Lack of consultation irks PDO

Chief Public Defender Masood Karimipour has lamented the failure of the Legislature and the Office of the Governor to consult the Public Defender’s Office and avail of their expertise on issues affecting the criminal justice system.

Even the Prison Task Force, he said, has not tapped the PDO in drawing up plans for a new prison just to make sure that lawyers would be able to have easy access with their clients when it is finally completed.

“What is the use of spending millions of dollars if the most fundamental constitutional principle that apply to corrections will not be observed?” asked Mr. Karimipour.

The Prison Task Force has unveiled the blueprint for a new prison facility in Susupe and a juvenile detention in Kagman budgeted at over $22 million, which the CNMI government will construct by next year.

At present, PDO cannot even hold a decent consultation with their clients in the prison facility since there is no room available that will allow them to have some privacy with the defendants. Most of the time, Mr. Karimipour said they have to request for meetings with their clients outside of the Division of Corrections within the compound of the Department of Public Safety under the scorching heat of the sun.

“We are made to go through a lengthy procedure just to see our clients. Given the number of cases that we are holding right now, we do not even have the luxury of time to sit around and wait for our clients. When we cannot talk to our clients, it slows down the court schedule and the entire judicial system,” he said. At DOC, Capt. Johannes Ngiraibuuch has been giving lawyers a hard time in allowing them to consult with their clients which is a violation of the constitutional rights of the accused, he added.

“Those prisoners can go to court and ask that their cases be dismissed because their right to consult with their lawyers has been hampered, thus, affecting their right to liberty,” he added.

The Public Defender’s Office also noted its frustration when the Attorney General’s Office brought to the Legislature a 500-page legislation consisting of 100 different statutes which would overhaul the Criminal
Code of the Northern Marianas.

Mr. Karimipour claimed that the AGO insisted on its immediate passage in one sweep and not to make any amendments since it was a product of long-time research and hard work.

“They (AGO) went to the public hearing without inviting anybody from our office so we asked the Legislature not to pass it. It is not just an ordinary document, it will completely affect the life and liberty of the CNMI residents for generations,” he said. A year after, the AGO had asked the Legislature for the deferment of its passage.

The Public Defender’s Office is hopeful that the AGO under the leadership of Attorney General Herbert Soll will at least open avenues for consultation particularly on issues that will affect the CNMI’s judicial system.