Babauta: Name Dela Cruz to NMI’s legal team for planned 902 talks

Sen. Celina R. Babauta (D-Saipan) is urging Gov. Arnold I. Palacios to consider appointing retired CNMI Supreme Court chief justice Jose S. Dela Cruz as a member of the Commonwealth’s legal team for the planned 902 talks between the CNMI and U.S. governments.

In a letter Tuesday to Palacios, Babauta said that Dela Cruz’s “expertise, experience, and dedication will be invaluable assets in securing a fair and beneficial agreement for the CNMI and its future generations.”

The senator recommends appointing Dela Cruz as a member of the CNMI legal team, if not the lead counsel, for potential 902 talks with the U.S. government, should Palacios pursue the consultative discussions with representatives of the U.S. president pursuant to Article 11, Section 902 of the Covenant to establish a Commonwealth of the Northern Mariana Islands.

The Covenant provides for the 902 Talks every 10 years.

Babauta said the 902 talks hold immense importance for the future of the CNMI and that securing a favorable outcome requires a team with exceptional legal talent, negotiation expertise, and a deep understanding of the CNMI’s unique position.

“Chief Justice Dela Cruz embodies these qualities and would be a great asset to your 902 legal team,” the senator told Palacios.

At these consultative discussions, Babauta said, the CNMI needs to focus on key issues affecting the Commonwealth now and in the near future, and which would require either U.S. congressional action, federal agency regulatory actions, amendments to existing laws and regulations, or presidential executive orders.

She said the 902 talks represent a pivotal moment for the CNMI’s future, and having the best possible legal representation is crucial.

The senator said Dela Cruz’s extensive experience in the legal system, coupled with his deep understanding of the Covenant relationship between the CNMI and the U.S., positions him uniquely to contribute to the negotiations.

Babauta chairs the Senate Judiciary, Government and Law Committee and Senate Committee on Executive Appointments and Government Investigations.

During Dela Cruz’s legal career, he presided over landmark cases with significant implications for the CNMI’s legal landscape, including those related to immigration, federal preemption, and the Covenant relationship. Babauta said Dela Cruz’s deep understanding of the CNMI’s legal and political framework will be crucial in navigating the complexities of the 902 negotiations.

“With over two decades of service on the CNMI Supreme Court, including nine years as chief justice, he possesses a profound understanding of both federal and Commonwealth law particularly, the Covenant, that is unmatched,” she said.

Last Oct. 24, the CNMI Senate unanimously adopted Senate Joint Resolution 23-05, which Senate President Edith E. DeLeon Guerrero (D-Saipan) had introduced, to ask U.S. President Joe Biden and Palacios to consult on a number of subjects, as provided in Section 902 of the Covenant that established the CNMI’s relationship with the United States. The House of Representatives adopted the resolution last Nov. 6.

Palacios agreed in an earlier interview that it’s time to convene 902 Consultations between the CNMI and the U.S.