DEAR Chief Justice Alexandro C. Castro:
Recently, every CNMI Superior Court judges recused themselves from hearing a lawsuit filed by former Governor Torres challenging the contract for the Special Prosecutor. Every CNMI Supreme Court justice also has recused themselves from litigation associated with former Governor Torres. These recusals, and others, incur substantial delay in significant cases and prevent the public from having cases heard by local elected officials.
While the Commonwealth Code provides a specific process for announcing a recusal of a judge or justice, the Code does not consistently require the judge or justice to identify in detail the factual basis for the recusal. 1 CMC section 3309(a). This creates a situation wherein there is no review of the decision to recuse and inconsistent disclosure of the reasons for recusal.
As Chair of the Committee on the Judiciary and Governmental Operations, I am concerned about this pattern of recusal that is not subject to review or disclosure.
I am requesting that the CNMI Judges and Justices disclose the specific reasons for recusing themselves in the criminal case pending against former Governor Torres, the civil cases recently filed by former Governor Torres, and the civil case litigating former Governor Torres’ refusal to honor a legislative subpoena.
Sincerely,
REP. MARISSA FLORES
CNMI Legislature
