Superior Court Presiding Judge Robert C. Naraja said the situation is the direct result of the budget cuts.
But he noted that they are working with the Legislature to address this issue.
“As a result of budget cuts, the judiciary has been unable to consistently issue payments for indigent representation fees in recent years. The judiciary is on course to a legislative solution to this issue,” the presiding judge told the Variety in a written interview coursed through the Office of the Clerk of Court.
Indigent representation fees are sourced through the judicial funds.
Although the Public Defender’s Office represents indigent clients, it cannot cope with a high volume of cases, mostly involving domestic violence, brought daily to the local trial court.
Naraja opted not to have a secretary to reduce personnel expenses.
Chief Justice Miguel Demapan, in the same communication sent to this reporter, said the judicial branch was allocated $5.9 million in 1999.
But this fiscal year 2011, the amount will be $3.3 million — or less than 3 percent of the 2011 appropriations.
Demapan said the judiciary reduced its personnel by 35 percent during the past several years to cope with its budget.
From 120 full-time positions, the judiciary now has 74.
Naraja said their current financial situation does not negate the fact that the judiciary has a responsibility to give indigent people the opportunity to have legal representation.
“The judiciary must appoint counsel, guardians ad litem and translators for indigent persons with a constitutional or statutory right to such representation in court proceedings. Appointing representation for indigent persons is not a matter of discretion for the Judiciary, but rather a specific right afforded to individuals under CNMI law,” the presiding judge said.
“Payment of fees for indigent representation is the financial responsibility of the commonwealth that has come under the Judiciary’s budget in the past,” he added.
