Supreme Court Chief Justice Miguel S. Demapan says a bill introduced by House Speaker Heinz S. Hofschneider would encroach on the authority of the judiciary.
Demapan opposed the passage of H.B. 13-84 which seeks to establish and create a marshal service division within the judicial branch.
In a letter to Rep. Herman T. Palacios, a member of the House Committee on Judiciary and Government Operations, Demapan said the legislation “unacceptably vests authority over” the division. It is “inappropriate” for the Legislature to promulgate rules on judiciary administration as it is the “exclusive domain of the Supreme Court,” Demapan said.
Creating a marshal service division, according to Demapan, is a “matter of judicial policy,” thus the “Legislature is impinging on the Supreme Court’s domain by attempting to create (the) division within the judiciary.”
Under Hofschneider’s bill, the division that would be under the supervision of the Superior Court would become law enforcement officers with authority equivalent to that of police officers.
This authority includes the right to carry firearms while on official duty which extends to any place in the commonwealth and to any public offense committed or is believed to have been committed.
But Demapan argued that it is the Supreme Court and not the Superior Court that has “administrative responsibility over the commonwealth judiciary.”
“(It) is vested under the supervision and direction of the chief justice. It is impossible to understand how…the presiding officer of the Superior Court…be given authority over the…division. Clearly, if anyone is to oversee a law enforcement service and protection arm of the judiciary, it must be the Supreme Court,” he said.
He added: “(It) is both nonsensical and a clear abrogation of the Supreme Court’s authority for the presiding judge to oversee safety of personnel outside the Superior Court.”
Demapan also informed the committee that it is not practical at this time to create the division as the judiciary is already “facing a budgetary crisis.”
Hofschneider, R-Saipan, authored a similar bill during the 12th Legislature, which according to Demapan, “was purportedly introduced by Presiding Judge (Edward) Manibusan.”
“Because of our strong objections the bill did not pass. We hope that this Legislature will also support and respect the independence of the judiciary and will leave court administration to the judiciary as clearly called for by our Constitution,” Demapan said.
