Legal legend

I recently heard of the sad news of a CNMI legal legend passing away at the age of 85, and I began to reminisce about the days of Presiding Judge Robert Hefner. From the outset of the CNMI in 1978, an incipient government, and the difficult transition from a Trust Territory Court to the Commonwealth Trial Court, and then to the Commonwealth Superior Court, Judge Hefner was a most competent and efficient administrator at a time that was so crucial in assuring the proper guidance and development of a well-functioning judiciary. His legacy in many areas of the court’s functions remains today.

One such legacy is so visible today, which is the dress code of attorneys in court. Back in the day, there was no court dress code for attorneys. A few attorneys abused the open attire privilege in court by appearing with attire for a courtroom setting that was improper, like sleeveless T-shirts, unclean shorts, and zories. Judge Hefner decided it was time to increase the degree of professional attire and appearances in the courtroom and set down for a dress code which evolved into a detailed General Court Order in 2000, setting forth prohibitions on inappropriate dress for courtroom appearances. Often, when attorneys appeared without a tie, he would march them back to his small office and have them select one of the several ugly old ties he had there.

Looking out from my office at the old courthouse, built by the Trust Territory Government, and remembering the many court appearances before Judge Hefner, I could not help but think of what would be his reaction to the new bright looking remodeling and paint job of the old, dull, drab gray façade of the old courthouse, which had that same façade and look since it was built at least 45-50 years ago. The grey drab façade is now gone and replaced with a more aesthetic colored façade, thanks to DPS Commissioner James Deleon Guerrero, who has been remodeling and painting the old courthouse.

As the frugal administrator that Judge Hefner was, being one of the very few, if not the only, head of a government department or branch who actually had a surplus of unspent funds in his annual budget, he would have appreciated the change from a drab dull grey to a more colorful façade. However, he would most likely have had concern and complained of the cost at taxpayers’ expense of having such improvement, but then would be pleased to learn that the workers were provided by DOC at no charge.

My sincere condolences to the family of the late Judge Hefner, remembered for a fine legacy, of judicial guidance and administration, numerous judicial decisions, and a welcome, in memory of him, to the new look of the old courthouse.

Judge David A. Wiseman
via mail