[Congressional Record Volume 157, Number 119 (Monday, August 1, 2011)]
[House]
[Pages H5868-H5870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  RECOGNIZING PAST AND PRESENT JUDICIARY OF COMMONWEALTH OF NORTHERN 
                            MARIANA ISLANDS

  (Mr. SABLAN asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. SABLAN. 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

[[Page H5869]]

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.

[[Page H5870]]

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.

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