THE Superior Court will no longer issue subpoenas in matters that do not have a case name and number.
In a memorandum issued on Thursday, Presiding Judge Roberto Naraja instructed Patrick V. Diaz, the clerk of court, to “refrain from issuing subpoenas in matters that do not have a CNMI Superior Court case name and number.”
The judge said this is in accordance with Rule 17 of the NMI Rules of Criminal Procedure, and Rule 45 of the NMI Rules of Civil Procedure.
“This directive shall take effect immediately,” he added.
Copies of the memo were provided to Judge Kenneth L. Govendo, Judge Joseph N. Camacho, Judge Teresa Kim-Tenorio, Special Assistant to the Presiding Judge Janina Maratita and Deputy Clerk III Novelyn A. Wania-Tenorio.
Asked about the directive, Rep. Marissa Flores said: “The memo highlights the need for an investigative subpoena rule. Whether it comes from the Legislature or the Supreme Court, someone needs to act on behalf of the public. This is about pursuing justice.”
Flores is the author of House Bill 23-22, which seeks subpoena power for the Office of the Attorney General. The bill has been passed by the House of Representatives and is pending in the Senate.
For her part, Senate President Edith Deleon Guerrero said, “The [presiding judge’s] memo is clear: no subpoena without a court case.”
She added, “The issuance of the directive provides our community the comfort and assurance that there exist the checks and balances of power for the protection and respect of their individual constitutional rights without fear of being subpoenaed without an existing court case.”
Recently, a Rota businesswoman, Abelina Mendiola, filed a civil complaint in Superior Court against the OAG and the CNMI government regarding the subpoenas served on her bank accounts.
According to her lawsuit, the subpoenas had no accompanying case number, and “there is no active criminal case in the Commonwealth Superior Court to which the subpoenas are connected.”
