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OAG: Debate is not necessary
Chester Hinds14
The Office of the Attorney General’s Criminal Division doesn’t think a debate with those who oppose the proposed Bail Reform Act is necessary.
OAG Criminal Division Chief Prosecutor Chester Hinds concedes that the issue is an important one. “I think this is an important issue and a discussion is good, but as far as getting into a debate, I don’t think that is necessary,” he said.
Hinds recently issued a statement supporting the bill, stating it is a vital piece of legislation that would help victims of violent repeat offenders feel safe.
CNMI Public Defender Douglas Hartig, who is strongly opposed to the bill, said he would be open to a debate on the matter if he is invited to one.
“I wouldn’t rule out a debate,” he said.
Rep. Marissa Flores (Ind-Saipan), who authored the proposed Bail Reform Act and chairs the House of Representatives Judiciary and Governmental Operations Committee, earlier proposed a debate among those who oppose and those who support her proposed bill, which is named after Keisha King, a woman who was taken hostage and shot dead in 2019 by repeat offender Gordon Castro.
The Office of the Public Defender and 17 other private lawyers have openly opposed the passage of the bill, claiming that it not only takes away a judge’s discretion when it comes to granting or denying bail, but it could also be unconstitutional as they believe it takes away a person’s right to bail.
According to Saipan Tribune archives, Flores’ bill restricts the right to bail, imposes stricter conditions for release, and applies stronger enforcement of bail conditions. It ostensibly seeks to ensure that defendants in criminal cases show up in court, while at the same time improving protection of the public and victims of crime.
Under the bill, a person arrested for a felony offense may be released on reasonable bail by any judge, provided that the prosecutor is given reasonable opportunity to be heard before any application for bail is granted.
No person shall be released on bail for an offense committed while released on bail or after arrest for violation of a condition of probation that includes an allegation of a new offense. The bill also provides several other bail conditions.
