Mr. Speaker, I rise today to pay tribute to the many individuals who founded, developed and stewarded the judicial system in the Northern Mariana Islands, where American jurisprudence was rooted in the liberation of our islands in 1944.…
Mr. Speaker, I rise today to pay tribute to the many individuals who founded, developed and stewarded the judicial system in the Northern Mariana Islands, where American jurisprudence was rooted in the liberation of our islands in 1944.
The World War II-era naval military government established a three- tiered
organization of Exceptional Military Courts. The later-established Trust Territory of the Pacific Islands judiciary was also a three- tiered court system.
When the Commonwealth was formed in 1978, a Commonwealth Trial Court, later renamed the Commonwealth Superior Court, was established. During the trial court's infancy, the Federal district court for the Northern Mariana Islands retained limited original and appellate jurisdiction over local matters.
In 1989, a Commonwealth Supreme Court with local appellate jurisdiction was created. Finally, in 2004, Ninth Circuit appellate jurisdiction over Commonwealth Supreme Court decisions ended, and those decisions are now appealable only to the United States Supreme Court.
The history of our court system is colorful and is as unique as our islands and our people. Please join me in paying tribute to the many judges and justices who have served our islands with distinction.
Mr. Speaker, I rise today to pay tribute to the many individuals who founded, developed, and stewarded the judicial system in the Northern Mariana Islands. American jurisprudence in the Northern Marianas is rooted in the American invasion and liberation of the islands in 1944.
The earliest American laws in this World War II period were proclamations from the Naval Military Government, which exercised control over the islands for three years following the initial invasion. A three-tiered organization of Exceptional Military Courts was established by Admiral Chester Nimitz. Under this system, Summary Provost Courts, with one military officer sitting as judge, were established as courts of limited jurisdiction to hear cases for which the punishment was less than one year in prison or a fine of less than two thousand dollars. Superior Provost Courts--comprised of one or more military officers--were convened on an ad hoc basis to consider cases in which the potential punishment ranged to ten years in prison. The Military Commission was the highest court of the land, and could hear cases of any nature. This tribunal was convened by the Military Governor and the three military officers who comprised the Commission could mete out any punishment up to, and including, a death sentence-- although any execution could not be carried out without the confirmation of the Secretary of the Navy. The Naval Military Government did not establish any military courts with jurisdiction over civil matters--during this period, local disputes that were not informally resolved among the native islanders were resolved with the assistance of a military officer acting as a ``higher authority,'' but not sitting as a court. Records indicate that a Village Magistrate Court may have been established in 1947, shortly before the advent of the United Nations' Trust Territory of the Pacific Islands in July of that year.
The judiciary established in the Trust Territory, as in Naval Military Government days, was a three-tiered system of community courts, district courts, and a High Court. Community court judges, appointed by the district administrator, could hear civil matters in which the amount in dispute did not exceed one hundred dollars and criminal matters in which the punishment did not exceed six months in jail, a one hundred dollar fine, or both. District courts had jurisdiction over civil matters in which the amount in dispute did not exceed one thousand dollars and criminal matters in which the punishment did not exceed two years in jail, a two thousand dollar fine, or both. District courts were staffed by a presiding judge and one or more associate judges, appointed by the High Commissioner, and also had appellate jurisdiction over community court actions. The High Court, which consisted of a chief justice and a number of associate justices and temporary judges, had appellate review over district court decisions and also had general jurisdiction over all civil and criminal cases in the Trust Territory.
Upon the formation of the Commonwealth in 1978, a Commonwealth Trial Court was established by our local legislature pursuant to the Commonwealth Constitution. The first judge of the court was confirmed in February 1979, and was joined by additional judges over the following few years. During the trial court's infancy, the federal district court for the Northern Marianas retained jurisdiction over civil cases involving amounts in controversy over five thousand dollars, criminal cases in which the potential penalty exceeded five years' imprisonment, and all jury trials. The district court also maintained appellate jurisdiction over Commonwealth Trial Court decisions.
In 1989, a public law renamed the Commonwealth Trial Court as the Commonwealth Superior Court, and established a Commonwealth Supreme Court with local appellate jurisdiction.
Perhaps the most significant event in the history of the Commonwealth judiciary occurred in 1997, when voters in the Commonwealth approved a House Legislative Initiative which established the Commonwealth Supreme and Superior Courts as constitutional entities under a unified judiciary system.
In May 2004, the Commonwealth court system achieved status akin to that of all other state judiciaries, when Ninth Circuit appellate jurisdiction over Commonwealth Supreme Court decisions ended. Now, Commonwealth Supreme Court decisions are final unless the United States Supreme Court grants certiorari review.
Recently, our community celebrated the culmination of a multiyear project with the publication of The Northern Mariana Islands Judiciary: A Historical Overview, authored by past and present members of our judiciary, law clerks, and others, and which provides a comprehensive view of the evolution of law and legal systems in the Commonwealth from 1521 to the present. The book was published by the Northern Marianas Judiciary Historical Society, and was funded by a National Endowment for the Humanities grant administered by the NMI Council for the Humanities.
The Commonwealth judiciary has evolved from its original roots in military necessity to a full-fledged branch of government, coequal with the local executive and legislative branches. Today, there are three Supreme Court justices and five Superior Court judges, the majority of whom were born and raised in our community. And, in addition, there is a United States District Court for the Northern Mariana Islands to which the President has nominated and the U.S. Senate has confirmed a native of the Northern Mariana Islands. The history of our court system is colorful and as unique as our islands and our people.
I ask you to join me in paying tribute to the many judges and justices who have served our islands with distinction over the course of nearly 70 years since the Battle of Saipan.
Current Commonwealth Supreme Court justices: Miguel S. Demapan, Chief Justice; Alexandro C. Castro, Associate Justice; and John A. Manglona, Associate Justice.
Current Commonwealth Superior Court judges: Robert C. Naraja, Presiding Judge; David A. Wiseman, Associate Judge; Ramona V. Manglona, Associate Judge; Kenneth L. Govendo, Associate Judge; and Perry B. Inos, Associate Judge.
Former Commonwealth Supreme Court justices: Jose S. Dela Cruz, Chief Justice; Marty W.K. Taylor, Chief Justice; Pedro M. Atalig, Associate Justice; Jesus C. Borja, Associate Justice; and Ramon G. Villagomez, Associate Justice.
Former Commonwealth Superior Court judges: Edward Manibusan, Presiding Judge; Timothy H. Bellas, Associate Judge; Virginia S. Sablan-Onerheim, Associate Judge; and Juan T. Lizama, Associate Judge.
Former Commonwealth Trial Court judges: Robert E. Moore, Associate Judge; Robert A. Hefner, Presiding Judge; and Herbert D. Soll, Associate Judge.
Current and former pro tem justices: Arthur R. Barcinas, Associate Judge, Guam Superior Court; Timothy H. Bellas, former Associate Judge, CNMI Superior Court; Richard H. Benson, former Associate Justice, Federated States of Micronesia Supreme Court; Michael J. Bordallo, Associate Judge, Guam Superior Court; Jesus C. Borja, former Associate Justice, CNMI Supreme Court; F. Philip Carbullido, Chief Justice, Guam Supreme Court; Benjamin J.F. Cruz, former Chief Justice, Guam Supreme Court; Alberto C. Lamorena III, Presiding Judge, Guam Superior Court; Edward Manibusan, former Presiding Judge, CNMI Superior Court; Joaquin V.E. Manibusan, Jr., former Associate Judge, Guam Superior Court; Katherine A. Maraman, Associate Justice, Guam Supreme Court; Virginia S. Sablan-Onerheim, former Associate Judge, CNMI Superior Court; Vernon P. Perez, Associate Judge, Guam Superior Court; Kathleen M. Salii, Associate Justice, Republic of Palau Supreme Court; Peter C. Siguenza, Jr., former Chief Justice, Guam Supreme Court; Herbert D. Soil, former Associate Judge, CNMI Trial Court; Anita A. Sukola, Associate Judge, Guam Superior Court; Robert J. Torres, Jr., Associate Justice, Guam Supreme Court; Frances M. Tydingco-Gatewood, former Associate Justice, Guam Supreme Court; and Steven S. Unpingco, Associate Judge, Guam Superior Court.
Former special judges: Pedro M. Atalig, Timothy H. Bellas, Benjamin J.F. Cruz, Larry L. Hillblom, Edward C. King, Rexford C. Kosack, Alberto C. Lamorena III, Juan T. Lizama, Jane E. Mack, Vicente T. Salas, Michael A. White, and David A. Wiseman.
Former Mariana Islands District Court and Community Courts justices and judges: in Saipan, Juan M. Ada, Ignacio V. Benavente, Olympio T. Borja, Francisco R. Cruz, Vicente E.D. Deleon Guerrero, Elias P. Sablan, Felipe A. Salas, and Jose A. Sonoda; in Rota, Andres C. Atalig, Jose A. Calvo, Fortunato T. Manglona, Santiago M. Manglona, Thomas C.
Mendiola, and Melchor S. Mendiola; and in Tinian, Joaquin C. Aldan, Freddy V. Hofschneider, Sr., and Henry V. Hofschneider.
Former Trust Territory High Court judges and justices: Edward P. Furber, Chief Justice and Temporary Judge; Robert K. Shoecraft, Chief Justice; Harold W. Burnett, Chief Justice and Associate Judge; Alex R. Munson, Chief Justice; James R. Nichols, Associate Judge; Pleaz William Mobley, Associate Judge; Philip R. Toomin, Associate Judge; Arthur J. McCormick, Associate Judge; Paul F. Kinnare, Associate Judge; Joseph W. Goss, Associate Judge and Temporary Judge; D. Kelley Turner, Associate Judge; Arvin H. Brown, Jr., Associate Judge; Robert A. Hefner, Associate Judge; Donald C. Williams, Associate Judge; Mamoru Nakamura, Associate Judge; Ernest F. Gianotti, Associate Judge; and Richard I. Miyamoto, Associate Judge.
Former Trust Territory High Court temporary judges: Richard H. Benson, Robert Clifton, E. Avery Crary, P. Drucker, Christobal C. Duenas, Eugene R. Gilmartin, Anthony M. Kennedy, Alex Kozinski, Alfred Laureta, Jose C. Manibusan, Carl A. Muecke, Joaquin C. Perez, Paul D. Shriver, J.M. Spivey, and Dickran M. Tevrizian.
Current and former U.S. District Court for the Northern Mariana Islands judges: Ramona Villagomez Manglona, Chief Judge; Alex R. Munson, former Chief Judge; Alfred Laureta, former Chief Judge.