SB 16-26: Penny wise and pound foolish?

The Committee for an Independent Judiciary of the CNMI Bar Association is gravely concerned regarding the proposed reduction in judicial salaries contemplated in Senate Bill No. 16-26, SD1.

The American system of justice under which we operate recognizes as fundamental to democracy that government be run by three separate branches, the executive, legislative, and judicial. The role of the judiciary is to uphold the rule of law separate from politics or personal morality. The bedrock of an ordered society is the rule of law, and it extends not only to self-government but also as the foundation for personal and economic development. The protections of the rule of law, however, only go so far as their enforcement by the courts. An independent judiciary, therefore, is essential to the CNMI and its families and citizenry.

The NMI Constitution charges the CNMI judiciary with ultimate authority over the life, relationships, freedoms, rights, duties, and properties of our people. Indeed, beyond the power judges and justices hold over our familial and personal lives, our economy is dependent upon investor confidence that disputes will be tried by a judiciary that is competent and free from improper influence. We as a society must ensure that the people who we choose to serve as judges and justices are of the highest caliber and greatest integrity possible.

Simply stated, the Committee believes it to be of the utmost importance to ensure that our judges and justices come only from only the highest echelons of our membership. We also believe that any private practicing attorney who has served long enough to be seriously considered for a judgeship or justiceship would necessarily take a significant pay cut in order to accept the position. To cut the salaries further will not result in significant savings for the CNMI and will send the wrong message; a message that the Commonwealth is not committed to seating only the highest caliber lawyers on the bench. Indeed, it is our understanding that the Judicial Branch of our government, one of the three co-equal branches, only receives about two percent of our government’s operating expenses. Cutting the Judiciary’s budget further is not the place to start.

We understand that there is a public perception that, compared to other CNMI Government employees, judicial salaries are high. However, this is not the appropriate measure. The appropriate measure is whether judicial salaries ensure our shared goal of providing superior quality judicial services to the people of the Commonwealth. The Legislature must remain cognizant of the competitive market forces that will usually determine whether a qualified attorney is willing to accept a judicial seat rather than remain in private practice. Judicial salaries must be sufficient to attract the most highly qualified members of our profession, not send a message that only mediocre attorneys can afford to serve.

We also recognize that the CNMI Government has some extremely difficult decisions to make in facing the present budget crises. We are all struggling in these difficult economic times. We believe, however, cutting judicial salaries to be a “penny wise and pound foolish” decision. The people and economy of the CNMI deserve adjudicators only of the highest qualifications and integrity and the CNMI Government should remain committed to that proposition by continuing to pay the present salaries.