1 CMC, Section 7207 states: “Except for funds appropriated for settlements and awards, no court may require the disbursement of funds from the Commonwealth Treasury or order reprogramming of funds in order to provide for such disbursement. Any final judgment of a court shall be paid only pursuant to an item of appropriations for settlements and awards.” In other words, the court may rule that a litigant is entitled to a cash award from the government, but the litigant cannot be paid until the Legislature appropriates the money.
As a continuation of my efforts as an educator, to help the people of the CNMI understand the role of each citizen in a participatory democracy, I will now explain why I did this. When I became aware of 1 CMC, section 7207, as a retiree, I was concerned that the CNMI executive branch, using its influence in the CNMI Legislature, could delay the payment of the amount owed to the Northern Mariana Islands Retirement Fund by simply not appropriating the funds demanded by the court ruling. This would endanger my retirement income. I think that 1 CMC, section 7207, is a violation of the U.S. and CNMI Constitutions which require that there be three separate, equal, branches of government, the executive branch, the legislative branch and the JUDICIAL BRANCH.
As everyone knows, the legislative branch passes laws. The executive branch has as its responsibility the implementation and enforcement of those laws. And the judicial branch, when asked, then determines if the laws passed and implemented are constitutional. So I asked.
If no one asks the court to rule on a particular law that has been passed, implemented, and enforced, that law can be applied for years to the detriment of individuals, in this case retirees. As a concerned citizen in a participatory democracy, I asked the court to make a ruling on 1 CMC, section 7207.
A hearing on this issue has been set for April 7 in Judge Naraja’s courtroom at 9 a.m. The Attorney General’s Office seeks to have this complaint dismissed WITHOUT an answer. I asked myself, “Why would the AGO do this?” Several reasons crossed my mind, but I do not know. Maybe, this is an appropriate tact on the part of the executive branch of our government because it has the responsibility to enforce and defend the laws passed by our Legislature.
But, the AGO’s rationale for requesting dismissal of this case is that according to them, I am not the appropriate party to be asking this question. That rationale really confuses me. I am a legal, voting resident of the CNMI.
I’ve been an educator here in the CNMI for 45+ years. I am of sound mind, I think. This CNMI government is my state government. The CNMI and U.S. Constitutions are the supreme laws of this participatory democracy. I am a U.S. citizen. I am not a felon. Who is more appropriate?
Well, on April 7, 2010 in Judge Naraja’s courtroom at 9 a.m., the AGO and the judge will tell me what’s wrong with me, if anything. You can do so now, if you like!
ROGER N, LUDWICK
Sadog Tasi, Saipan
