Chief Justice Miguel S. Demapan at the same time accused the governor of attempting to “influence, if not control, the many facets of the judiciary’s internal administrative affairs.”
Demapan asked the governor to withdraw his budget proposal that will cut the judiciary’s budget by 46.5 percent — from $5,562,398 to $2,972,847.
In his April 8, 2010 letter to Gov. Benigno R. Fitial Demapan said: “As an independent and co-equal branch of government, we are required and entitled to communicate our own fiscal needs to the Legislature free of influence from the executive branch.”
Demapan said they have informed House Ways and Means Committee Chairman. Ramon S. Basa, Covenant-Saipan, that the judiciary “will not engage in a dialogue that focuses on the executive branch’s submission, but will instead discuss only the budget request [the judiciary] provided him.”
Demapan added, “While I earnestly desire to resolve this matter diplomatically, the judiciary reserves the right to challenge the constitutionality of your submission should you refuse to withdraw it.”
Operating cost
Demapan said Fitial allocated $514 for the operating cost allocated for the judiciary’s full-time employees.
In contrast, the Legislature will get $33,135 while $12,456 was set aside for the executive branch.
Demapan reminded Fitial that the CNMI Constitution “requires the chief justice, not the governor, to make this submission on behalf of the judiciary.”
The chief justice added, “Your annual submission is problematic both practically and legally.”
The judiciary, he said, is in a much better position to determine its budgetary needs.
“Anything submitted by the executive branch on our behalf that is not in line with our submission is purely speculative,” Demapan told Fitial.
He said the governor’s “systematic attempt to influence the Legislature’s budgetary decisions as they relate to the judiciary encroaches upon the basic principle of the separation of powers doctrine.”
Demapan said: “I hesitate to provide further comment due to restraints imposed by the canons of judicial ethics, but in defense of the judicial branch, I note the gravity of your potentially unconstitutional actions.”
‘Inaccurate’
According to Demapan, the administration “submitted a [budget proposal] to the Legislature that is patently inaccurate.”
Demapan said the judiciary made major restructuring efforts for this year.
These include the creation of a central administrative office and 40 percent of the judiciary’s employees were transferred to this department.
“It is now the largest employer within the judicial branch, yet the executive branch budget proposal did not account for these changes,” Demapan said.
The judiciary said it has 82 full-time employees.
To increase case management efficiency, Demapan said the judiciary altered multiple employees’ duties and job titles, “yet these major changes, were, again, not reflected in [Fitial’s] submission.”
Additionally, Demapan said Fitial’s proposal listed former staff members who have departed the commonwealth years ago.
In the past, the chief justice said, “the judiciary leadership has frowned upon the executive branch’s budget proposal submissions on [the judiciary’s] behalf, yet [the judiciary] have refrained from challenging the legality of such submissions.”
He added, “While your proposals are, without fail, substantially lower than ours, we have correctly assumed that the Legislature would find middle ground and provide a reasonable allocation that would allow us to fulfill our constitutional mandates.”
Demapan said “this year, however, we cannot remain complacent in the light of the unreasonably low proposal by the executive branch.”
