THE House Committee on Judiciary and Government Operations may recommend the passage of a measure that seeks to establish a Marshal Service Division that would be under the supervision of the presiding judge of the Superior Court.
According to a recent draft report signed by Committee Chairman Martin B. Ada, R-Saipan, and Rep. Stanley T. Torres, R-Saipan, H.B. 13-84 introduced by House Speaker Heinz S. Hofschneider, R-Saipan, “will ensure that our courts have access to specialized group of officers, called Marshals, that are trained to handle court security.”
The committee members recently met with Supreme Court Chief Justice Miguel S. Demapan and Superior Court Presiding Judge Edward Manibusan to discuss the bill.
Demapan opposes the passage of the bill. He said the legislation would “unacceptably vest authority” on the trial court over the division. He claimed that it was “inappropriate” for the Legislature to promulgate rules on judiciary administration as it is the “exclusive domain” of the Supreme Court.
But it was argued in the report that while the committee “is cognizant of the need to avoid interfering with the business of the judiciary,” it nonetheless has the duty to establish by law when necessary new offices within government branches including the judiciary.
It was stated in the report that although law enforcement is traditionally a function of the executive branch, the Legislature has previously created through P.L. 11-46 the Office of Adult Probation Supervision which is an office within the judicial branch that has law enforcement duties.
“OAPS officers also have law enforcement duties and responsibilities and report to the presiding judge. The committee notes that the chief justice of the Supreme Court has not challenged (that law) as a violation of the doctrine of separation of powers or the judicial rule-making or administrative authority given the chief justice by Constitution or statute,” the report stated.
