Supreme Court Chief Justice Miguel S. Demapan and Superior Court Presiding Judge Robert C. Naraja jointly said: “The Judicial Council concluded that in order for the judicial branch to uphold the rule of law, fulfill constitutional mandates as determined by the NMI and U.S. Constitutions, and fulfill its indispensable role in maintaining the health, safety, and welfare of the people of the commonwealth and to protect against damage to and destruction of property during a government shutdown.”
A Variety source said the Fitial administration has provided ample funding for the judiciary.
The judiciary’s administrative order stated that the Judicial Council formally adopted Resolution Number 10-2010 on Sept. 23, 2010.
The resolution defined “essential services as those functions performed by the Judiciary which are necessary to the health, safety, and welfare of the people of the commonwealth, protect against damage to or destruction of property, or are required to fulfill the constitutional mandates of the NMI and U.S. Constitutions; and there exists a reasonable likelihood that health, safety, and welfare of the people, the protection of property, or the Constitution would be compromised to a significant degree by any delay of the performances of the functions.
Additionally, essential employees were defined as those personnel necessary for the immediate performance of the essential service.”
The identified services and personnel are subject to change and “shall be re-evaluated on every fifth day of closure,” according to the administrative order.
As of Oct. 1, 2010, the administrative order said, the judiciary identified 24 positions that are essential: two law clerks, Supreme Court; three law clerks, Superior Court; Supreme Court Clerk of Court; Superior Court Clerk of Court; Superior Court Deputy Clerk; two courtroom clerks, Saipan; one courtroom clerk, Rota; one courtroom clerk, Tinian; three deputy Marshals or Marshal interns; one Family Court Division manager; one cashier’s office personnel; chief probation officer and four probation officers; one director of courts; and, one deputy director of courts (special assistant to the presiding judge).
The administrative order defined essential employees to the judiciary as follows:
• All persons necessary for the continued provision of uninterrupted services of criminal litigation
• All persons necessary for the continued provision of uninterrupted services of victim restitution and supervised probation following judgments and convictions
• All persons necessary for the continued provision of uninterrupted services of family protections
• All persons necessary for the continued provision of civil litigation services required for the protection of property or human life or to afford due process
• All persons necessary for the continued provision of public access to court proceedings and necessary to ensure the safety of participants in such proceedings during the period of the shutdown.
The administrative order further said the following services are “essential during any government shutdown regardless of the length of shutdown” that are probable cause/Gerstein hearings following warrantless arrest; bail hearings and bail modification hearings; civil commitment hearings; Family Court services including temporary restraining order hearings; temporary restraining order and preliminary injunction hearings; writs; preliminary hearings pursuant to NMI Rule of Criminal Procedure; adult initial appearance pursuant to NMI Rule of Criminal Procedure; juvenile initial appearance pursuant to NMI Rule of Juvenile Delinquency Procedure; traffic arraignments; criminal arraignments; judicial review/issuance of warrants (search, arrest, eavesdropping); bench and jury trials presently set; and, any other hearings or motions which address or affect the civil rights of incarcerated individuals.
The administrative order said “although not listed…all federally funded personnel shall continue to work. Further, all judges and justices shall continue to work and shall continue to be compensated pursuant to NMI Const.”
The Tinian and Rota courthouses will remain open Mondays and Wednesdays from 7:30 a.m. to 11:30 a.m. and on Fridays from 7:30 a.m. to 4:30 p.m. However, there will be no regularly scheduled docket at this time.
Twenty-four personnel of the judiciary, which has 74 full-time employee positions, are reporting for work during the government shutdown that started on Friday.
