Judiciary’s concerns with FY 2025 budget

Dear Madame President and Mr. Speaker,

We write to express serious concerns regarding Section 703(e) of the House Budget Appropriations Bill for Fiscal Year 2025, which prohibits the expenditure of any funds, including those obtained from outside sources, for costs related to judges or justices pro tempore. This prohibition encompasses salaries, travel, lodging, and other necessary expenses. The Senate Committee on Fiscal Affairs has amended this section to allow expenditures relative to any cases being conducted remotely by electronic means. Even with this exception, Section 703(e) threatens the impartiality and efficiency of cases before the courts of the Commonwealth.

Section 703(e) directly contradicts Article IV, Section 9 of the Commonwealth Constitution, which grants the Chief Justice the authority to designate, as needed, active or former justices or judges from the Commonwealth or certain other jurisdictions to serve as pro tempore justices or judges. This provision is essential to ensuring the continued and efficient operation of the courts, particularly when regular judges are unavailable or have conflicts of interest.

By eliminating funding for judges and justices pro tempore, Section 703(e) effectively prevents the Judiciary from exercising this constitutional authority. Without the ability to pay or cover expenses for judges pro tempore, the courts will be unable to address case backlogs or handle matters in which regular judges are disqualified. This will severely impede the administration of justice and deny timely resolution of cases to the people of the Commonwealth.

The prohibition in Section 703(e) thus undermines a critical judicial function and violates the constitutional mandate that empowers the Chief Justice to appoint judges and justices pro tempore. It places the Judiciary in a position where it cannot fulfill its duty to provide justice in a timely and efficient manner. We respectfully urge the Legislature to reconsider Section 703(e) and to ensure that the Judiciary retains its ability to appoint and compensate judges and justices pro tempore. This is necessary to uphold the constitutional framework and maintain the effective functioning of our courts.

Additionally, Section 707(c) of the House Budget Appropriations Bill for Fiscal Year 2025 remits $641,011 to the Second Senatorial District from the current funds available in the Justice Center Fund, and the remaining funds to the Department of Public Safety. However, the Senate Committee on Fiscal Affairs has removed this language. The Judiciary respectfully asks that the removal of this language be maintained in the Fiscal Year 2025 budget.

In recent years, the Judiciary has established treatment courts such as Drug Court and Mental Health Court Docket and is in the process of exploring the creation of a Veterans Court. The evolving needs of these treatment courts demand more space, which the Justice Center Fund can support. Importantly, the funds in this revolving account are not limited to Saipan and the Judicial Branch; they will also be used to construct a new courthouse on the island of Tinian, as well as make improvements to the Rota Centron Hustisia, and to support the construction of new facilities for the Executive Branch’s Office of the Attorney General and the Office of the Public Defender. If these funds are remitted and depleted, it is unclear when, if ever, these important initiatives can move forward.

Thank you for your attention to this matter. We are confident that we can work together to address this issue in a way that ensures the continued administration of justice in the Commonwealth.

Si Yu’us Ma’ase and Olomwaay,

Alexandro C. Castro

Chief Justice

Roberto C. Naraja

Presiding Judge

Letter to the Editor