Demapan vows to guard judicial independence

Chief Justice Miguel S. Demapan yesterday diverted from the traditional State of the Judiciary Address, talking about the economic depression, politics, and even chiding the Legislature for proposing bills that, according to him, would curtail judicial independence.

Assuring people that the CNMI’s judicial system is strong, Demapan vowed to protect “at all cost” the sanctity of judicial independence.

In his 45-minute address, the chief justice also defended the salary of judges or justices, which he described as “one of the many works of genius in our Constitution.”

The Address was held before a jampacked joint session of the 16th Legislature in the House of Representatives chamber on Capital Hill.

Demapan urged government leaders not to give up in the face of the dire economic situation the CNMI is faced with.

“The reality is that we are in a deep economic depression, the likes of which are unparalleled since we obtained self-government.” However, “together we can combine our energies to find a solution to these daunting problems. Finding the vigor to revive this economy should be the priority of all our leaders,” he said.

He noted that in the more than 30 years of the Commonwealth’s existence, the CNMI has shown the world it could stand among equals and assume responsibility for self-government.

The chief justice explained that the economy and politics of world market forces “are on the daily agenda of our families at the dinner tables or at friends’ gatherings. These issues are also discussed in the courts, as families or couples have disputes over their ability to pay CUC, or to find other ways to make up for delinquent child support or small claim payments.”

Demapan encouraged government leaders to debate the issues publicly in order to come up with an economic stimulus plan to revive NMI’s sagging economy.

As for the judiciary’s budget, Demapan said he could only agree to a maximum 10 percent cut in the $5.3 million the Judiciary is asking for the coming fiscal year.

“I will ask that no more than 10 percent of the Judiciary’s budget be reduced. This will mean fewer people and less resources for the upcoming year,” he said.

Demapan assured that there will be no pay increases in the judicial branch. He said the budget he is requesting will be used to provide the necessary services for ongoing projects and maintenance costs.

Throughout Demapan’s term as chief justice, the Judiciary Branch has never requested a supplemental appropriation because of over-expenditures or budget deficits.

“We have lived on only 2 percent of the total budget for the Commonwealth. This is a big challenge and we will continue to stand in unity with you in finding ways to save this government money,” he said.

Demapan cautioned the Legislature that the Judiciary is reaching the ceiling of cuts.

Any further cuts, he said, will truly affect the core mission—“to provide justice to all people before us.”

On the state of the Judiciary, the chief justice said it is his pleasure to report that that CNMI Judicial System is strong and working hard to not only meet the challenges before it, but to seek out challenges to better improve the judicial system.

On the judicial independence topic, Demapan said he is forced to discuss the issue after seeing several proposed legislations, including initiatives, “aimed at curtailing judicial independence.”

Last April, the Senate approved a bill cutting the salaries of justices and judges by 10 percent across the board. Sen. Maria Pangelinan sponsored the legislation.

Demapan cited Article IV Section 6 of the NMI Constitution, which provides that the salary of a judge or justice shall not be decreased during a term of office.

“These provisions, my dear friends, were not intended to ensure that the Judiciary be the first to dip into the pot at each payroll. They were also not intended to ensure security for judges and justices on the bench during a financial crisis,” Demapan said.

He pointed out that by mandating a lengthy term of office and compensation that cannot be reduced, the founders of the NMI government sought to advance the importance of judicial independence from the Legislature and the Executive Branch.

“This is a safeguard on the ability of a judge or justice to decide cases impartially without fear of retaliation. This is one of the many works of genius in our Constitution,” the chief justice said.

Demapan expressed concern about the recent rash of proposed legislation initiatives aimed at the Judiciary.

“While initiatives are one good way to enact laws, we must always study carefully any proposed initiative to ensure we are firmly in full agreement in having it placed in our Constitution,” he said.

The chief justice urged for a dialogue with the lawmakers before any such proposals are presented to the people for action.

Gov. Benigno R. Fitial and Lt. Gov. Timothy Villagomez along with some Cabinet members attended the ceremony.

All judges and justices were present except associate justice John Manglona and judge Ramona Manglona, who are off island.

Retired Washington State Supreme Court chief justice Richard Guy, retired California Supreme Court Justice Cruz Reynoso, retired judge Timothy Bellas, and former associate justice and former Lt. Gov. Jesus Borja were among the special guests.