Judge Manglona sets ‘phased’ reopening of fed courthouse

U.S. District Court for the NMI Chief Judge Ramona V. Manglona issued an order Friday implementing a “phased approach” to reopening the courthouse to the public effective today, Monday.

Manglona said the order comes after weighing the right of public access to the court against the need to protect the health and safety of the public, and recognizing the continued need to take precautions to prevent the spread of COVID-19.

Effective today, Monday, access to the courthouse at the Horiguchi Building in Garapan will be limited to court employees, tenants of the building, and individuals appearing for scheduled in-person court proceedings or for confirmed appointments with judges, the Office of Pretrial and Probation or other tenants of the building.

The building will be open from 8am until 12pm Monday through Friday, except on legal holidays.

Public access to the court proceedings will remain available in accordance with set procedures.

Court employees will remain available by telephone and email from 8am until 5pm Monday through Friday, other than legal holidays.

In limiting court proceedings, Manglona said all civil and criminal jury selections and jury trials scheduled before June 8, 2020, are continued pending further court’s order. She said all regularly scheduled grand jury proceedings are continued to June 15, 2020.

However, the judge said, the U.S. Attorney’s Office may schedule grand jury proceedings for emergency or essential matters after consulting her.

Other court procedures are the following:

• To the extent possible, all civil, criminal, and bankruptcy hearings will be conducted by telephone or video conference as determined by the presiding judge.
• Sentencing and revocation hearings may be scheduled for in-person appearances at the courthouse at the presiding judge’s discretion.
• To the extent possible, criminal matters, such as initial appearances, arraignments and detention hearings will be conducted by videoconference with the defendant’s consent.
• Due to the court’s reduced ability to empanel jurors during this public health response, the time period of the continuances implemented by this order will be excluded under the Speedy Trial Act. The court will issue findings in individual cases.
• The court is cognizant of the right of criminal defendants to a speedy trial under the 6th Amendment, and the application of that right in cases involving defendants who are detained pending trial. Any motion by a criminal defendant seeking an extension to this order to exercise • that right should be directed to the judge assigned to the matter.
• All naturalization ceremonies, attorney admissions and other non-case related proceedings are postponed.
• To the extent possible, the review and execution of warrants and complaints will be conducted remotely as arranged with the individual judge.
• On filing and payments, Manglona said, all business with the clerk’s office should be conducted by telephone and email from 8am to 5pm on Monday through Friday, except legal holidays.

All requests for court documents, including summons, subpoenas and federal records clearances, must be made by email to qclerk@nmid.uscourts.gov. or by calling the deputy clerk on duty at 670-237-1200.

Cash/currency will not be accepted during this period. Only checks or money orders will be accepted. Criminal debts, miscellaneous fees, or any other payments must be made out to “Clerk, U.S. District Court.” Payments should be mailed to: United States District Court for the NMI P.O. Box 500687 Saipan, MP 96950.

Filings will continue to be processed in all cases via the CM/ECF electronic system, except for case openings and sealed matters. Email filings will continue to be accepted. Those who must make in-person filings or payments may call the deputy clerk on duty at 670-237-1200 and will be instructed to leave materials at the drop box at the courthouse.

In-person filings and payments will only be available from 8am to 12pm on Monday through Friday, except for legal holidays. All dropped off materials must be placed in a sealed envelope and will be received after screening by security. On the outside of the envelope, state the name of the person making the payment or filing, the case number (if applicable), and a contact phone number in case of any questions. Mailed and dropped off materials may not be processed until three business days after receipt by the court.

For any filings that require immediate attention, contact the deputy clerk on duty at (670) 237-1200. Documents for filing or receipting will have the effective date of receipt by the court, not when processed.

On criteria for entry into courthouse, Manglona said anyone entering the building must wear a face mask, sanitize hands upon entering and exercise social distancing (stay 6 feet apart from others). The judge said court security will deny entry into the courthouse the following:

Anyone who is not wearing a face mask.

Anyone who has been diagnosed with an active case of COVID-19 or has had contact with anyone who has been diagnosed with an active case of COVID-19 within the last 14 days.

Anyone who has been asked to self-quarantine or self-isolate by any doctor, hospital or health agency in the last 14 days.

Anyone who has experienced in the last 14 days any of the symptoms—cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell.

Manglona said notice of the entry protocols will be posted at the entrance door of the courthouse.

She said individuals prevented from entering the building will be provided contact information of the court and all tenants of the courthouse so that they may attempt to conduct their business by phone or other remote means.

Members of the public may call in to listen to any scheduled public hearing on the phone number provided for each hearing. This phone number will be published on the court’s website at http://www.nmid.uscourts.gov/calendar.php.

Manglona said recording or broadcasting any hearing in any manner is strictly prohibited. She said violators of this prohibition may be cited for contempt.

On signing and filing certain documents, Manglona said signatures required from any party, including consents to telephonic or video conferencing, financial affidavits, waivers of preliminary hearings, pretrial and probation reports, and appearance bonds/orders for release will be performed electronically with the /s/ [name] format.

Manglona said defense counsel may sign on behalf of the defendant, after receiving the defendant’s consent, and file the document electronically.

Parties will confirm e-signatures during a hearing.

On pretrial services reports, the U.S. Probation is authorized to email the pretrial services report to assigned counsel in each case to facilitate video conferencing or the telephonic hearings.