‘Judge’s tirade defies Canons’

A Superior Court judge has said that associate Judge Kenneth Govendo violated the principles of Judicial Canons when he called a Filipino defendant “muchacho” and stated he wishes he could “get rid of locals” involved in domestic violence but that he can’t because they’re American citizens.

In a written order issued Wednesday, associate Judge Ramona V. Manglona said that Govendo’s statements were in violation of the “principles of decorum and temperance that the Judicial Canons seek to promote.”

“The judge’s tirade does appear to defy the mandates of Judicial Canon 3B(9), which states in part, that ‘A judge shall not, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness…[or] that might substantially interfere with a fair trial or hearing,’” Manglona said.

Filipinos generally find the word muchacho degrading as it means slaves or houseboys. According to Urban Dictionary, muchacho is Spanish term meaning slaves. Merriam Webster defines muchacho as Spanish for a male servant and a young man.

Manglona discussed Govendo’s statements in her order denying Roger S. Castillo’s motion to vacate his criminal conviction in a domestic violence case.

According to Castillo, over eight months before his criminal trial, he had already been tried in the Family Court before Govendo for the same acts that got him convicted in the criminal case. Castillo also argued that his criminal case was improperly initiated by a sitting judge. He said an independent trier of fact would have to be appointed so he would receive a fair trial.

Castillo based this on the statements made by Govendo at the conclusion of the hearing in family court.

In that hearing, Govendo had said he was going to notify the Attorney General’s Office because he wants criminal charges filed against Castillo.

“It is time to say goodbye to Mr. Castillo. It is time that he went back to the Philippines, OK. He’s a problem, he doesn’t follow court orders, he’s a bully and it’s time that he went ‘bye, bye, adios,” Govendo said at the hearing.

Govendo said CNMI doesn’t need people like Castillo. “And since we’re still in charge of immigration it’s time to say ‘problem! Adios problem! Back to the P.I. where you can be a problem there, OK. We have enough problem children here from the P.I. and it’s time we get rid of them,” he said.

Govendo had said he was going to recommend that Castillo be prosecuted. “I am going to personally take this on myself, Mr. Castillo. I want to see you leave the Northern Mariana Islands. And when you leave, I will be at the airport to go ‘adios muchacho! Don’t come back! Alright!”

He then stated that after the hearing he will call the AGO and that he is going to make it his personal journey to make sure that Castillo leave the CNMI. “I want you out of here Roger…It is now time to start cleaning house in the CNMI. We don’t need perpetrators of domestic violence here,” he said.

Govendo also added, “I wish I could get rid of the locals but I can’t. They’re American citizens. But the ones who are not, there’s no reason why we should have to put up with them.”

In her order issued issued Wednesday, Manglona said that Govendo’s comments were “at a minimum intemperate and improvident, and his vitriol casts an appearance of impropriety upon the entire Superior Court and brings the judiciary into disrepute.”

However, Manglona said, Castillo failed to provide any evidence that the criminal proceedings were in fact tainted by Govendo’s statements or actions.