreased pay period hours from 80 to 64 hours for most employees starting on March 15, 2020 and reduced its workforce by 24 employees. Still, the Judiciary?s Personnel funding suffered a total shortfall of $1,094,854.

Chart 2: FY 2020 Budget

The Budget and Finance Office started the FY2021 budget process in January and submitted the Judiciary?s budget of $11,577,861 to the Legislature on March 1, 2020. A month later, Governor Ralph DLG. Torres submitted a proposed budget of $3,411,658 for the Judiciary. The Governor?s proposal, however, only budgeted staff at 50% of their salaries. Following the 2020 Fiscal Summit in April, the Judiciary submitted an amended FY2021 budget proposal of $5,197,355 on June 2, 2020. In July, Governor Torres submitted the

Executive Branch?s amended FY2021 proposal for all entities. He proposed a total budget of $4,366,640 for the Judiciary. Finally, on October 1, 2020, the Governor signed into law Public Law (PL) 21-135, which made appropriations for operations and activities of the NMI government for FY2021. PL 21-135 appropriated a total budget of $4,746,200 for the Judiciary. The appropriation allocated funds for 94 full time employees, with 74 funded at 80% of their salary. It also established Mondays as the government's weekly austerity day.

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Chart 3: Judiciary Utilities - Three-Year Trend

Table 4: Abandoned Funds

Abandoned Funds Act Public Law 18-36 The Abandoned Funds Act was enacted February 14, 2014.? It requires "all unclaimed third-party funds within the Commonwealth Judiciary to be deposited into a special imprest account specifically for the use of the Judicial branch; and for other purposes." ?

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Of f ice of Pr ocur ement Table 5: Procurement Services

Service (Sept .-Dec. 2020) Purchase Orders

Tot al 105

Emergency Procurement

Contracts (including change orders)

Publications (i.e. RFP, RFQ, etc.)

6 In 2020, the Supreme Court established the Office of Procurement through its rule making authority under Section 9(a), Article IV of the NMI Constitution. The chief justice then appointed a procurement officer, whose duties include the processing and oversight of all procurement matters for the Judiciary. Since establishment, the Office of Procurement has assisted with multiple small- and large-scale procurements for both day-to-day and pandemic-related projects. Procurement of HVAC and mold remediation services, items needed for daily operation, and supplies and construction made necessary by the pandemic were possible only through the dedication and oversight of this office.

Chief Justice Alexandro C. Castro signs the appointment letter designating Martha B. Mendiola as Procurement Officer. (August 13, 2020) Procurement Officer Martha B. Mendiola

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Gr ant s Management Of f ice Drug Court Grant

Grants Administrator James W. Stowell

In 2020, a revised budget was submitted and allotment form accepted by Federal Grants Finance. As 2020 ended, in preparation for imminent use of the funding, Executive Legal Assistant Dean Palacios and Grants Administrator (GA) Jim Stowell tried to confirm that full ASAP and JustGrants registration and role assignments for the Judiciary were in place for purposes of reporting and the access of funds. GA Stowell also attempted to arrange a meeting with Agnes Cepeda, Federal Grants Manager at CNMI Finance, to discuss and role play the draw down process to ensure understanding of the parts to be played by those registered with ASAP and JustGrants.

Criminal Just ice Planning Agency All grants funding from CJPA were frozen. CJPA has been unable to successfully navigate the migration to JustGrants and ASAP software. Communication through these new portals to and from the Department of Justice Programs has not been achieved. Funds could not be drawn for VAVA or VOCA grants. Document Ret ent ion The types of documents to be retained were organized in a listing produced in November. The retention period for each document type was noted. Documents should be retained either: (a) in perpetuity or (b) three years based on the Federal grant?s record retention general rule. During the last quarter, all documents were backed up on an independent hard drive by the Information Systems Unit. Once retention periods have been somewhat better defined and approved, paper and digital copies of some documents will be disposed.

Table 6: Fund Status Descript ion

Amount

Not es

CJPA Federal Grants (JAG, VAWA, VOCA)

$213,173

Federal Drug Court Grant 2018-DC-BX-0136 Loc

$226,732

Annual Amount

RSAT Renovation

$157,005

7190V (2018) SLL 20-26

Drug Court

$223,955

2415B (2018) SLL 20-24

Drug Court

$18,603

7183A (2018) PL 20-42

Tot al

$839,468

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FEM A Pr oject s There are six key FEMA funded Typhoon Yutu projects for the Saipan Guma' Hustisia and Kotten Tinian: Stucco Repair, Sally Port Roof Repair, Roof Tiles Removal, Elevators Repairs, and the Perimeter Fence. Scope of work contractors who had previously been selected through the Request for Proposals were re-contacted to ensure that they were still interested in the job for which they had bid, at the price they offered. NMI Public Assistance offered to bring in Andre Tenorio of the firm GHD, Inc. to oversee these projects and provide architectural and engineering services. A scope of work will be developed for the three elevators needing replacement. Obtaining reimbursement for repair costs already paid was slow, but Pacific Cooperation was paid for its replacement of the atrium ceiling. The Judiciary has not been reimbursed through the local Public Assistance process for its out of pocket expenses to the local firm N15 for their architectural and engineering services. Below is a table of related Typhoon Yutu recovery costs and associated reimbursements. The Judiciary is working to streamline the local accounting and reimbursement process.

Table 7: Reimbursements (FEMA) Work descript ion and PW

Reimbursement s Sought

Amount received t o dat e

Emergency Repairs PW 39

$199,265.18

$199,265.16

Atrium Ceiling Repair

$566,450

Architectural & Engineering, roof

$29,900

Electrical Repairs PW 154

$26,017.33

Tot als

$821,632.51

$765,715

CARES Act Sanit izat ion Equipment Project The primary focus of the Grants Administration Office for the CARES Act was the sourcing of Ultra Violet Light (UV) equipment to be deployed in the new Security Screening Zone (SSZ) and other areas of Judiciary operations, including those on Rota and Tinian, and remote offices. Selections were made from four different vendors who represented the highest-grade equipment to filter air and clean surfaces using UV light and filtration systems. While masks, social distancing, and temperature screening shield against COVID-19, our applied applications of Ultra Violet light will be the sword to attack the virus and produce cleaner working environments for Judiciary employees and visitors. The Judiciary considered a variety of approaches. In combination, the Biolux probes and the Troffers will maintain circulation of clean air in the Guma' Hustisia?s new entrance. The Far-UV sanitizing arch will reduce the number of viruses and particulates inadvertently being carried into the building on persons, attire, and personal items. The Hygeaires will continually treat the air in the courtrooms and other parts of the building. The mobile air purifiers will provide enhanced air purification power where needed. Finally, the Biolux Lamp surface cleaners will obliterate the COVID-19 virus, cold and flu germs, and mold spores in the air and on surfaces.

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Human Resour ces Of f ice In 2020, the Human Resources Office completed new hire processing, employment contract renewals, position/title and salary restructuring, resignations/terminations processing, and vacancy announcements and fulfillment as part of its normal operations. It also coordinated staff training and professional development workshops throughout the year. HR works closely with each division of the court and responds to their needs. In addition to performing the normal daily functions, Human Resources was also involved in: Michelle V. Guerrero, Human Resources Officer

Teleworking On March 17, 2020, the NMI Supreme Court issued Administrative Order No. 2020-ADM-0002-MSC, In Re Court Operations and Proceedings in Response to Novel Coronavirus Disease. The order closed Judiciary facilities and provided caseload management measures from March 17, 2020 to April 3, 2020. While our facilities were closed and we continued to exercise social distancing and other health and safety protocols, we held each division responsible to perform work and address pending projects during business hours while at alternate work sites, which for many employees was their home. Family First Coronavirus Response Act (FFCRA) FFCRA act went into effect on April 1, 2020. This act amends the Family Medical Leave Act (FMLA) to provide mandatory sick leave to eligible employees and contains a number of provisions to provide relief during the COVID-19 crisis. The provision applied from the effective date through December 31, 2020. Ensuring Employee Safet y HR helped form a plan to maintain social distancing and stock up on hand sanitizer and soap. It also encouraged employees to get tested for COVID-19. Employees were educated about virus transmission and encouraged to use masks. CARES Act HR coordinated the receipt and distribution of donated relief goods as well as the dissemination of information from Homeland Security and other agencies to employees.

The Office of Adult Probation Supervision CARES Act employees receive COVID-19 precautionary signs and customized Judiciary reusable masks. (August 26, 2020)

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Table 8: Professional Development ? Training Sessions Session Name

Dat e(s)

# of Part icipant s

Language Access Policy and Plan Training

January 13

Language Access Policy and Plan Training

January 14

Language Access Policy and Plan Training ? Interpreter

January 15

Language Access Policy and Plan Training ? Session I & II

January 16

55 + 41 = 96

Language Access Policy and Plan Training - Committee

January 17

PJC: American College of Trial Lawyers ? Trial Practice

January 27-29

Marshal Services Unit

March 13

Language Access Policy and Plan Training

March 16

CARES Act Training

August 7

Sexual Harassment Prevention Commission Investigator

September 2

CARES Act Training

September 18

Firearms Training for CARES Act Deputy Marshals

September 30

COVID-19 Public Health Emergency: Government?s Response and Mitigation

November 24

Our Mental Health Matters (2020 PD)

November 24

Beginners Technology (2020 PD)

November 24

Advance Technology (2020 PD)

November 24

Writing Refresher Part I

November 24

Writing Refresher Part 2

November 24

Health and Wellness

November 24

Training of Newly Adopted Rules: Rules of Procurement

December 4

Language Access Plan and Policy (LAPP) Training (March 6, 2020) CARES Act Training (August 7, 2020)

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Infor mat ion Syst ems Of f ice

From left: former Computer Specialist Okalani R. Shiprit, former Computer Specialist Eva P. Calvo, Systems Administrator Michael C. Villacrusis, Computer Specialist Jorale A. Mendoza, and former Computer Specialist Mark G. Hidalgo. (November 24, 2020) The Information Systems Office (ISO) is a two-person team within the Judiciary. With the help of the CARES Act, the ISO hired temporary personnel to assist with day-to-day activities. The ISO provides technological support for all sites on and off-island -- the Centron Hustisia in Rota, Kotten Tinian in Tinian, and the Marianas Business Plaza and District Court for the NMI alternate locations. Courtroom relocation, ongoing department operations, connectivity for public services, telework equipment set-up, and virtual demands redirected many hours from the ISO team's usual activities. Nonetheless, the ISO team was able to continue operations and improvement projects within the Judiciary. Because of COVID-19, the ISO standardized and upgraded equipment. This coincided with the 2018-2022 Strategic Plan, strategy 4.2 ? ?Standardize courtroom technology and equipment.? Equipment updates take place in phases, based on the Judiciary's available budget. With equipment nearing its eighth year of service, it was necessary for the Judiciary to replace most with multi-use, mobile work stations. In 2018, the ISO completed the first stage of equipment updates by distributing 25 units of equipment. The following year, the second and third stages of the project were nearly completed: 29 of 35 units were distributed. If not for the pandemic, which caused a disruption in the ISO's services, the fourth and final phase of the equipment update project would have been completed and the remaining units would have been distributed in 2020. The ISO team, in addition to the routine upgrade projects, facilitated numerous upgrades specifically in response to the pandemic. The office fielded requests for increased connectivity, staff relocation, employee teleworking, virtual hearing/meeting set-ups, and training sessions. In addition to this line-up, the ISO team assisted with data management planning in the construction phases of the Guma? Hustisia reopening projects and inter island connectivity with Rota and Tinian. Last, but not least, a new website for the Judiciary (www.nmijudiciary.com) was officially launched to increase the public's access to updates and information. This website aided in decreasing in-person contact during the pandemic.

CARES Act Computer Specialist I Eva Calvo assists with MSTeams set-up in the deliberation room.

CARES Act Computer Specialist I Mark G. Hidalgo troubleshoots a monitor error.

2020 An n u al Repor t | 25

Mar shals Ser vice Division Security and public safety is the goal of the Marshals Service Division. Its mission is to provide a safe and secure environment for the Judicial Branch of the Commonwealth of the Northern Mariana Islands; ensure that the judicial process can function freely, without threats, intimidation, or violence; to diligently execute all writs, processes, warrants and orders of the Court; and assist and serve the people of the Commonwealth of the Northern Mariana Islands. In 2020, amidst a global pandemic, the MSD continued to improve court security and bench protection among the alternate sites. Among other statistics, the division facilitated 32,001 courthouse entries, confiscated 40 prohibited items, brought 395 detainees to the courthouse, executed 254 bench warrants, and served 297 jury summons.

From left: Deputy Marshal III Roemar S. Segotier, Deputy Marshal III Jesus S. Santos, Deputy Marshal I Leon L. Lizama II, Deputy Marshal I Sherla M. Sablan (Rota), Deputy Marshal II Dustin J. Pangelinan, Probation Officer I Berliann P. Higgins, Deputy Marshal I Maria M. Tudela, Chief Marshal Jason T. Tarkong, Deputy Marshal I Eric B. Esteves, Deputy Marshal I Jason T. Camacho, and Deputy Marshal I Scottie S. Aguon. (November 24, 2020) Table 9: MSD Enforcement Activities

SERVICE

CARES Act Deputy Marshal I Cindy T. Alo (Tinian) training with a simulation gun in preparation for her firearms certification.

TOTAL

Courthouse Entries

32,001

Prohibited Items Confiscated

Detainees at Judiciary and Arrestees Remanded to DOC

395

Bench Warrants Executed & Pending Bench Warrants

254

Court Processes & Orders

297

Bench Protection

From left: Deputy Marshal III Roemar S. Segotier and former CARES Act Deputy Marshal I Sherla M Sablan (Rota). (November 24, 2020)

The Marshals Service Division (MSD) was established under 1 CMC § 3901. The Marshals are deemed law enforcement officers with authority equivalent to that of police officers. They are tasked with ensuring public safety in three courthouses. Some of their duties include performing general court security; providing security services to personnel, participants in court proceedings, and the general public visiting the judicial facilities; providing security for justices and judges outside of courthouse and alternate site grounds and while on official business; serving various forms of process; and assisting with the transportation of prisoners. By law, the MSD must undergo firearms training and other periodic certification to the same extent as the Department of Public Safety.

Deputy Marshal III Roemar S. Segotier announcing the next number in the queue. (May 2020)

Deputy Marshal I Maria M. Tudela monitoring the flow of court patrons at the cashier's window. (May 2020)

The MSD was instrumental in securing the safety of the bench members and the public at alternate sites while the Guma?Hustisia remained partially closed. It performed 40 bench protection requests. The MSD also assisted the Drug Court Division in its overnight operations, providing security and supervision to ensure safety of Drug Court staff, notwithstanding its staff shortage. In addition, the marshals hired under the CARES Act were instrumental in ensuring a safe environment for court patrons. They took temperatures and contact information, sanitized chairs and waiting areas, and escorted patrons during inclement weather in addition to their regular duties, all to maintain a safe space for staff and visitors and prevent the spread of COVID-19. The MSD controlled the queuing area to monitor social distancing and ensure that all court patrons are signed in for contact tracing purposes. Unfortunately, due to CARES Act funding limitations, seven marshals--five on Saipan, one on Tinian, and one on Rota--were released from the team as their contracts expired. Security and law enforcement remain top priorities in the MSD, however. The MSD were also availed of online/on-site training classes, detailed in Table 9.

Table 10: MSD Online/On-site Training Classes 1

Attitudes at Work

Basic Safety for Probation & Parole Officers

Dental & Oral Health

Disciplining Inmates

Emergency Preparedness

Escorting and Transporting Inmates

Ethical Behavior in Corrections: Best Practices

Fire Safety in Corrections

Workplace Harassment

Workplace Violence

11.

Firearms Re-certification

12.

Homeland Security (Terrorist Deterrence and prevention, hazardous, and etc.)

13.

Officer Survival

14.

Combat Defense

Deputy Marshal I Leon L. Lizama III escorts court patrons to the queuing line. (May 2020)

Deputy Marshal I Jason T. Camacho retrieving contact information from a court patron for contact tracing.

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Facilit ies Management Of f ice For most of 2020, the Facilities Management Office was comprised of one person, who oversees building upkeep and repair for all three courthouses on Rota, Saipan, and Tinian. It receives assistance from the Office of Adult Probation Supervision and Drug Court participants in making minor building repairs and grounds keeping. Although severely understaffed, the office has been instrumental in moving forward with Super Typhoon Yutu repairs, CARES Act construction projects, the HVAC system and mold remediation projects, and ensuring all courthouses look their best.

Building Superintendent Weaver escorts a contractor's employee into the generator room for routine maintenance. (October 29, 2020)

Building Superintendent Gerald E. Weaver reports before the Judicial Council in the Supreme Court Courtroom, Guma' Hustisia. (October 27, 2020)

28 | 2020 An n u al Repor t

Concret e Caps Replace Typhoon-damaged At rium Skylight s

The Facilities Management Office, under the management of Building Superintendent Gerald E. Weaver, is the point of contact regarding all repairs and maintenance needed at the Guma' Hustisia. The pressing projects handled by the Facilities Management Office include: 1. Rebuilding of Atrium Skylights 2. Mold Remediation In October 2018, Super typhoon Yutu destroyed the Guma' Hustisia's atrium skylights. In the following months, rain came into the atrium as the fluttering blue tarps could not sustain the weight. Construction of concrete caps began in late 2019 and was completed in February 2020. In addition to the skylights, the Guma' Hustisia sustained damage to portions of its ducting system. Repairs were completed over the summer of 2019.

2020 An n u al Repor t | 29

HVAC and Mold Remediat ion Project Cont inues In February 2019, shortly after the signing of PL 20-61, the Judiciary met with then-Secretary of Finance Larrisa C. Larson and then-Technical Analyst Ryan C. Camacho. In the following months, a mold remediation committee was created to discuss the construction design submission from WM Engineering Services. On March 16, 2020, the Declaration of Pandemic and Lockdown in the CNMI due to COVID-19 was issued, stalling the mold remediation project. In July 2020, WMES and Chong's Corporation began construction, kick-starting the HVAC and mold remediation project. For this extensive project, WMES and Chong's broke down the courthouse into several areas and aimed to proceed through each area, assessing the space and condition, removing existing ceiling tiles and ducting, and installing chillers and new ducting. These phases are shown in the pictures below.

Assessment of the mechanical room by Chong's Corporation (September 15, 2020)

Arrival of the chillers at the Guma' Hustisia (December 18, 2020)

Removal of ducts at the Guma' Hustisia (September 28, 2020)

Removal of ceiling tiles, ducts, and insulation in Area A (October 13, 2020)

Installation of the main chiller on the roof (December 18, 2020)

The COVI D- 19 Pandemic Special Report This special repor t documents the changes that occur red within the Judiciar y due to the COVID- 19 pandemic.

2020

brought unique challenges to the Judiciar y. With the effects of a global pandemic looming for most of the year and Guma' Hustisia constr uction displacing most staff, the Judiciar y continued ser ving the public. Staff member s did what they do best when faced with a challenge: wor k together .

Judiciary Staff work as a team to complete a team-work oriented task during the Annual Professional Development Day . (November 24, 2020)

Th e Year of th e Pan dem ic

W ORKING TOGETHER

Deputy Marshal Sablan COVID-19 supplies for Rota Hustisia. (August 3, 2020) CARES Act Deputy Marshal Dustin Pangelinan performs a temperature check in the Horiguchi Building, one of the Judiciary's alternate locations.

receives Centron

[ 32 ] TheCOVI D- 19PandemicSpecialReport

C OV ID -19 O r d er s The Judiciary's COVID-19 orders implemented certain safety and screening measures required by the ongoing pandemic. In-person court proceedings were limited, teleworking and virtual meetings were encouraged, and entry of persons exposed to COVID-19 was restricted. With these precautions in place, the Judiciary continued to serve the public through the pandemic.

At a Glance tables give details on COVID-19 cases in Guam and Saipan, keeping track of old, new, and total number of cases.

COV ID -19 Test ing Updat es The Commonwealth Healthcare Corporation, with the NMI Government, issued several guidances explaining measures put in place for COVID-19 testing and contact tracing, as shown above.

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CA RES Ac t Pr o gr am The CARES Act is an economic stimulus bill passed by the United States Congress and signed into law by President Donald J. Trump on March 27, 2020, in response to the novel coronavirus disease (?COVID-19?).

CARES Act Reports submitted July - December 2020

In May 2020, the U.S. Department of Treasury remitted $36,284,217.70 in CARES Act funding to the NMI Executive Branch. On June 19, 2020, the Department of Finance (?DOF?) allocated $1.8 million to the Judiciary. In July, the Judiciary submitted a Spending Plan (?the Plan?) for the allotted $1.8 million. See Spending Plan, Exhibit A. As a fund recipient, the Judiciary adhered to Section 601(a) of the Social Security Act, as incorporated by Section 5001 of the CARES Act. Section 601(a) provides that the CARES Act allocation may only be used to cover: 1. Necessary expenditures incurred due to COVID-19 public health emergency; 2. Costs not accounted for in the budget most recently approved for the Commonwealth as of March 27, 2020 (the date of enactment of the CARES Act); and 3. Expenses incurred from March 1, 2020 to December 30, 2020. In 2020, funds under the CARES Act allowed for the purchase of personal protective equipment as well as the construction of the COVID-19 Screening and Security Zone.

The Judiciary submitted its initial CARES Act Spending Plan to the Secretary of Finance on July 14, 2020.

Guma' Hust isia COV ID -19 Sc r eening and Sec ur it y Z o ne This rendering of the COVID-19 Screening and Security Zone shows ample space for social distancing. The SSZ includes a cashier's window for quick transactions, decreasing foot traffic in the main areas of the Guma' Hustisia.

Construction of the SSZ began in late October with the demolition of the Guma Hustisia's current entrance. A hoarding wall was built to block court staff and patrons from entering the construction site. Court staff and patrons entered and exited the Guma Hustisia on the north side of the building. Once the permitting process was completed, construction of the new entrance began. At the end of December, the CARES Act projects deadline was extended to December 2021 so construction of the SSZ continued. During construction, the Commonwealth Recorder's Office, Cashier, Clerk of the Superior Court, and the Budget and Finance Office temporarily moved to the Marianas Business Plaza so those offices could continue providing services to the public. Courtrooms in the Horiguchi building were secured for proceedings so cases could move forward. By December, due to the work of the contractors and CARES Act team, the SSZ began to take form with the pouring of concrete for much of SSZ. Despite several weather delays, the SSZ was completed in early February 2021.

The Guma' Hustisia front entry makes way for the COVID-19 Screening and Security Zone and a newly erected hoarding wall provides added safety during construction. (October 15, 2020)

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C OV ID -19

Sc r een in g a n d Sec ur it y Z o n e C o n st r uc t io n T imel in e August 2020 to December 2020 Marianas Geotech Services, LLC conducting soil boring outside the Guma Hustisia. (August 28, 2020)

The Guma' Hustisia's entryway is demolished and debris are cleared. (October 20, 2020)

HBR International continues excavation work. (November 10, 2020)

The cement roof pouring phase begins. (December 19, 2020) Rebar is laid in preparation for floor and stair pouring. (December 11, 2020)

Above: The Cashier's and Budget and Finance Office window demolition made way for the new SSZ. (October 15, 2020) Left: Principal Architect Samuel M. McPhetres shows potential contractors where the SSZ will be during the RFQ Contractor-On-Board Pre-Submission meeting. (September 15, 2020)

Concrete columns for the SSZ stand visible. (November 27, 2020)

Cement is poured for the SSZ's retaining wall. (December 29, 2020)

[ 38 ] TheCOVI D- 19PandemicSpecialReport

C A R ES A c t Per so n n el The Judiciary hired sixteen (16) full time temporary employees, consisting of marshals and administrative staff, and seven (7) temporary part time employees. These additional staff assisted with CARES Act related work. The Budget and Finance Director, with the Procurement Officer, assisted with all budget and financial CARES Act matters. Staff attorneys and law clerks assisted with legal research, drafting reports, reviewing contracts, attending meetings, and helped the Committee with any other CARES Act matters. The Systems Administrator ensured the Judiciary?s internet connectivity was reliable for virtual court hearings, procured contact-free electronics, and assisted with all electronic CARES Act related matters. All full time employees were sworn in by Chief Justice Alexandro C. Castro in September. General Counsel Hyun Jae Lee conducted two CARES Act trainings for new staff, in which she provided a comprehensive overview of the CARES Act and answered questions.

EM ILY N. DOM BROWSKI LAW CLERK

M ICHAEL C. VILLACRUSIS SYSTEM S ADM INISTRATOR

JOHN T. VILLAGOM EZ BUDGET AND FINANCE DIRECTOR

M ATTHEW J. BROWN STAFF ATTORNEY

Table 11: Temporary Part-time Employees Name

Tit le

CARES

Emily N. Dombrowski Law Clerk

8 hours

John T. Villagomez

8 hours

Budget and Finance Director

Michael C. Villacrusis System Administrator

16 hours

Matthew J. Brown

Staff Attorney

8 hours

Martha B. Mendiola

Procurement Officer

16 hours

Gretchen A. Smith

Clerk of the Supreme

8 hours

Carmen V. Borja

Law Clerk

8 hours

M ARTHA B. M ENDIOLA PROGRAM S AND RESOURCE SPECIALIST/ PROCUREM ENT OFFICER

GRETCHEN A. SM ITH CLERK OF THE SUPREM E COURT

CARM EN V. BORJA LAW CLERK

C A R ES A c t Per so n n el : A dmin ist r at io n The CARES Act Administ rat ive Team consist s of one CARES Act Coordinat or, Joleen T. Salas, and t wo CARES Act Administ rat ive Officers, Nadia Mae B. Moses and Josephine N. Est rada. See below for the CARESAct Coordinator's Report:

The object ives of t he Judiciary under t he CARES Act are as follows: "Being part of the CARES Act team allowed us the opportunity to aid in our community's safety during this pandemic. We've learned a lot from this experience and we are grateful for the leadership and teamwork that this opportunity afforded us. We faced many challenges along the way but they have only made us grow to love the work we do." - Joleen T. Salas, Nadia B. Moses, and Josephine N. Estrada

1. To hire staff who will provide administrative support to manage CARES Act funds as well as staff who may enforce compliance with COVID-19 protocols among customers, court patrons, and other Judiciary staff 2. To obtain Personal Protective Equipment (PPE) for all Judiciary staff 3. To provide ample room in the Guma' Hustisia for customers, court patrons, and Judiciary staff to screen for the Coronavirus as well as providing the public with space to maintain six feet social distancing

4. To provide all Judiciary locations with the services and equipment for sanitization 5. To improve bandwidth, networking, teleworking/alternate site capabilities for justices, judges, litigants, and staff to enable compliance with the COVID-19 public health emergency 6. To rent alternate sites that will provide sufficient space to conduct jury selection and court hearings W it h t he help of CARES Act funding, t he following object ives were accomplished: 1. The Judiciary was able to maintain administrative staff and Deputy Marshals throughout the 2020-2021 year. 2. The CARES Act administrative team supplied and restocked PPE that were made available to Judiciary staff on Saipan, Tinian, and Rota. 3. The construction of the COVID-19 Screening and Security Zone was spearheaded and completed in February 2021. 4. Procurement of sanitization equipment and services such as a.

Janitorial services for Saipan, Tinian, and Rota - Janitorial services provided daily cleaning in courtrooms, restrooms, chambers, and staff offices as well as the alternate locations: Marianas Business Plaza courtrooms and office space, Law Revision Commission, and OAPS satellite office.

Ultra-violet sanitization equipment

CAAO Moses inputting checks into the JDEdwards System. (September 18, 2020)

[ 40 ] TheCOVI D- 19PandemicSpecialReport The Administ rat ive t eam collaborat ed wit h ot her divisions t o accomplish t he following: 1. Procurement of sanitization equipment spearheaded by Grants Administrator Jim Stowell a. Hygeaire (Ultra-violet air disinfection equipment) b. Surface Cleaners c. Handheld UV wands d. Cleanse troffers (Air filtration unit with ultra violet light) e. UV bulbs for Air Handling Unit in SSZ f. UV Archway g. Stand up air purification units 2. Internet bandwidth was upgraded at the following locations: a. Guma?Hustisia b. Marianas Business Plaza c. Centron Hustisia d. Kotten Tinian The following equipment was procured for Judiciary st aff t o ut ilize while working remot ely: a. Laptops b. Scanners c. Thumb Drives d. External Hard drives

The CARES Act administrative team updated justices and judges on CARES Act projects at the Judiciary Professional Development Day Bench Business Meeting. (November 24, 2020) (From left) Judge Joseph N. Camacho, Judge Teresa Kim-Tenorio, Josephine Estrada, Joleen Salas, Nadia Moses, Presiding Judge Roberto C. Naraja, and Chief Justice Alexandro C. Castro. Also in attendance were Justice Perry B. Inos, Justice John A. Manglona, Judge Kenneth L. Govendo, and Judge Wesley M. Bogdan.

Addit ionally, t wo kiosks were procured t o reduce in-person cont act : a. Queuing Kiosks: Reduces person to person contact and allows for efficient service b. Probation Kiosk: Low risk offender reporting (check-in updates on employment, housing, new children, new spouse)

CARES Act Coordinator Joleen T. Salas (above), CARES Act Administrative Officers Nadia Mae B. Moses (far left) and Josephine N. Estrada take the Oath of Office.

Commonwealth Recorder's Office Scanning Clerk receives technical support from Computer Specialist Mark Hidalgo. (August 28, 2020)

The Office of Adult Probation Supervision CARES Act employees receive COVID-19 precautionary signs and customized Judiciary reusable masks. (August 26, 2020)

C A R ES A c t Per so n n el : O f f ic e o f A d ult Pr o bat io n Super v isio n In August, the Judiciary hired two (2) Probation Officer I's, Barbara Santos-Maliuyaf and Priscillia C. Camacho. The Office of Adult Probation Supervision (OAPS) CARES Act staff was responsible for ensuring that the office was compliant with all necessary COVID-19 prevention measures. Staff ensured COVID-19 signage was posted throughout the facility and visitors complied with mask and social distancing mandates. OAPS CARES Act staff stayed up-to-date with new government and health authority guidelines concerning COVID-19 and made sure this information was updated for public viewing. OAPS CARES Act staff also disinfected and sanitized work spaces, equipment, and public spaces to maintain a safe and hygienic environment. Screening employees and clients upon entry also ensured the well-being of OAPS staff and clientele. In-person contact was reduced by notifying clients over the phone.

C A R ES A c t Per so n n el : Sc a n n in g Cl er k I In August, the Judiciary hired three (3) Scanning Clerks: Josephine Estrada, Lana Togawa, and Nikita Cabrera. These employees compiled court documents that needed to be scanned for remote access and limited person-to-person contact purposes. Additionally, scanning clerks assisted divisions suffering staff losses as a result of the financial impacts of the pandemic. In 2020, two of the three scanning clerks, Josephine N. Estrada and Lana C. Togawa, resigned.

JOSEPHINE N. LANA C. ESTRADA TOGAWA BARBARA SANTOS-M ALIUYAF

PRISCILLIA C. CAM ACHO

PROBATION OFFICER I

SCANNING CLERK I

NIKITA M . CABRERA SCANNING CLERK I

[ 42 ] TheCOVI D- 19PandemicSpecialReport

From left: Computer Specialist Okalani R. Shiprit, Computer Specialist Eva P. Calvo, Systems Administrator Michael C. Villacrusis, Computer Specialist Jorale A. Mendoza, and Computer Specialist Mark G. Hidalgo. (November 24, 2020)

C A R ES A c t Per so n n el : In f o r mat io n Sy st ems O f f ic e The Information Systems Office (ISO) is a two-person team within the Judiciary. Because of the CARES Act, the ISO was able to acquire three full time temporary employees: Okalani Shiprit, Eva-Sophia CaIvo, and Mark Hidalgo. ISO provides all technological support for all sites, including the Rota and Tinian courthouses and alternate sites. Relocation of courtroom settings, managing department operations, planning connectivity tools for public services, coordinating increased teleworking and virtual demands diverted many hours from ISO infrastructure project development. The office fielded requests for an increased connectivity, staff relocations, employee telework set-ups, trainings, and set-up of virtual platforms for hearings and meetings. It also assisted with the data management planning in the construction phases of the Guma?Hustisia reopening projects and inter island connectivity with Rota and Tinian. On top of it all, the office launched a new website for the Judiciary (www.nmijudiciary.com) to increase public access to updates and information.

C A R ES A c t Per so n n el : M a r sh a l s Ser v ic e D iv isio n The Judiciary hired two Deputy Marshal II's: Dustin Pangelinan and Berliann Higgins. Four Deupty Marshal I's were hired: Cindy Alo, ie Aguon, Eric Esteves, and Sherla Sablan.

DUSTIN B. PANGELINAN DEPUTY M ARSHAL II

BERLIANN P. HIGGINS DEPUTY M ARSHAL II

CINDY T. ALO DEPUTY M ARSHAL I, TINIAN

DEPUTY M ARSHAL I

ERIC B. ESTEVES DEPUTY M ARSHAL I

SHERLA M . SABLAN DEPUTY M ARSHAL I, ROTA

Since the relocation of the Judiciary's offices and courtrooms at Guma' Hustisia and Marianas Business Plaza, the Deputy Marshals provided needed support behind the scenes?including collecting and compiling the Daily Work Summary Reports within the MSD, collecting data for CARES Act log sheets (e.g., contact tracing log sheets), and gathering quotes for CARES Act SCOTTIE L. AGUON procurement items.

Items purchased utilizing CARES Act funds: hand sanitizers, signage, customized reusable masks, various Personal Protective Equipment (PPE), and Ultra-violet equipment

C A R ES A c t : Fin a n c ia l R epo r t The Judiciary's CARES Act Spending Plan allocated $1.8 million in CARES Act funding for personnel, items, and projects necessary to combat the spread of COVID-19. The Spending Plan budgeted $1,505,000 for All Othersand $295,000 for Personnel. Expenditures were made in line with the Plan and with the approval of the Department of Finance. These costs were not accounted for in the Judiciary budget. Based on the evolving nature of the COVID-19 pandemic, the Judiciary found it necessary to modify the Plan and request additional funds.

funding was set aside for various projects, sanitization items, and services. The Judiciary submitted a CARES Act Supplemental Request asking for another $200,000 to be allocated.

In October, the Judiciary spent CARES Act funding primarily on the COVID-19 Security and Screening Zone (SSZ) costs, internet services, and computer and sanitization equipment. The CARES Act team purchased sanitization equipment for use around the Guma' Hustisia and alternate sites. CARES Act funds were also used to hire one part-time CARES Act employee.

In December, funds were primarily used to purchase additional technology, personal protective equipment, shipping and handling fees, and additional sanitization equipment. Over the month of December, it became apparent that funds would need to be reprogrammed due to unanticipated costs, such as the cost of additional personal protective equipment, computer systems and equipment, and office equipment. An explanation of these reprogrammed funds was included in a Spending

The Spending Plan was revised and sent to the Department of Finance. Most of the Judiciary's CARES Act

By the end of November, most of the CARES Act funding had been obligated, resulting in a fund status of $356,318 as of November 23, 2020. Funds were primarily used to purchase additional technology and sanitizing items and to pay CARES Act personnel and SSZ construction expenses.

Plan Revision and submitted to the Department of Finance on December 15, 2020. The Supplemental Request submitted on October 29, 2020, was still pending. After Congress extended the CARES Act on December 27, 2020, another Spending Plan Revision was submitted on December 30, 2020 to shift remaining funds to "Personnel."

[ 44 ] TheCOVI D- 19PandemicSpecialReport

At t o r n ey A dmissio n s in a Pa n d emic Wo r l d Attorney Admissions occurred on two days, April 9, 2020 and April 17, 2020, so attorneys could be safely sworn in. Bench members, attorneys, and guests wore face masks and practiced social distancing.

Attorney Carmen V. Borja and parents Raymond DLG Borja and Nora V. Borja (April 9, 2020)

Attorney Andrew B. Ojeda (April 9, 2020)

Attorney Carl Allen F. Dela Cruz (April 9, 2020)

Attorney Anthony H. Aguon (April 17, 2020)

Attorney Jonathan Robert Glass, Jr. (April 9, 2020)

Attorney Dustin D. Rollins (April 17, 2020)

At t or ney Admissions SPECIAL SESSION OF THE COURT Chief Justice Alexandr o C. Castr o Associate Justice John A. M anglona Associate Justice Per r y B. Inos

OPENING REMARKS Chief Justice Alexandr o C. Castr o

PRESENTATION OF APPLICANT OATH OF OFFICE PRESENTATION OF CERTIFICATE SIGNING OFFICIAL ROLL OF ATTORNEYS BOOK Car m en Villagom ez Bor ja J.D., University of New M exico School of Law B.A., University of Washington Car l Allen F. Dela Cr uz J.D., University of M issouri School of Law B.A., University of Hawaii at M anoa Jonathan Rober t Glass, Jr. J.D., St. M ary's University School of Law B.A. Trinity University Andr ew B. Ojeda J.D. USC Gould School of Law B.A., University of California at Los Angeles Anthony Hofscheneider Aguon J.D., University of San Francisco School of Law B.A., Portland State University Dustin D. Rollins J.D., Suffolk University School of Law LL. M ., New York University School of Law B.A., Suffolk University

ATTORNEY'S OATH I solem nly sw ear that I w ill suppor t and defend the Constitution and Law of the Com m onw ealth of the Nor ther n M ar iana Islands, the Covenant to Establish a Com m onw ealth of the Nor ther n M ar iana Islands in Political Union w ith the United States of Am er ica, the applicable pr ovisions of the Constitution, law s and tr eaties of the United States of Am er ica, And that I w ill faithfully and honestly dischar ge my duties as an Attor ney and Counsellor in the cour ts of the Com m onw ealth, and in my capacity as an attor ney and officer of the cour t, I w ill conduct myself w ith dignity and civility and show r espect tow ar d justices, judges, cour t staff, clients, fellow pr ofessionals, and other per sons, to the best of my ability, so help m e God.

[ 46 ] TheCOVI D- 19PandemicSpecialReport

T h e Sw it c h f r om In -Per so n t o V ir t ua l H ea r in g s Due to the COVID-19 pandemic, the Judiciary was forced to adapt and switch from in-person to virtual services. Many employees began teleworking to reduce in-person contact. To do so, the Information Systems Office was tasked with migrating employees onto virtual platforms and providing remote access to court documents. Virtual hearings and meetings were made possible by the use of MicrosoftTeams. These actions allowed the Judiciary to provide its services despite the COVID-19 pandemic. Computer Specialist Jorale James Mendoza is shown installing network lines, hooking up monitors, and creating remote desktop accounts for court staff as they transition into teleworking and virtual platforms.

The Northern Marianas Islands Judiciary Facebook serves as a resource for oral arguments, ceremonies, and information for the public. The Information Systems Office works to ensure that technology is readily available for use and is on standby to respond to technical difficulties.

Pa n d emic a n d t h e Wo r k pl ac e: St a f f Ex per ien c es "Being part of the CARESAct team wasquite an experience, especially having to perform dual rolesduring thispandemic. Although I felt like I may be at risk to contract the virus, I felt safe knowing that the team wasalways on top of any COVID-19 safety protocols for employeesand the public. They always provide updates, which I appreciate. Prioritizing sanitary and safety proceduresand simultaneously performing my duties asa marshal wasquite challenging. Despite the challenges, I was grateful for the opportunity to serve." Sherla M. Sablan CARES Act Deputy Marshal for Centron Hustisia

"My experience being a part of the CARES Act Team, especially as a Marshal, was a unique one because I was pregnant during the peak of the pandemic. Although it was scary to do this work during a pandemic whilst pregnant, my favorite part was knowing the Judiciary took exceptional measures to ensure my and the public's safety while in Kotten Tinian by checking in during our virtual bi-weekly meetings and sending both sanitization equipment and PPE. The most challenging feat for me was trying to ensure the COVID-19 guidelines were followed: wearing proper face coverings, practicing social distancing, and keeping the building's capacity at its limit. I look forward for the day the Judiciary, my newborn son, and the rest of the world are no longer in danger of a worldwide pandemic." Cindy T. Alo CARES Act Deputy Marshal for Kotten Tinian

We pause to reflect on the 79 million reported COVID- 19 cases and 1.7 million people across the world who lost their lives to the disease since the beginning of the pandemic. Our hearts go out to their families and loved ones.

Statistics from World Health Organization, Weekly Epidemiology Update December 29, 2020,

2020 An n u al Repor t | 49

SUPERIOR COURT The Superior Court is composed of five judges who preside over a variety of cases, including civil, criminal, probate, traffic, juvenile, drug, and small claims cases. Much of their work takes place, and much of their time is spent, in the courtroom hearing the concerns individuals bring before them. Judges will either rule from the bench during the proceeding or take the matter under advisement, and issue a written decision later, after the proceeding. The trial court process was significantly adjusted during the time of the COVID-19 pandemic by moving all proceedings to a virtual teleconferencing platform. Judges presided over matters using these virtual courtrooms so they could continue to make rulings and move forward with cases. They appeared for hearings in actual courtrooms only for emergency matters. The flexibility of judges and the use of new technology allowed the Superior Court to continue addressing cases amidst conditions requiring it to act outside the designated work space? the physical courtroom.

"The Commonwealth superior court shall have original jurisdiction in all cases in equity and at law. The court shall also have original jurisdiction in all criminal actions ... The superior court shall consist of a presiding judge and at least four associate judges. At least one full-time judge shall be assigned to civil and criminal actions filed in Rota and one in Tinian..." CNMI Constitution Art. IV, Section 2

50 | 2020 An n u al Repor t

Pr es id in g J u d g e Ro b er t o C . N a r a j a

A s s o c ia t e J u d g e Ter es a K . K im-Ten o r io

A s s o c ia t e J u d g e K en n et h L . Go v en d o

A s s o c ia t e J u d g e W es l e y M . Bogdan

A s s o c ia t e J u d g e J o s eph N . C a ma c h o

2020 An n u al Repor t | 51

Super ior Cour t Cler k of Cour t

The Office of the Clerk of Court (?COC?) is the largest division supporting the Superior Court. The COC processes all civil, criminal, family, small claims, and traffic cases, as well as agency appeals. It is also the custodian of all records filed with the Superior Court and is responsible for issuing criminal and traffic clearances. Despite many challenges, the COC took steps to enhance the efficiency of court operations and improve overall customer service.

Clerk of the Superior Court Patrick V. Diaz (bottom center), with (bottom row left to right) Data SystemsAnalyst John B. Demapan, Deputy I Okalani R. Shiprit, Deputy Clerk II Daisy S. Mendiola , Deputy Clerk I Adeline C. Tereyama, Deputy Clerk I Eva-Sophia P. Calvo, (top row left to right) Deputy Clerk I Joann A. Pangelinan from Kotten Tinian, Deputy Clerk III Novelyn T. Wania, Deputy Clerk I Delia C. Barcinasfrom Centron Hustisia, Deputy Clerk II Rosie T. Ada and Deputy Clerk I Sabrina Lynn Dela Cruz.

Chart 4: Cases Filed by Island

52 | 2020 An n u al Repor t

Chart 5: Cases Filed by Type

Chart 6: Cases Filed by Type and Year

2020 An n u al Repor t | 53

Commonwealt h Recor der 's Of f ice In 1983, the Legislature established the Commonwealth Recorder's Office ("CRO") pursuant to 1 CMC § 3701 and PL 3-64. The CRO operates under the general supervision of the Presiding Judge. The Recorder's Office is tasked with filing, maintaining, and updating marriage certificates, official real estate transaction documents, and personal property documents.

(Left) Administrative Specialist Mark G. Hidalgo and former Commonwealth Recorder Lucy. Due to the furlough, Rebecca R. Santos (Right) was sworn in as Acting Commonwealth Recorder.

Table 12: Breakdown of Filings for Saipan 2020 SAIPAN

JAN

FEB

MAR

APR MAY

JUN

JUL

AUG

SEPT OCT NOV

DEC

# of FILINGS

TOTAL

Documents 134

135

131

232

161

171

121

1,217

$24,340.00

Pages

501

624

402

114

298

312

407

360

244

3,262

$6,524.00

UCC-1

125

$2,500.00

Pages

192

$384.00

UCC-2

$380.00

Pages

$20.00

UCC-3

$620.00

Marriage

202

$5,050.00

Marriage 24 Certificates

128

$3,200.00

Maps

$1,650.00

Maps (Scanned)

$1,350.00

Single Status

$100.00

True

$0.00

Copies

7,014 4,162 1,986 0

697

1,635 1,581 1,464 1,019 1,284 20,842

Tot al

$20,842.00 $66,960.00

54 | 2020 An n u al Repor t

Table 13: Breakdown of Filings for Tinian 2020 TINIAN

JAN FEB MAR

APR

MAY

JUN

JUL

AUG SEPT

OCT

NOV

DEC

# of TOTAL FILINGS

Documents 0

$220.00

Pages

$4.00

UCC-1

$20.00

Pages

$0.00

UCC-2

$0.00

Pages

$0.00

UCC-3

$0.00

Marriage

$125.00

Marriage 0 Certificates

$0.00

Copies

$0.00

Tot al

$369.00

Table 14: Breakdown of Filings for Rota 2020 ROTA

JAN FEB MAR APR

MAY

JUN

JUL

AUG

SEPT

OCT

NOV

DEC

# of FILINGS

TOTAL

Documents 9

$680.00

Pages

$84.00

UCC-1

$140.00

Pages

$0.00

UCC-2

$20.00

Pages

$0.00

UCC-3

$0.00

Marriage

$50.00

Marriage

$250.00

Copies

$0.00

Tot al

$1,224.00

2020 An n u al Repor t | 55

Dr ug Cour t Division Communities across the nation are changing the way the criminal justice system works with offenders with substance use disorders. Problem-solving courts such as drug court are new to the Northern Mariana Islands. Originally spearheaded by now-retired Associate Judge David A. Wiseman, efforts to start the NMI's first evidence-based treatment court have been ongoing since 2008. The CNMI Drug Court (?Drug Court?) was finally established in 2015 after years of planning and research. Drug Court now provides an appropriate and effective mechanism for offenders with substance use disorders.

Drug Court Staff from left to right: Compliance Officer Frankie B. Camacho, Deputy Clerk Sabrina Dela Cruz, and Drug Court Manager Edward Diaz

The Drug Court program was implemented according to guidelines from the National Association of Drug Court Professionals (?NADCP?) best practice standards and evidence-based strategies. Despite many challenges since inception, the Drug Court has achieved multiple notable accomplishments in 2020 including the hiring of a Community Supervision Officer and Compliance Officer. The Drug Court team also includes Caseworkers, who are an integral part of each participant?s success in the program. Caseworkers use a comprehensive, integrated, coordinated community-based approach that links participants to various services based on individual needs and treatment plans. Caseworkers work closely with providers while guiding each participant through each phase of the program.

Table 15: Number of Drug Court Participants by Phase and Status (Jan - Dec Descript ion

Q2 ?

MEAN

Active Participants ?

32 ?

24 ?

27 ?

Phase I ?

Phase II ?

10 ?

Phase III ?

Phase IV ?

10 ?

11 ?

Pending Referrals

15 ?

10 ?

13 ?

11 ?

Unsuitable

Terminated ?

Graduates ?

1 ?

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Table 16: Number of Drug Court Participants Per Quarter by Services Rendered, 2020 ? No.

Services Rendered ?

Q1 N ?

Q2 N ?

Q3 N ?

Q4 N ?

TOTAL ?

Legal Eligibility Determined ?

20 ?

Intake Interview ?

Substance Abuse Subtle Screening Inventory 4 (SASSI-4) ?

Risk and Needs Triage Assessment (RANT) ?

Biopsychosocial/Clinical Assessment Referral ?

10 ?

Home Placement Assessment (a collaborative operation w/DPS Officers) ?

Treatment Planning ?

Drug Court Orientation (# of participants) ?

10 ?

Case Management Meetings ?

177 ?

128 ?

146 ?

124 ?

575 ?

Table 17: Number of Drug Court Community Supervision and Compliance Activities, 2020 ? No.

Drug Court Caseworker Dolores B. Sablan

Communit y Supervision and Compliance Act ivit ies ?

Tot al ?

1. ?

Field Home Checks ?

208 ?

2. ?

Call-Ins ?

2814 ?

3. ?

Community Service Hours ?

420 ?

4. ?

Urinalysis Tests ?

3020 ?

5. ?

Alcohol Breathalyzer Tests ?

89 ?

Oral Swab Drug Tests ?

176 ?

2020 An n u al Repor t | 57

Family Cour t Division

The Family Court Division (FCD) provides administrative support to the Family Court. The staff assist the Clerk of Court in the processing of pleadings and distribution of orders for pro se clients who appear before the Family Court judge. In addition to its administrative functions, the FCD offers client services to families and individuals who are seeking access to the court system. Pro se forms are readily available at the FCD office and on the NMI Judiciary website.

Family Court Staff from left to right: Judicial Assistant to Associate Judge Kim-Tenorio Sabrina Dela Cruz , Family Court Manager Quenna Sablan, Law Clerk Obiobodo Onyeozili.

Table 18: Breakdown of Services Rendered During Calendar Year 2020 Mont h

Pro Se

Order/ Pleadings

General

Referrals t o ot her

January

189

110

February

204

March

248

April

100

May

130

June

105

300

July

Unknown

August

Unknown

September

Unknown

October

November

December

Tot al

568

290

1,309

409

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A key component of the FCD is the Alternative Dispute Resolution (ADR) services for clients who prefer to address their issues through mediation. There are three certified Family Court mediators in the CNMI. There are ongoing plans to increase the number of mediators so that cases are addressed promptly by the Family Court judge. The FCD staff also performs a Home Study for cases that involve custody, adoption, or guardianship should the judge need additional information before making a decision. Parents who are either going through a divorce or separation are ordered to attend the Separating Parents Class. This class is held once a month and most participants

are ordered to attend by the judge. There is a growing number of participants who are referred the class by their private counsels prior to filing a case. In addition, pro se divorcing or separating parents also seek mediation to address pending matters before filing a divorce or paternity case. The FCD strives to meet the mandates of the Family Court Act of 1995 by allowing clients easy access to court services. This process requires the staff to be proactive in assisting clients prepare and file complaints and pleadings so that they can appear before a judge in a timely manner. Because of the Limited English Proficiency (LEP) program, the Judiciary is able to provide interpreters to assist the FCD

both over-the-counter as well as in the courtroom and the FCD no longer sees language as a barrier challenge. Interpreters are also available for mediation and home studies should there be a need. We work closely with the LEP Coordinator in meeting this mandate. In April 2020, the Child Support Guidelines were adopted by the Judiciary. The guidelines determine how much child support will be ordered for parents with either sole or shared custody. They also allow for the judge to make his or her discretionary changes as they see fit to the situation before them.

Table 19: Referral Services Referral Service 1

Community Guidance Center Counseling

# of Referrals 20

Systems of Care

Hope Recovery Center

Table 20: Compact Impact Data Republic of Palau

Federat ed St at es of Micronesia

Temporary Restraining

Divorce

Adoption

Wardship

Paternity

Name

Tot al

Case Type

Republic of t he Marshal Islands

2020 An n u al Repor t | 59

Of f ice of Adult Pr obat ion Super vision

From left: Probation Officer II Weena Gwendolyn T. Iguel, Probation Officer I Benjie T. Piteg, Chief Probation Officer Simram W. Simram, Probation Officer I Barbara K. Santos-Maliuyaf, Probation Officer I Priscillia C. Camacho.

The Office of Adult Probation Supervision ("OAPS") was established under Public Law 11-46 and reformed under Public Law 15-46. The OAPS's collective and driving mission is the enforcement, accountability, responsibility, and restoration of justice. It is committed to curbing recidivism by applying evidence-based practices to affect positive change in probation clients; restoring a well-balanced response to probation victims of crime; and ensuring accountability to the community. Under the direction of the Presiding Judge, the OAPS is tasked with supervising all persons placed on probation or suspended sentences on Rota, Saipan, and Tinian. The Chief Probation Officer is charged with the overall administration and operation of the division. Probation Officers have the power and duty to carry out the OAPS responsibilities deemed necessary by the Judiciary.

These responsibilities include treatment and crime prevention services, victim restitution, pre-trial supervision, pre- and post-sentencing investigation, restitution assessments, hearings, and various referrals for all types of court cases. In recent years, the OAPS handled a high number of criminal and traffic cases requiring probation services. A total of 202 new cases were referred to the understaffed office: 101 traffic and 101 criminal. Of the criminal cases, 36 were STOP Violence Against Women Act (STOP VAWA) cases and 71 of the traffic cases were Driving Under the Influence (DUI). The OAPS has also executed numerous reports, appearances, and bench warrants. Although understaffed and underfunded, the OAPS has provided services for law enforcement, public safety, and rehabilitation. The office continues to prioritize recruitment, training, and the provision of programs and services despite challenges.

Chief Probation Officer Simram W. Simram

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Probation Officer II Weena Gwendolyn T. Iguel and Probation Officer I Priscillia C. Camacho

Table 21: OAPS Overview of Case Management

Mont h

Court Court Referrals Referrals (Criminal) (Traffic)

Criminal STOP VAWA (included in

DUI Pre-sent ence Rest it ut ion Indigent Diversion Court esy Caseload Invest igat ion Assessment Assessment * * * * * *

Jan

Feb

Mar

April

May

June

July

Aug

Sept

Oct

Nov

Dec

Sub-Total

101

Tot al

202

* Cases count ed in t he t ot al referrals

2020 An n u al Repor t | 61

Table 22: OAPS Programs and Services Probat ion Mont h Orient at ion

Crime Common Risk Risk Drug Prevent ion Sense CW S CGC SAAR Assess Assess Test ing Class Parent ing Referrals Referrals Referral Criminal Traffic Referral Class

MCS Alcohol Info. Class (for Traffic)

Jan

Feb

Mar

April

May

June

July

Aug

Sept

Oct

Nov

Dec

Tot al

Chief Probation Officer Simram W. Simram and the Office of Adult Probation Supervision Staff pose for a picture during the Judiciary's Sweet Treats Day. (December 18, 2020)

L aw Rev i si o n C o m m i ssi o n

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The primary duties of the Law Revision Commission (LRC) are to codify, compile, and publish Commonwealth laws for public access. LRC personnel review all Commonwealth public laws, local laws, and promulgated administrative regulations and update the Commonwealth Code (CMC) and the Northern Mariana Islands Administrative Code (NMIAC) by integrating the changes made by all new permanent laws and regulations. LRC proudly launched a new website design on March 12, 2020. The website has been revamped with an appealing modern design and various new, user-friendly features. The new features include compatibility for mobile devices such as phones and tablets to provide easy use and navigation for small and medium sized screens; a page to accommodate secure product purchases online; and a site map located on every page footer organized for ease of reference. Website/Office Manager Albert Hicking has been working tirelessly to create and adjust this new website and its content to provide users with convenience and accessibility to Commonwealth law.

Law Revision Commission Regular Meeting There was complete attendance from LRC staff and Commission members. Pictured standing from left to right are CNMI Attorney General Edward Manibusan, Chief Justice Alexandro C. Castro, CNMI Bar Representative Bruce L. Mailman, Representative Joel C. Camacho, Staff Attorney Brown, Executive Legal Assistant Palacios, and Website/Office Manager Hicking. Pictured sitting from left to right are Publications Clerk George and Executive Director Lee. (November 19, 2020)

From left: Website/Office Manager Albert A. Hicking, Publications Clerk Kelsey O. George, Staff Attorney Matthew J. Brown, General Counsel/LRC Executive Director Hyun Jae Lee, and Executive Legal Assistant Dean M. Palacios. (November 24, 2020)

64 | 2020 An n u al Repor t

The LRC updated its website with other legal material from the Judicial Branch, including Judicial Administrative Orders, Supreme Court General Orders, Notices of Certification, and Court Rules as such material became effective. As is the case with legislative and executive materials, the LRC website contains many historical judicial documents such as the Commonwealth Reporter, which contains NMI opinions issued prior to the creation of the NMI Supreme Court.

The CNMI Driver?s Handbooks has been made available in digital format for customers to purchase online through the LRC website. Contents of the handbooks in their respective languages are previewed on the Products page for customers to easily identify them. Photos of the products can be seen in the photo below.

2020 An n u al Repor t | 65

Legal Research Presentation presented to the attorneys and staff at the Robert T. Torres Law Office. (January 10, 2020)

COVID-19 Precaut ions

Law Revision Commission Office COVID-19 set-up.

On August 26, 2020, a plexiglass barrier was installed at the office?s customer counter, which provided the LRC staff and public with increased protection from COVID-19. On September 14, 2020, LRC received a standing infrared thermometer, which provided a more thorough screening process when entering the office. The screening process also includes a set of questions and log sheets for contact tracing purposes.

HVAC and Mold Remediat ion On July 29, 2020, Website/Office Manager Hicking prepared the LRC office at the Guma' Hustisia for mold remediation. In September, he coordinated a relocation of soft materials from the LRC?s office at the Guma Hustisia into a shipping container with the assistance of probationers and volunteers.

Pictured are Website/Office Manager Hicking and Publications Clerk Kelsey George loading supplies from the Law Revision Commission office into the storage container. (September 29, 2020)

Ro t a C en t r o n H u st i si a

2020 An n u al Repor t | 67

From left: Chief Marshal Jason T. Tarkong, Deputy Marshal I Sherla Mae Sablan, Deputy Clerk I Delia C. Barcinas, and Clerk of the Superior Court Patrick V. Diaz.

Administrative Assistant Michelle A. Mendiola

Rota Centron Hustisia On December 7, 2020, Docomo Pacific completed the preliminary process of installing fiber-optic cables at the Rota Centron Hustisia.

Int er net Bandw idt h and

Connect ivit y DOCOMO Pacific installs the fiber-optic Internet cable at the Centron Hustisia. (December 15, 2020)

K o t t en T i n i an

2020 An n u al Repor t | 69

From left: Community Worker Prescilla O. Kiyoshi, Deputy Marshal I Cindy T. Alo, Chief Marshal Jason T. Tarkong, Deputy Clerk I Joann A. Pangelinan, and Clerk of the Superior Court Patrick V. Diaz.

(Above) Kotten Tinian undergoes cleaning and sanitization amidst the COVID-19 pandemic. (October 15, 2020) (Below) COVID-19 signage posted in the courtroom requires social distancing and face masks. (August 20, 2020)

C o u r t A l t er n at e Si t es

2020 An n u al Repor t | 71

Cour t Alt er nat e Sit es: Mar ianas Business Plaza & Hor iguchi Building When construction of the COVID-19 Screening and Security Zone began in late October, the Commonwealth Recorder's Office, the Cashier, the Clerk of the Superior Court, and the Judiciary's Budget and Finance Office have temporarily moved to Marianas Business Plaza so the Judiciary could continue providing those services to the public. Courtrooms in the Horiguchi building were secured for proceedings. The District Court for the NMI was used for jury trials due to social distancing restrictions and lack of public access to the courthouse. The temporary courtrooms in the Horiguchi building are outfitted with Plexiglass to provide a safe space for proceedings while the Guma' Hustisia is under construction. (October 15, 2020)

Source: Saipan Tribune https://www.saipantribune.com/index.php/judiciary-opens-additional-temporary-courtrooms/

Ju d i ci ar y Ev en t s: Paci f i c Ju d i ci al C o u n ci l

2020 An n u al Repor t | 73

The Pacific Judicial Council and Am er ican College of Tr ial Law yer s (?ACTL?) participants arrived on Saipan on January 26, 2020 to participate in a three-day conference where topics such as trial and appellate practices, evidence, prosecution and defense of public figures, are covered. The Pacific Judicial Council aids in the development of educational programs in the judiciaries of American Samoa, Federated States of Micronesia, Guam, the Northern Marianas Islands, and the Republic of Palau.

74 | 2020 An n u al Repor t

M a r ia na s H ig h Sc h o o l 20 20 Mock Tr ial Champion

2020 An n u al Repor t | 75

76 | 2020 An n u al Repor t

Court interpreters and Judiciary bilingual staff take part in the Court Interpreters Training held at the Pacific Islands Club. Shown above (right) is Probation Officer II Gwendolyn T. Iguel intently listening to presenter Debi Tulang-De Silva.

2020 An n u al Repor t | 77

From left: Human Resources/Administrative Officer Michelle V. Guerrero, Budget and Finance Director John T. Villagomez, Director of Courts Sonia A. Camacho, General Counsel/LRC Director Hyun Jae Lee, Clerk of the Supreme Court Gretchen A. Smith, Commonwealth Recorder Luise S. Deleon Guerrero, Systems Administrator Michael C. Villacrusis, Judicial Assistant/LEP Coordinator Vivian S. Dela Cruz, Special Assistant to the Presiding Judge Roberto C. Naraja Rochelle L. Vazquez, Program Director of the Office on Equality and Access to the Courts of the Hawaii Judiciary Debi Tulang-De Silva, Chief Marshal Jason T. Tarkong, Chief Probation Officer Simram W. Simram, Family Court Manager Joseph P. Villagomez, Grants Administrator James W. Stowell, Clerk of the Superior Court Patrick V. Diaz, and Drug Court Manager Edward P. Diaz

78 | 2020 An n u al Repor t

Employee Highlight s

Albert A. Hicking Law Revision Commission Division Award

Rochelle L. Vazquez Presiding Judge Award Commonwealth Recorder 's Office Division Award

Mark G. Hidalgo Superior Court Award

Employees receive department and Judiciary awards at the annual Professional Development program.

Michelle V. Guerrero Associate Justices Award, Human Resources Division Award

Frankie B. Camacho Drug Court Division Award

Adeline C. Tereyama, Sabrina Lynn Dela Cruz, Daisy Rina S. Mendiola Associate Judges Award

Evelyn P. Calvo Budget and Finance Division Award

Obiobodo O. Onyeozili Family Court Division Award

James W. Stowell Grants Management Office Division Awar

2020 An n u al Repor t | 79

Jorale James A. Mendoza Information Systems Unit Division Award

Roemar M. Segotier Administrative Award, Marshal Services Division Award

Sabrina Lynn Dela Cruz Office of the Clerk of the Superior Court Division Award

Matilde H. Bermudes-Rasa Office of Adult Probation Division Award (standing in: Simram Simram)

Nora V. Borja Clerk of the Supreme Court Division Award

Nadia Mae B. Moses and Josephine N. Estrada Supreme Court Award

Gene E. Weaver Facilities Management Office Division Award

Gretchen A. Smith Chief Justice Award

Judiciary Professional Development Day Awardees Kensington Hotel November 24, 2020

80 | 2020 An n u al Repor t

Judiciar y Sweet Tr eat s Day December 18, 2020 Judiciary staff from each division bring sweet treats and other dishes to celebrate the holiday season. Staff visit the other divisions to eat and spend time together before the holidays.

Rosie T. Ada, John B. Demapan, Vivian S. Dela Cruz, Sabrina Lynn Dela Cruz, Evelyn P. Calvo and Eva P. Calvo

Delia S. Magofna, Vivian S. Dela Cruz, and Associate Judge Joseph N. Camacho

Clockwise from top left: Matthew J. Brown, Kelsey O. George, Sonia A. Camacho, Albert A. Hicking, Dean M. Palacios, and Hyun Jae Lee

Okalani R. Shiprit, Delia S. Magofna, Lynette M. Camacho, and Robert Edward Mang III.

2020 An n u al Repor t | 81

Nadia B. Moses, Maria M. Tudela, Joleen T. Salas, Michelle V. Guerrero, Martha B. Mendiola, Josephine N. Estrada, and Jorale A. Mendoza

Judy T. Aldan, Hyun Jae Lee, Emily N. Dombrowski, Matthew J. Brown, Rellani B. Ogumoro

Dustin Jon B. Pangelinan

Justice John A. Manglona, Sonia A. Camacho, Presiding Judge Roberto C. Naraja, Matthew J. Brown, Emily N. Dombrowski, Hyun Jae Lee, and Nora V. Borja.

Appendix

2020 An n u al Repor t | 83

Table of Cont ent s

Page I. Supreme Court Table 1: Supreme Court Cases Heard Chart 1: Opinions Issued ? Five-Year Trend Table 2: Case Dispositions, 2018-2020 Table 3: Opinions Issued by the Supreme Court

84 84 84 85

II. Superior Court Chart 4: Cases Filed by Island Chart 5: Cases Filed by Type Chart 6: Cases filed by Type and Year Table 12: Breakdown of Filings for Saipan Table 13: Breakdown of Filings for Tinian Table 14: Breakdown of Filings for Rota Table 15: Drug Court Participants by Phase and Status

90 91 91 92 92 93 93

Table 16: Drug Court Participants Per Quarter - Services Rendered Table 17: Drug Court Supervision and Compliance Activities Table 18: Breakdown of Services Rendered Table 19: Referral Services Table 20: Compact Impact Data Table 21: Office of Adult Probation - Overview of Case Management Table 22: Office of Adult Probation - Programs and Services

III. Judiciary Administ rat ive Offices

94 94 95 95 95 96 96

Chart 2: Fiscal Year Budget Chart 3: Judiciary Utilities ? Three-Year Trend Table 4: Abandoned Funds Table 5: Procurement Services Table 6: Fund Status Table 7: Reimbursements (FEMA) Table 8: Professional Development ? Training Sessions Table 9: Marshal Services Division Enforcement Activities Table 10: Marshal Services Division Online/On-site Training Classes Table 11: Temporary Part-time Employees

86 85 87 89 87 88 88 89 89 90

84 | 2020 An n u al Repor t

Table 1: Supreme Court Cases Heard Quart er

2018

2019

2020

1st

2nd

3rd

4th

Tot al

Chart 1: Opinions Issues- Five Year Trend

Table 2: Case Dispositions 2018-2020 2018

2019

2020

Dismissed - Court

Dismissed - Voluntary

Petition Withdrawn

Opinions

Tot al

2020 An n u al Repor t | 85

Table 3: Opinions Issued Case Name:

Case File:

Case Dat e:

Just ice:

Appleby v. Villagomez

2020-MP-23

12/17/2020 Castro, Manglona, *Inos

Bank of Hawaii v. Tamanrang

2020-MP-09

5/8/2020 *Castro, Manglona, Inos

Bowie v. APEX Construction, Inc.

2020-MP-05

4/14/2020 Castro, Inos, Camacho

Commonwealth v. Aldan

2020-MP-20

9/14/2020 *Castro, Manglona, Inos

Commonwealth v. Aldan

2020-MP-21

11/13/2020 *Castro, Manglona, Inos

Commonwealth v. Delos Santos

2020-MP-16

7/10/2020 Castro, Manglona, Inos

Commonwealth v. Falig

2020-MP-13

6/4/2020 Castro,*Manglona, Inos

Commonwealth v. Hocog

2020-MP-07

Commonwealth v. Martin

2020-MP-10

5/8/2020 Castro, Manglona, *Inos

Commonwealth v. Ogumoro

2020-MP-08

4/30/2020 *Manglona, Bogdan, Bellas

Commonwealth v. Reyes

2020-MP-06

4/24/2020 Castro, *Manglona, Inos

Commonwealth v. Sablan

2020-MP-11

5/18/2020 *Castro, Manglona, Inos

Commonwealth v. Superior Court

2020-MP-22

In re Estate of Pangelinan

2020-MP-19

8/21/2020 Castro, Manglona, *Inos

In the Matter of a Petition for Certified Question

2020-MP-02

1/14/2020 *Castro, Manglona, Inos

Indalecio v. Mobil

2020-MP-01

1/20/2020 *Castro,Manglona,Inos

Indalecio v. Mobil Oil Marianas, Inc.

2020-MP-03

4/3/2020 *Castro, Manglona, Inos

Joeten Motor Co. v. Leon Guerrero

2020-MP-14

6/15/2020 *Manglona, Inos, Torres

Lizama v. ANZ Guam, Inc.

2020-MP-17

7/17/2020 Castro, *Manglona, Inos

NMHC v. Superior Court, Writ

2020-MP-18

7/22/2020 Castro, Manglona, Inos

Norita v. Commonwealth

2020-MP-12

6/3/2020 Manglona, Inos, Carbullido

Ogumoro v. Ko Han Yoon

2020-MP-04

4/8/2020 Castro, *Manglona, Bogdan

Triple J Saipan, Inc. v. Ogo

2020-MP-15

4/24/2020 Manglona, Inos, Torres

11/17/2020 Castro, Manglona, Inos

6/29/2020

Castro, Manglona, *Inos

86 | 2020 An n u al Repor t

Chart 2: Fiscal Year 2020 Budget

Chart 3: Judiciary Utilities - Three Year Trend

2020 An n u al Repor t | 87

Table 4: Abandoned Funds

Table 6: Fund St at us Descr ipt ion

Am ou n t

Not es

CJPA Federal Grants (JAG, VAWA, VOCA)

$213,173

Federal Drug Court Grant 2018-DC-BX-0136 Loc

$226,732

Annual Amount

RSAT Renovation

$157,005

7190V (2018) SLL 20-26

Drug Court

$223,955

2415B (2018) SLL 20-24

Drug Court

$18,603

7183A (2018) PL 20-42

Tot al

$839,468

88 | 2020 An n u al Repor t

Table 7: Reimbursements (FEMA) Wor k descr ipt ion an d PW

Reim bu r sem en t s Sou gh t

Am ou n t r eceived t o dat e

Emergency Repairs PW 39

$199,265.18

$199,265.16

Atrium Ceiling Repair

$566,450

Architectural & Engineering, roof

$29,900

Electrical Repairs PW 154

$26,017.33

Tot al

$821,632.51

$765,715

Table 8: Professional Development ? Training Sessions Session Name

Dat e(s)

# of Part icipant s

Language Access Policy and Plan Training

January 13

Language Access Policy and Plan Training

January 14

Language Access Policy and Plan Training ? Interpreter

January 15

Language Access Policy and Plan Training ? Session I & II

January 16

55 + 41 = 96

Language Access Policy and Plan Training - Committee

January 17

PJC: American College of Trial Lawyers ? Trial Practice

January 27-29

Marshal Services Unit

March 13

Language Access Policy and Plan Training

March 16

CARES Act Training

August 7

Sexual Harassment Prevention Commission Investigator

September 2

CARES Act Training

September 18

Firearms Training for CARES Act Deputy Marshals

September 30

COVID-19 Public Health Emergency: Government?s Response and Mitigation to keep the CNMI Safe (2020 PD)

November 24

Our Mental Health Matters (2020 PD)

November 24

Beginners Technology (2020 PD)

November 24

Advance Technology (2020 PD)

November 24

Writing Refresher Part I

November 24

Writing Refresher Part 2

November 24

Health and Wellness

November 24

Training of Newly Adopted Rules: Rules of Procurement

December 4

2020 An n u al Repor t | 89

Table 9: MSD Enforcement Activities SERVICE

TOTAL

Courthouse Entries

32,001

Prohibited Items Confiscated

Detainees at Judiciary and Arrestees Remanded to DOC

395

Bench Warrants Executed & Pending Bench Warrants

254

Court Processes & Orders

297

Bench Protection

Table 10: MSD Online/On-site Training Classes 1

Attitudes at Work

Basic Safety for Probation & Parole Officers

Dental & Oral Health

Disciplining Inmates

Emergency Preparedness

Escorting and Transporting Inmates

Ethical Behavior in Corrections: Best Practices

Fire Safety in Corrections

Workplace Harassment

Workplace Violence

11.

Firearms Re-certification

12.

Homeland Security (Terrorist Deterrence and prevention, hazardous, and etc.)

13.

Officer Survival

14.

Combat Defense

Table 5: Procurement Services Service (Sept .-Dec. 2020) Purchase Orders

Tot al 105

Emergency Procurement

Contracts (including change orders)

Publications (i.e. RFP, RFQ, etc.)

90 | 2020 An n u al Repor t

Table 11: Temporary Part-time Employees Name

Tit le

CARES Act Hours

Emily N. Dombrowski

Law Clerk

8 hours

John T. Villagomez

Budget and Finance Director

8 hours

Michael C. Villacrusis

System Administrator

16 hours

Matthew J. Brown

Staff Attorney

8 hours

Martha B. Mendiola

Procurement Officer

16 hours

Gretchen A. Smith

Clerk of the Supreme Court

8 hours

Carmen V. Borja

Law Clerk

8 hours

Chart 4: Cases Filed by Island

2020 An n u al Repor t | 91

Chart 5: Cases Filed by Type

Chart 6: Cases Filed by Type and Year

92 | 2020 An n u al Repor t

Table 12: Breakdown of Filings for Saipan, 2020 SAIPAN

JAN

FEB

MAR APR MAY JUN JUL AUG SEPT

OCT

NOV

DEC

# of FILINGS

TOTAL

Documents 134

135

131

232

161

171

121

1,217

$24,340.00

Pages

501

624

402

114 298

312

407

360

244

3,262

$6,524.00

UCC-1

125

$2,500.00

Pages

192

$384.00

UCC-2

$380.00

Pages

$20.00

UCC-3

$620.00

Marriage

202

$5,050.00

Marriage Cert

128

$3,200.00

Maps

$1,650.00

Maps (Scanned)

$1,350.00

Single Status

$100.00

True Copies

$0.00

Copies

7,014

4,162

1,986

697 1,635 1,581 1,464 1,019 1,284 20,842

Tot al

$20,842.00 $66,960.00

Table 13: Breakdown of Filings for Tinian, 2020 JAN FEB MAR APR MAY JUN

JUL

AUG SEPT OCT NOV DEC

# of TOTAL FILINGS

Documents

$220.00

Pages

$4.00

UCC-1

$20.00

Pages

$0.00

UCC-2

$0.00

Pages

$0.00

UCC-3

$0.00

Marriage

$125.00

Marriage Cert

$0.00

Copies

$0.00

TINIAN

Tot al

$369.00

2020 An n u al Repor t | 93

Table 14: Breakdown of Filings for Rota 2020 ROTA

JAN FEB MAR APR MAY

JUN

JUL

AUG SEPT OCT

NOV

DEC

# of FILINGS

TOTAL

Documents 9

$680.00

Pages

$84.00

UCC-1

$140.00

Pages

$0.00

UCC-2

$20.00

Pages

$0.00

UCC-3

$0.00

Marriage

$50.00

Marriage Cert

$250.00

Copies

$0.00

Tot al

$1,224.00

Table 15 : Number of Drug Court Participants by Phase and Status (Jan - Dec 2020) Descript ion 1?

Q2 ?

MEAN

Active Participants ?

32 ?

24 ?

27 ?

Phase I ?

Phase II ?

10 ?

Phase III ?

Phase IV ?

10 ?

11 ?

Pending referrals, processing for

15 ?

10 ?

13 ?

11 ?

Unsuitable Participants ?

Terminated ?

Graduates ?

94 | 2020 An n u al Repor t

Table 16: Number of Drug Court Participants Per Quarter by Services Rendered, 2020. ? No.

Services Rendered ?

Q1 N ?

Q2 N ?

Q3 N ?

Q4 N ?

TOTAL ?

Legal Eligibility Determined ?

20 ?

Intake Interview ?

Substance Abuse Subtle Screening Inventory 4 (SASSI-4) ?

Risk and Needs Triage Assessment (RANT) ?

Biopsychosocial/Clinical Assessment Referral ?

10 ?

Home Placement Assessment (a collaborative operation w/DPS Officers) ?

Treatment Planning ?

Drug Court Orientation (# of participants) ?

10 ?

Case Management Meetings ?

177 ?

128 ?

146 ?

124 ?

575 ?

Table 17: Number of Drug Court Community Supervision and Compliance Activities, 2020 ? NO. ?

Communit y Supervision and Compliance Act ivit ies ?

Tot al ?

1. ?

Field Home Checks ?

208 ?

2. ?

Call-Ins ?

2814 ?

3. ?

Community Service Hours ?

420 ?

4. ?

Urinalysis Tests ?

3020 ?

5. ?

Alcohol Breathalyzer Tests ?

89 ?

Oral Swab Drug Tests ?

176 ?

2020 An n u al Repor t | 95

Table 18: Breakdown of Services Rendered During Calendar Year 2020 Mont h

Pro Se Assist ance

Order/ Pleadings Pickup

General informat ion

Referrals t o ot her

January

189

110

February

204

March

248

April

100

May

130

June

105

300

July

Unknown

August

Unknown

September

Unknown

October

November

December

TOTAL

568

290

1,309

409

Table 19: Referral Services Referral Service

Number of Referrals

Community Guidance Center Counseling

Systems of Care

Hope Recovery Center

Table 20: Compact Impact Data Case Type

Federat ed St at es of Micronesia

Republic of Palau

Republic of t he Marshal Islands

Temporary Restraining Orders

Divorce

Adoption

Guardianship

Wardship

Paternity

Name Change

Tot al

96 | 2020 An n u al Repor t

Table 21: OAPS Overview of Case Management Court Court Referrals Referrals (Criminal) (Traffic)

Criminal STOP VAWA (included in CR Caseload)

DUI Pre-sent ence Rest it ut ion Indigent Diversion Court esy Caseload Invest igat ion Assessment Assessment * * * * * *

Jan

Feb

Mar

April

May

June

July

Aug

Sept

Oct

Nov

Dec

Sub-Total

101

Tot al

202

Mont h

* Cases count ed in t he t ot al referrals

Table 22: OAPS Programs and Services Mont h

Probat ion Orient at ion

Risk Risk Crime Drug Assess Assess Prevent ion Test ing Criminal Traffic Class

Common Sense Parent ing

CW S CGC SAAR Referrals Referrals Referrals

MCS Alcohol Info. Class

Jan

Feb

Mar

April

May

June

July

Aug

Sept

Oct

Nov

Dec

Tot al

Hustisia Para Todo

Guma' Hustisia, Iimwal Aweewe, House of Justice PO Box 502165, Saipan MP96950 (670) 236-9800 www.nmijudiciary.com