I DECIDED to pursue a third term in office with some hesitation. I shared that hesitation with my family of course and my colleagues. And I listened. I had to pause and reflect on the role and the duties and the responsibilities of the office. I look back at my eight years in office and I asked myself whether I have fulfilled or attempted to fulfill the mandate given to the office by our citizens when they chose to elect their attorney general.
The office ran into many challenges over the course of time. We went through some rough weather and sailed through tranquil waters. We lost some battle and secured legal victories. My term began with the budget crises when our government was looking for ways to pay its obligations, the Public School System was in a budget battle with the administration. We went through a state of emergency disasters in the wake of Typhoon Soudelor, Mangkut and Yutu. It was also the beginning of our legal battle to retain our sovereign immunity, our legal battle to ensure a safe community by defending a challenge to our gun law. It was also the beginning of time in defending and protecting our scare resource, our public lands.
In the years to follow, the office stayed on course with the initiatives I formed during my first term. These initiatives were:
1) to ensure the independence of the office;
2) improve and strengthen the criminal code;
3) work with agencies to improve the procurement code and assist the agencies with their legal needs;
4) support all law enforcement; and
5) ensure the security and safety of our citizens.
We have made substantial progress and achievement over the years on these initiatives. I will highlight a few of the major achievements of the office.
1) We obtained a major victory in the 9th circuit which ruled that the Commonwealth enjoys sovereign immunity against suits in the federal court arising out of Commonwealth law. This was a very important decision for the Commonwealth as we have eliminated substantial claims which can be brought against the Commonwealth in the federal court.
2) We successfully defended the challenge of the attorney general’s common law powers to sue the executive agencies and officials.
3) We successfully challenged the executive and legislative salaries.
4) We increased our ability to provide children in need of support, by drafting a Uniform Interstate Family Support Act which became law and in the succeeding year with the support of Presiding Judge Naraja and the Court, the CNMI now has a Child Support Guidelines that ensures that children get the support they need.
5) The Criminal Division was successful in a number of important cases in the Superior Court and in our Supreme Court, decisions that have stare decisis effect on our criminal laws and procedures.
I believe the Office of the Attorney General overall performed exceptionally well. We vigorously defended actions as well as claims against the Commonwealth. We brought and settled claims on behalf of the Commonwealth on many different issues such as violation of the zoning laws, building codes, environment laws, consumer related issues and settled long standing judgments against the Commonwealth including land compensation claims, personnel matters including the pursuit for the recovery of money as in the case of MV Luta, Imperial Pacific, and many others including the pursuit of illegal overtime payment against members of the executive branch cabinet.
The OAG has been engaged in other projects as well. As stated earlier, we drafted meaningful legislation for the protection and livelihood of our children in the most recent legislation establishing the UIFSA and Child Support Guidelines.
We drafted legislation dealing with sexual assault, defining dangerous weapon, refining conditions of bail, crime of strangulation, reducing the time for filing a claim on tort actions against the Commonwealth, actions for forfeiture of assets, sentencing of absent defendant and other bills.
We drafted legislation dealing with weapons control in the wake of a Second Amendment lawsuit which is now called the SAFE Act.
I intend to pursue all of these with the new administration and lawmakers because I believe we will be a much safer and stronger community with the passage of the laws we have proposed.
In addition, the attorneys in the OAG have been active in a number of committees established by the Court as well as our representation in the CNMI Bar Association.
The outlook for the office in the years ahead — first and foremost, we will stay faithful to the commandments of the Constitution and the laws of the Commonwealth.
As the new administration takes office, we will be ready to provide legal advice to the governor, his executive departments, the autonomous agencies and public corporations on the basis of law and we will demand their adherence to the rule of law.
The OAG will have an opportunity to effect change in the function and operation of the incoming administration. We will engage the administration in making changes to regulations that are necessary to curb waste and abuse in the administration of contracts and other expenditures of public funds.
We have the opportunity to effect change to meet the demands of the institution of laws and regulations by engaging the leadership through meetings, providing timely legal advice and collaborating on matters beneficial to the interest of the Commonwealth.
We started the work on assignment of counsel to work with the executive branch agencies and we will advance our meeting agenda with individual department secretaries as soon as they take office to discuss on-going issues affecting the agency and servicing their legal needs.
In the near term, I will work with the Legislature to pass laws that ensures the office’s independence from political interference. I will continue all efforts in protecting our consumers from scrupulous business practices. I will see to it that our office keeps our community safe by prosecuting those who commit violent acts. I will continue to protect our environment and lastly ensuring an open and honest government.
I am constantly reminded of the oath I took in January 2015, in 2019 and most especially today, and that is to “faithfully support and defend the Constitution and Laws of the Commonwealth and the United States to the best of my ability.”
I believe I have been loyal to the office and have performed to the best of my ability and steady leadership. I have kept my promise to make the Office of the Attorney General work for the people.
I cannot do the work by myself. I have a team dedicated and committed to serving the people of the Commonwealth.
Edward Manibusan
