Appoint and confirm a judge

It has been over three months since CNMI Supreme Court Justice Marty Taylor announced his official retirement from the bench. Since that time, no successor has yet been appointed. The vacated judicial post, one of the highest responsibilities in the commonwealth, essentially remains open . . . temporarily filled by Judges Manglona and Lizama.

But this is not a position to be temporarily filled, like some office clerk or errand boy. We are dealing here with nothing less than the proper application of the law and the swift administration of justice. It is imperative that a new judge be appointed and confirmed just as soon as possible.

While Governor Tenorio already faces so many pressing problems, he nevertheless should not allow such an important post to remain open. Money should not be an issue, either. After all, we are dealing here with the courts–with our very system of justice. We should not delay a judicial appointment merely to save money. The law of the land is just too important for cost savings–for the mere price of a judge’s salary.

Much of the law is judge-made law: law established through the principle of precedents, through the practice of judicial discretion. A judge has to seriously consider legislative intent, interpret the constitution, heed history, tradition, and culture. A judge must look to case law and to common law, and apply reason throughout.
There is no fix formula for rendering decisions, for making law. A combination of interacting influences and issues must always be carefully weighed, balanced, and judiciously applied.

We need the intelligence, character and judgment of a good magistrate. The sooner a new judge is appointed by the governor and confirmed by the senate, the better off we will be. Exceptional attorneys like John Beihl and Eric Smith are already waiting in the wings, eager to serve our commonwealth. We must not delay any further.

Eric Smith, for example, supported this administration. He and his wife Rhoda campaigned hard for the Teno Peppero administration. There can be no doubt as to their party loyalty.

Mr. Smith is a long-time CNMI resident. He is familiar with the CNMI’s culture and historical development. He has a Spanish educational background and has successfully prosecuted many criminal cases in the state of California’s attorney general’s office.

Why must we wait further?

Appoint and confirm a judge.