The Judicial Retention Election explained

By Alexandro Cruz Castro
Special to the Saipan Tribune

Friends, relatives, and other persons have approached me at rosaries, novena parties, and other gatherings and inquired about justices and judges being on the ballot for the upcoming November election. Because of time constraints, friendly interruptions from persons around me and the person asking the question, I may have poorly explained the process. I’ve decided, therefore, to respond to those frequently-asked questions this way.

1. Introduction

In November 2005 General Election, the People of this Commonwealth (through its registered voters) will decide the following:

* Whether Chief Justice Miguel Sablan Demapan should continue to be the Chief Justice of our Supreme Court for another eight years;

* Whether Associate Justice Alexandro Cruz Castro should continue to be an Associate Justice of our Supreme Court for another eight years; and

* Whether Associate Judge David A. Wiseman should continue to be an Associate Judge of our Superior Court for another six years.

This process, giving the people the “ultimate authority” to extend justices’ or judges’ term of office, is called the Judicial Retention Election.

2. Why do we have Judicial Retention Elections in the CNMI?

In 1977, the Tenth Northern Marianas Commonwealth Legislature “passed” and the voters “ratified” House Legislative Initiative 10-3, which amended Article IV of the CNMI Constitution dealing with the Judicial Branch of the CNMI government.

As a result of the amendment, a justice of the Supreme Court or judge of the Superior Court is initially appointed by the governor, with the advice and consent of the Senate, for a term of eight years for a justice and six years for a judge. At the general election immediately before the end of a justice’s or judge’s term, the people of this Commonwealth (through its registered voters) decide whether a justice or a judge should remain in office for another term.

3. How do I vote on whether a justice or judge should be retained (kept in office)?

On the same ballot as other candidates running for public office, the following question will be presented to the voters in the English, Chamorro and Refaluwasch languages:

“Shall Justice/Judge ____________of the Supreme/Superior Court be retained in Office?

___Yes___Hunggan____Awar [or] ___No___Ahe___Saabw

4. Should I re-examine “qualifications” of a justice or judge?

No. In judicial retention elections, voters should look for qualities of a justice or judge.

In the initial appointment and confirmation process, the governor must determine and the Senate must verify a judicial nominee’s qualifications. The minimum qualifications include: (1) being 35 years of age or older; (2) U.S. citizenship or standing as a U.S. national; (3) no felony convictions or convictions for a crime involving moral turpitude; (4) residence in the N.M.I. for at least 5 years before the appointment; and (5) a member of the NMI Bar for at least five years before appointment.

5. What qualities should a justice or judge possess?

Justices or judges must possess many qualities including integrity, fairness, and a thorough understanding of the law. It is also important that justices and judges treat all people with dignity and respect. In addition, justices and judges should be diligent, hardworking and decisive.

6. How do I know that a justice or judge possess these qualities?

In some jurisdictions justices and judges receive a “public report card” from the bar association. Here, we do not have such a requirement. Therefore, it is advisable to speak to attorneys and other persons in the community. And, of course, you should consider your personal experience with a justice or judge inside and outside the courtroom.

7. So where can I find additional information about a justice or judge?

You may find background information on each justice and judge on the CNMI Judiciary website http://www.justice.gov.mp. You may also look at published opinions and decisions at the same website or at the Law Revision’s website http://www.cnmilaw.org. If you do not have access to a computer, please call the Court at 236-9700 to discuss access to these materials.

8. Is a justice or judge free to publicly comment on legal or political issues?

No. To preserve impartiality and the fair administration of justice in the CNMI, the Code of Judicial Conduct strictly limits a justice’s and judge’s public comments. Among other things, the Code prohibits justices and judges from making pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office.

Moreover, justices and judges are prohibited from announcing views on disputed legal or political issues and should not take a position on legal issues likely to come before the Court. The Code also prohibits justices and judges from commenting about a pending or impending proceeding in any Court.

9. Should I base my decision on a justice’s or judge’s ruling in a particular case?

No. A voter should consider more than the outcome of one case when deciding whether or not to retain a justice or judge. One case alone is not necessarily an accurate measure of a judicial career. Justices and judges are called upon to make difficult decisions every day.

Remember that justices and judges took an oath to follow the rule of law. This rule is designed to give the law order and predictability. It also helps ensure that outside influences or personal whims do not enter into judicial decision-making. A decision rendered according to the rule of law may lead to an unpopular result.

10. Has a justice or judge ever been retained or voted out of office?

Yes. Since the effective date of the constitutional amendment in 1978, three judges of the Superior Court went through the Judicial Retention Election process. Two judges were not retained. The third judge received a majority of the “yes” votes, and was retained for another six-year term.

11. Am I required to vote for all of the justices and judges on the ballot?

No. A voter has a choice to vote for all three, any one of the three, or none of them. Because every vote counts in an election, it is highly recommended that you make yours count.

12. What is the difference between the chief justice and associate justice, presiding judge and associate judge?

The chief justice of the Supreme Court and presiding judge of the Superior Court handle the “administrative” matters of their respective courts. They are the administrative heads of the Judiciary. Associate justices and associate judges handle cases assigned to them by the chief justice and presiding judge.

(Alexandro Cruz Castro is an Associate Justice of the Northern Mariana Islands Supreme Court.)