Initiative seeks to cut number of NMI associate judges from 4 to 3

With fewer cases filed in court in the past several years, a cash-strapped government and an anemic economy, it may be time to revisit a constitutional provision requiring “at least” four associate judges in addition to a presiding judge in the CNMI Superior Court.

Given the CNMI’s current economic and social conditions, Senate President Paul Manglona (Ind-Rota) said yesterday that the demand for having a total of at least five judges in the Superior Court can no longer be justified.

He said this is the reason why he introduced Senate Legislative Initiative 17-11, which will reduce the number of Superior Court associate judges from “at least four” to “at least three.”

“I believe this is a good proposal that should be put before voters in the next general election,” Manglona told Saipan Tribune.

By cutting down the number of judges, he said the court will realize savings from not having to hire a full staff nor spend money on the operation of one court room.

SLI 17-11 proposes to amend Article IV, Section 2 of the NMI Constitution from “at least four associate judges” to “at least three associate judges.”

Once passed by three-fourths of members of each chamber, the proposed constitutional amendment will be placed on the ballot for voters’ ratification in the next general election.

While some lawmakers asked yesterday, including House minority leader Joseph Deleon Guerrero (R-Saipan) and Senate Vice President Jude Hofschneider (R-Tinian), said they would like to read a copy of Manglona’s initiative first before commenting on its merits, others like Rep. Ray Tebuteb (R-Saipan) expressed strong support for the proposal.

Tebuteb said it’s only logical to reduce the number of associate judges.

The chairman of the Saipan and Northern Islands Legislative Delegation also said there’s a need to revisit the number of lawmakers. An initiative reducing the number of Saipan legislators is still under committee review, months after its introduction.

Floor leader George Camacho (Ind-Saipan), for his part, asked whether there’s really fewer cases filed in the Superior Court, citing what he heard about a backlog of cases, including those pending from the Office of the Attorney General.

Manglona, in his initiative’s findings, cited 12,235 cases filed in the Superior Court in 2000, which dropped significantly to only 5,630 in 2007.

The Senate president said the big drop in the number of cases filed was a result of a declining population.

“Accordingly, the Judiciary can afford to have one less judge in the Superior Court,” the initiative says.

Camacho said while this is a significant decline in the number of cases filed, based on data gathered by the initiative’s author, he said he will need to seek comments from the courts, the OAG, the Public Defender’s Office and some private attorneys “to see if there’s no backlog of cases before I could cast my vote on the measure.”

The House floor leader said he will support cost-cutting measures “but not if it will impede on justice.”

“Justice for the defendant and the CNMI people, including the right to a speedy trial,” he added.

Manglona, one of the longest serving lawmakers in the CNMI, said his SLI 17-11, once passed, is not to eliminate a current sitting judge.

The CNMI has one presiding judge and four associate judges in the Superior Court.

Manglona said if his initiative is approved, the governor will either not nominate an individual to fill the vacancy created or if a Superior Court judge’s retention election happens first, the judge will not be retained.

He also said by leaving the language “at least” in the Constitution, the government will be able to return to five judges if at a later date it is found to be necessary and within the CNMI’s budget.

The Senate president pre-filed his initiative on the eve of the U.S. Senate’s confirmation on July 26 of Superior Court associate judge Ramona Villagomez Manglona as a judge for the U.S. District Court for the NMI.

Judge Manglona is expected to soon resign from her post in the CNMI Superior Court after her confirmation to serve on the U.S. District Court for the NMI.

Superior Court presiding judge Robert C. Naraja already issued a case assignment order that distributed among the judges all the 170 cases presently being handled by Judge Manglona.

The list shows how these 170 cases will be distributed among Naraja and associate judges David A. Wiseman, Kenneth L. Govendo, and Perry B. Inos.

Upon Judge Manglona’s resignation, there will be one vacancy in the Superior Court.

Gov. Benigno R. Fitial, who has been off island for more than three weeks, earlier said he has some names for possible replacements for Manglona once she’s confirmed by the U.S. Senate.

Late yesterday afternoon, the Senate clerk’s office issued notices rescheduling an Aug. 4 Senate session to Aug. 3 at 10am on Saipan.

The Senate president’s initiative is on the session agenda’s bill calendar.