Legislature seeks re-examination of Superior Court structure

The Senate Committees on Executive Appointments and Government Investigations and Fiscal Affairs have returned with no action the appointment of attorney Perry Inos as an associate judge in order for the government save money in light of the declining courts’ caseload and the dwindling CNMI revenues.

EAGI chair Sen. Paterno S. Hocog and Fiscal Affairs and EAGI member Sen. Frica T. Pangelinan likewise asked the Legislature and the CNMI people for a re-examination of the structural make-up of the Superior Court considering the significant reduction of cases and the government revenues.

In their report to Senate President Pete P. Reyes, Hocog and Pangelinan, however, pointed out that the position of the committees is that Inos is still qualified to be appointed again in the future should a provision in the NMI Constitution not be modified and an assessment of the government’s general fund resources allows for the funding of the fifth judge.

“Your committees respectfully assert that the proper time for the examination is now, prior to the potential confirmation of a judge of the Superior Court who would enjoy a protected six-year term with a guaranteed annual salary,” Pangelinan and Hocog reported to Reyes.

The committees noted that should the number of judges be reduced, any temporary spike in caseload could be handled by the appointment of judges pro tem as contemplated by the CNMI Constitution.

Gov. Benigno R. Fitial appointed Inos on June 19, 2008, as judge following the resignation of Juan T. Lizama. The Rota lawyer earlier had expressed confidence that the Senate would soon affirm his appointment.

EAGI has yet to examine Inos’s submissions, education, credential, community involvements, business experiences, financial statements, or the public’s concerns.

The CNMI Constitution requires that the Superior Court consist of five judges. This five-judge “floor” was added to the constitution by amendment 23 during the Second Constitutional Convention.

EAGI noted that recently the Judiciary has experienced a reduction in the number of cases filed and requiring decision.

EAGI cited the “most telling fact” that in 2000, 12,235 total cases were filed whereas in 2007 only 5,630 cases were filed due to declining population of the NMI.

The committee also pointed to the Law Revision Commission’s webpage that indicated that in 2000 the Superior Court published 42 decisions while in 2007 only 20 were published.

“By any measure (excepting family cases), it appears that the Judiciary is not entertaining the number of cases as it has in the recent past. Your Committee, finds this an opportune time to attempt to reduce government expenditures, and notes that this is in line with efforts which occurred prior to the appointment of Mr. Perry B. Inos,” EAGI said.

The Fiscal Affairs committee on the other hand, noted that despite the NMI’s economic troubles, the administration continues to hire new government employees.

“This is a cause for great concern, given the size of the CNMI’s current fiscal deficit,” Fiscal Affairs committee chair Pangelinan said.

Pangelinan stressed that these concerns predate the appointment of Inos and have nothing to do with his qualifications for the position.

“It is everything to do with reigning in the government spending,” she said.

At present, there are four judges in the Superior Court. Each associate judge currently earns a base yearly salary of $120,000. This number does not include retirement fund obligations.

Pangelinan said each chamber consists of at least two employees: a clerk and a law clerk, each of which are entitled to base salaries as well as retirement obligations.

Law clerks, the senator said, are normally hired from outside the CNMI and traditionally employing them includes costs for moving personal belongings and a house rental allowance for the duration of their stay.

The Judicial Branch submitted a budget request of $5.31 million for Fiscal Year 2009. Fitial’s budget submission proposes only $4.035 million for Judicial Branch.

“This represents an approximate $1.3 million shortfall,” Pangelinan said, adding that even with a 10 percent reduction in the judiciary’s budget allocation, a deficit of $1.3 million would still exist.

The senator quoted Chief Justice Miguel Demapan in his recent state of the judiciary address in which he stated that, after already experiencing budget cuts, the judicial branch cannot afford more than 10 percent budget reduction without adversely affecting the qualify of justice in the CNMI.