17 lawyers join opposition to bail reform legislation

Seventeen lawyers have joined the position of Chief Public Defender Douglas W. Hartig to oppose the proposed changes in a bill that seeks to deny bail for violent, repeat offenders and imposes conditions for their release.

In written comments Friday on a revised draft of House Bill 23-33, or the Keisha King Bail Reform Act, Hartig said this is not a bail reform legislation as much as it is an obstruction of justice bill designed to interfere with the discretionary duties of the court.

“This bill stands for the notion of presumed guilty and locked up until found not guilty,” Hartig said.

He said the Office of the Public Defender would be happy to work with the House of Representatives Judiciary and Governmental Operations Committee to identify and propose evidence-based bills that can put in place measures for a fairer and just legal system and a safer community.

JGO Committee chair Rep. Marissa R. Flores (Ind-Saipan) is the author of the bill. The committee discussed the legislation during a recent meeting, but did not act on it to allow Hartig, who was off-island at the time, an opportunity to comment.

The 17 lawyers who joined Hartig’s comments are Robert Torres, Colin Thompson, Victorino Torres, Joey P. San Nicolas, Joaquin Torres, Oliver Manglona, Janet King, Richard Miller, Charity Hodson, Michael N. Evangelista, Bruce Berline, Vincent Torres, Joe W. McDoulett, Molly Dennert, Karie Comstock, Steve Pixley, and Matthew Holley.

Hartig said the bill cannot be reconciled with the current Rules of Criminal Procedure.

“It has no practical, statistical, or legal justification. Rather, it would unnecessarily increase the financial burden on CNMI taxpayers and government to pay for pretrial detention,” he said.

Hartig said the changes outlined in this bill would have no positive or practical impact on community safety. Instead, this would simply serve to trample on the rights of CNMI citizens accused of crimes, ruin families, and cause unemployment, and may even cause the death of people accused of minor misdemeanors.

He said that, even as revised, the bill appears to be written without an understanding of the CNMI legal system.

“Not only is the unconstitutionality of this bill clear, but the proposed changes to statutes are in conflict with criminal rules of procedure and will be invalid,” Hartig said.

CNMI Chief Solicitor Robert Glass had defended the legislation at a recent committee meeting, saying this bill focuses on repeat violent offenders that have violated the conditions of their release and probation.

The proposed bill is named after the late Keisha King, who was killed on March 12, 2020, by her boyfriend, Gordon Castro, a convicted felon with a substantial criminal history, who shot her.