JUDGE TIMOTHY BELLAS A reluctant politician

Begging for votes and being demystified by politics were not exactly what he had envisioned himself to do when he first donned the black robe and took his oath as an associate judge of the Superior Court. But Timothy Bellas has to do what he has to do: campaign for the Nov. 6 elections; pay for political ads; and defend himself against his critics.

“It’s not a great feeling,” confesses the reluctant politician. “Even though people say I shouldn’t be political, I’m still in the political arena. It’s hard to be political and not be political. You have to depend on people’s vote.”

The Nov. 6 political exercise involves not only elections for political positions, but also a decision on whether or not the CNMI voters would approve to keep Bellas in the Superior Court. The referendum for a judicial position, the first in the CNMI, was established by a 1997 law which gives the CNMI voters authority to partly participate in the judges selection process. Bellas’ term will expire in year 2001. If the voters cast a “yes” vote for his retention, then his term would be extended beyond 2001. A “No” vote would mean he has to go after his term expires.

“This system is intended to take politics out of retaining a judge. To some degree. it has merits. If the judge is reappointed or retained, he owes that retention to a political figure such as the governor,” Bellas says.

However, nothing that’s contained in the election ballot is apolitical. Politics is politics. It’s full of mischief. And politics can be painful for controversial public figures like Bellas.

Marital breakup

The “moralists,” for example, take his marital tragedy as a moral issue.

“What occurred in my divorce is too difficult for people to be able to make a reasonable judgment without knowing all the details,” the judge says, daring those who have not sinned to cast the first stone.

“If people want to make that an issue, that’s kind of hypocritical considering the number of probate cases that we see in the court. But I’m not saying that’s an excuse. What I’m saying is that, my divorce is a private issue.

“People have to understand that your personal life and what goes on behind the four walls of your house and behind your bedroom is just not for public consumption. If that’s a requirement for me to make those details public, that’s too great a price to pay,” Bellas says.

Political rulings?

Politics is full of intrigues, and Bellas has found that out quickly. When it was first announced that his position was up for voters’ approval, Bellas’ critics started wondering if his recent court decisions, specifically those that deal with immigration issues, were “political rulings.” A Saipan lawyer, whose client has been ordered deported, wondered if Bellas has changed gear to become “anti-alien.”

Before this, his arch-critic, former Rep. Stanley Torres, has accused Bellas of being “pro-alien” — an issue that is most sensitive to the local population. In one of his controversial decisions, which was recently reversed by the Superior Court, Bellas allowed an overstaying Filipina to go on voluntary departure purportedly to allow her to be with her child.

“If you will take all the immigration decisions, you’ll see how many hundreds of thousands have been deported. One or two decisions that may be different won’t make any difference,” Bellas says.

“When you are in he court, two parties are saying they are right. But you have to say one is right and one is wrong. You can’t please everyone. That’s why there’s a Supreme Court.

“Judges try to do the best we can and isolate ourselves from the prejudices that we all too have. Our decisions are based on the law and not on who the parties are. We don’t make decisions based on race and what religion they are. That’s why justice has a blindfold.

It’s not easy to be a judge.

Judges are human beings and can be charged emotionally. Listening to sad testimonies can make them cry.

Bellas recalls, “I remember a child who testified how his mother was murdered. I had to turn away because tears were coming down my cheeks. I didn’t want the parties to see that.”

But still, a court case can’t be decided based on emotions, he says. In certain cases, Bellas explains, judges have to call law clerks from off-island, who have no prejudices nor attachment to the community, to do a research and recommend a decision.

“That is an insulating layer between your feelings or prejudices and your decision on the case,” Bellas explains.

Dealing with criminals

Sending a convict to jail is not easy either, says Bellas. “Every criminal case is significant to me especially when you have to sentence a defendant. I think about it before, during and after the sentencing and ask myself ‘did I make the right decision?

“People think that you do it easily; you make decision, go home and have dinner and it’s over. It’s not. When you take away somebody’s liberty and put him in jail for a substantial period of time, that’s a decision that weighs heavily on your conscience.

Career

Originally from New York, Bellas has been in the CNMI for almost 20 years. Here is where he spent most of his career years. He has been sitting in the Superior Court as associate judge for four years. before becoming a full-time judge, he served as a special judge for three years.

Before coming to Saipan, he worked as a staff attorney for the U.S. Department of Justice. He had five years of experience in private practice before becoming legal counsel to the Legislature in the early ’80s.

Haole judge

In the community where racial colors apparently still matters, being “white” may be an issue, and Bellas explains why it should not be.

“You need somebody who is not as well connected to the community because there are a lot of conflict issues that arise. I have a lot of cases from other (local) judges that are transferred to me because of conflicts that arose from the extensive family structure in the community.

“If you vote on the basis of race, who knows who the next target race will be: Filipinos, Chinese, Carolinians. When you start dealing on that level you’re doing disservice to the community. No matter what race you are, you should get a fair deal.”