Ninth Circuit certifies 2 legal questions for CNMI Supreme Court

The U.S. Court of Appeals for the Ninth Circuit has certified two legal questions for the CNMI Supreme Court in connection with the CNMI government’s appeal from the federal court’s orders that favored Emerenciana Peter-Palican in her lawsuit against the government for terminating her in 2006 as special assistant for Women’s Affairs.

The Ninth Circuit judges stayed all further proceedings in Peter-Palican’s case pending receipt of the answer to the certified questions.

The judges said resolution of this appeal depends on Commonwealth Law and that they find no controlling precedent in the decisions of the CNMI Supreme Court.

The Ninth Circuit judges said the CNMI Supreme Court’s answers to the certified questions will be determinative of the issues in this appeal, and that court is in a much better position to interpret its own constitution.

The Ninth Circuit judges’ certified questions are:

– Does Article III, section 22 of the Commonwealth Constitution, which states that “the Special Assistant may be removed only for cause,” mean that the Special Assistant may never be removed from that position without cause-even beyond the term of the appointing governor-or does it mean that the Special Assistant is protected against termination without cause only during the term of the appointing governor?

– If the answer to the above question is that Article III, section 22 of the CNMI Constitution means the Special Assistant may never be removed for cause even beyond the term of the appointing governor, does Commonwealth law imply a private right of action for monetary damages against the Commonwealth or its officials for violation of that section?

The Ninth Circuit judges said if the CNMI Supreme Court declines certification, they will resolve the issues according to their understanding of Commonwealth law.

The U.S. District Court for the NMI ordered the CNMI government in March 2010 to pay Peter-Palican $216,049.88 in back wages. The court also ordered the government and Gov. Benigno R. Fitial to reappoint her within 30 days to a government position that has the same salary or greater than what she used to have.

The CNMI government and Fital appealed. They asked the Ninth Circuit to reverse federal court’s four decisions in the lawsuit.

Among the issues they raised on appeal is whether the term of the special assistant for Women’s Affairs ends with the administration that appointed her.