Who they are, what you see, and what you don’t

MIGUEL SABLAN DEMAPAN
Chief Justice

Personal Background
Spouse: Frances Tenorio Demapan
Children: Michael, Patrick, Frannie, Sole, and Micaela

Educational Background
– William S. Reyes Elementary School
– Hopwood Junior High School
– Marianas High School, Class of 1971 (Valedictorian)
– Seattle University, B.S. in Pre-medicine (Emphasis in Chemistry)
– Golden Gate University (S.F.), Masters in Business Administration
– Santa Clara University, Juris Doctor
– University of Guam, Honorary Doctorate of Humane Letters

Civic Involvement

My wife and I are quite active in our children’s Parents Teachers Association. We give our support to school activities that promote the well-being and academic advancements of our Commonwealth children. As the administrative leader of the Commonwealth Judiciary, I have spearheaded programs that open up the Judiciary to the community such as the Justice Teaching Institute, Ta Fan Eskuela Program, and the Pre-law Program, to name a few.

Programs/projects Implemented

* Rota Judicial Center: The Judiciary has built a new courthouse on Rota—a 14,000-square foot, state-of-the-art facility complete with courtrooms for both the trial and appellate courts. It was completed in September 2005.

* Courts and the Media Workshop: The National Judicial College conducted a “Court and the Media” Summit in the Guma Hustisia on Saipan in September 2005. Professor Gary Hengstler led this conference. A conference similar to this was conducted on Saipan in April 2001.

* Bring Justice to the People: In our ongoing efforts to familiarize the community about the judicial system, we recently held oral arguments at the NMC campus Rota. Students were given the opportunity to ask questions after they heard oral arguments from both sides after the opening of the Rota Judicial Center.

* E-Court Project: This project is designed to improve the filing and case management systems within the Judiciary.

* Law and the Freshman Legislators: Each year, the Judiciary invites freshman legislators to open up discussions about issues that might arise during their terms in the legislature. In order to help integrate new legislators and create a cohesive government, we introduce them to what our work here in the Judiciary encompasses.

* Judges in the Classroom: This is a community outreach program where justices, judges, or law clerks visit the schools to talk about the Judiciary, law training or other issues that are of interest to the students and the teachers. This program also reaches our community college classrooms.

* Tan Fan Eskuela Program: Each year we solicit donations from our judges, lawyers, and court staff to help us help the lower socioeconomic children within our community by purchasing much needed school supplies and instructional materials.

* Justice Teaching Institute: The Judiciary brings in high school teachers to update them on civics and emphasize the role of the third branch of our government. Law clerks are recruited to design the curriculum and teach these teachers about the Judiciary. The grand finale usually is a mock trial.

* Pre-law Program: We bring in professors from the United States to teach law courses and help prepare our law school applicants to successfully matriculate and graduate from law schools. This year we brought two former Deans from the University of New Mexico Law School, Professors Desiderio and Hart to help us with the 2005 pre-law program.

* Courthouse Tours: We have opened up our doors for young children to visit the courthouse. The visit usually occurs when court is in session. Question and answer periods are also allowed after the session to hear these students’ thought.

* Amendments to Court Rules: The bench and bar committees recently came up with recommendations to amend and update our existing court rules. It was a major undertaking and to date we have successfully amended:
– Rules of Evidence.
– Rules of Civil Procedure.
– Rules of Appellate Procedure.
– Rules of Admissions.
– Rules for Continuing Legal Education

Q. Why do you seek another term as Supreme Court chief justice?

On July 16, 2007, I would have served the Commonwealth of the Northern Mariana Islands for a total of eight years as its third chief justice. Being the youngest member of the American political family, the Commonwealth is still quite active in the development of its jurisprudence. The quality of work coming out of our courts is exceptional and is on par with what you see coming out of the other U.S. jurisdictions. Since I am still young by age in comparison to most of the other state chief justices, I feel I can still contribute and make this Commonwealth a better place to live in.

Q. What would you consider your major accomplishment as chief justice?

My major accomplishment as chief justice for the past seven years is the harmonizing of our energy as a branch and working together toward one goal—to make this Commonwealth the safest and most democratic place to live in. Accordingly, I would not attribute the volume of work that we have done in the judiciary as the product of my own efforts. What we have done prior to the termination of the 15-year probationary period when all appeals are directed to the U.S. Ninth Circuit Court of Appeals, are the work jointly of all the judges, staff and the justices in the Supreme Court. Since we are now a court of last resort, equivalent to the other states in the union after May 2004, we have taken our job even more seriously to ensure that our decisions are fair and legally justified.

Q. In your opinion, which among your decisions has had the greatest impact on the community, and how?

I have authored and joined in so many opinions during my time here on the bench in the Supreme Court. The opinions that I authored are again the joint efforts of two other justices. Since we are a court of last resort, all of our decisions set the policy to be followed in this jurisdiction and all are therefore of equal importance.

Q. How have you demonstrated the integrity and competence that are highly expected of someone in your position?

We are all living in a small island and know pretty much who our residents are. In order to effectively do my job and adhere to the oath I took, I try to avoid places and associations where I could be conflicted out in a case. Furthermore, I take all of my cases very seriously, regardless whether it involves a million-dollar claim or just a minor traffic offense, because every person or group appearing before this court is important to me and deserves to be treated fairly under the law.

Q. How do you handle a situation where someone attempts to unduly influence your decision on a case?

Our people are quite smart and understanding and fortunately I have not encountered a situation where someone would intentionally try and unlawfully influence me on a case which I am on. However, if I begin to sense that a sensitive topic is being discussed, I do my best to respectfully remove myself from the discussion.

* * *

DAVID WISEMAN
Associate Judge

Personal Background
Spouse: Faythe
Children: Amber

Educational Background
* Juris Doctor, Suffolk University Law School, Boston, 1968
* BS in Business Administration, Suffolk University, Boston, 1965
* Associate in Science in Business Administration, Newton Junior College, Newton ville, Massachusetts, 1963

Professional Background (abridged)
* Associate Judge, CNMI Superior Court, 2001-present
* Special Judge, Commonwealth Judiciary, 1995-2001
* U.S.-designated Judge, U.S. District Court of the NMI appointed by the 9th Circuit Court of Appeals
* Has been an attorney-at-law since 1983 to 2001
* Held various legislative positions, 1977 to 1982, 1987-1988, 1998-1999
* Was legal counsel to various government agencies in the CNMI
* Was member of government boards and commissions

Bar Membership
Supreme Court of the CNMI, 1989
Superior Court of the CNMI, 1979
Supreme Court of the United States, 1994
U.S. Court of Appeals for the 9th Circuit, 1987
U.S. District Court of the NMI, 1979
Palau Supreme Court, 1986
High Court of the Trust Territory of the Pacific Islands, 1979

Professional and Community Affiliations (abridged)
* Hotel Association of the Northern Mariana Islands, 1984-2001
* Saipan Chamber of Commerce
– Chairman, Armed Forces Committee
– Former board of directors member and chairman of Government Relations Committee
* Former member, Gov. Guerrero’s Council of Economic Advisors
* Member, American Bar Association
* Former member, American Trial Lawyers Association
* Member, National Association of Criminal Defense Attorneys
* Former member, International Association of Gaming Attorneys
* Member, World Jurist Association
* Member, Saipan Rotary Club

Publications

Gaming Law in America’s Newest Commonwealth, Gaming Law Review, Vol. 1, No. 1, 1997

Q. Why do I seek another term in office?

I am seeking another term as associate judge of the Commonwealth Superior Court because I truly enjoy the work I perform. Judges are the guardians of the temple of justice and carry with them the constant and challenging obligations of a very high order that requires the utmost care and attention. Such obligations have become a part of my everyday life, which I wish to continue.

When I ascended to the bench four years ago, I stated at the end of my term I would like to be able to look back and state that yes, I was able to contribute to the faith of the CNMI people in our judicial system and to their trust and character of those entrusted with authority. I can look back from this point and am pleased that I have so contributed and it is my true desire to continue serving the Commonwealth in my present as an associate judge.

Q. In your opinion, which among your decisions has had the greatest impact on the community, and how?

Because I issue decisions on a variety of issues, each type of decision impacts the community in a variety of ways and with varying levels of degree. Therefore, it is difficult to choose which decisions are superior in impact and influence to the CNMI community to others. The three major areas of law that come under my consideration in the Superior Court are Criminal, Immigration, and Civil cases. I have issued decisions within my criminal docket that strive to properly apply CNMI Law to appropriately deal with those who chose to break the law in sentencing and in bench trials, but I am also determined to preserve the Constitutional rights of all CNMI citizens when rendering decisions related to criminal procedure. The decisions I have issued in the immigration arena also impact the CNMI community greatly. Because illegal immigrants live in the CNMI in open defiance of our laws and rarely share the burden of paying taxes or contributing to a healthy society with CNMI citizens, it is important to strictly uphold the CNMI’s immigration code. Lastly, our Commonwealth is a young one, and for that reason our system of rules and code is still developing. The decisions I render within the civil section of my docket impact the CNMI significantly by interpreting the law to identify the intent of the drafters and apply it in a just and equitable manner, thus shaping its application for future cases.

Q. How have you demonstrated the integrity and competence that are highly expected of someone in your position?

When carrying out the duties of a judicial officer, integrity and competence are the cornerstones for maintaining the judiciary’s independence from the other branches of government. It is therefore imperative that I infuse these virtues in every decision I make inside and outside the courtroom. Inside the courtroom I have demonstrated integrity and competence by faithfully interpreting the laws of the CNMI to achieve their prescribed and just result. And my integrity in interpreting the law has naturally fostered competent application of the law. Outside the courtroom, I am keen to maintain my independence as an officer of the court.

Q. How do you handle a situation where someone attempts to unduly influence your decision on a case?

Attempts to unduly influence an officer of the court or any other branch of government are simply not tolerated in my courtroom. However, I handle each instance on a case-by-case basis. For example, I strictly avoid any attempts by a party or non-parties to communicate with me about the subject matter of a case that is pending before my bench. The judicial canon of ethics strictly prohibits such ex parte communication and each canon I follow to the letter. As cases of attempts of undue influence become more egregious, the seriousness of the consequences will similarly increase from issuing contempt orders to reporting serious violations to the bar, or even to the Attorney General.