The passage of the bill portends enhancements to law enforcement and public safety.
Up until now CNMI law required the Department of Public Safety to serve court processes and juror summons, but due to budgetary considerations and the prioritization of DPS responsibilities to protect the public’s safety, the service of jury summons and processes of the courts’ was often being delayed.
The Legislature determined that the law needed to be amended.
The Marshal Service Division, created by the Commonwealth Judicial Council, being the law-enforcement, service and protection arm of the judiciary shall now be responsible for the timely and efficient service of court process and juror summons, the execution of the orders and mandates of the courts, the maintenance of peace in the courthouse and the provision of security for the judiciary.
As law enforcement personnel, the marshals will have the authority to make arrests and carry firearms to protect the judiciary and its staff.
As a positive consequence of these changes, DPS should be better able to focus on the provision of effective community wide police protection.
The judicial council will establish minimum standards of professional experience, physical and mental health and education under which the marshals shall qualify for their positions.
Convicted felons or others who have been convicted of crimes of moral turpitude may not serve in the Marshal Service Division.
Marshals will undergo firearms training and periodic certification to the same extend as DPS police offices and consistent with the department’s standards.
In addition to general court security duties, as described above, and the provision of security for justices and judges outside of the judiciary grounds while they are on official business, the members of the Marshal Service Unit will assist in the transportation and escort of prisoners within the judicial facility, and take prisoners into custody during court proceeding.
They will also participate in lawful information-sharing with commonwealth and federal autonomous agencies, public corporations and licensing boards regarding employee and applicant back ground and pre-certification checks.
Chief Justice Miguel S. Demapan said “the Marshal Service Division is now a fully recognized law enforcement entity. Its officers have authority equal to police officers in the performance of their duties.”
The statutory recognition and authority provided by the new law will allow the Judicial branch to qualify to apply for federal funding to support the Marshal Service Division’s functions.
