Miguel S. Demapan is the Chief Justice of the CNMI Supreme Court.

[B]By MIGUEL S. DEMAPAN[/B] [I]Special to the Saipan Tribune[/I] [I]Editor’s Note: The following is the State of the Judiciary Address delivered by CNMI Supreme Court Chief Justice Miguel Demapan to a joint session of the 16th Commonwealth Legislature in the House of Representatives chamber on Capital Hill July 11, 2008. It is being published as a series due to its length.
[/I] It is a great honor and privilege to be invited to deliver the State of the Judiciary Address to a joint session of the Commonwealth Legislature. I once again thank the leadership and members of the Sixteenth Legislature for this opportunity to better inform you and our people on the challenges and progress facing your judiciary under these trying economic times. Last year I highlighted the importance in having a dialogue with the other two political branches of our government since we all share the same goal of working for the common good of the people of this great Commonwealth.

Having said that, please allow me to inject my views on the economic realities we are now facing. Our Commonwealth is undergoing one of the most unusual economic transformations in its political history. With all due respect to our current Commonwealth leaders from all branches, the reality is that we are in a deep economic depression, the likes of which are unparalleled since we obtained self-government. The effect and toll on our islands and people are catastrophic and serious. Our people are now moving elsewhere in search for a better place to feed and house their families. The employment situation on our islands is so severe that it is more often than not the main topic of conversations everywhere. For most of our people, the economy is a cause for concern and also the source of a lot of stress in our Commonwealth. However, despite these hard times, we cannot just give up. Together we can combine our energies to find a solution to these daunting problems. Finding the vigor to revive this economy should be the priority of all our leaders. I stand before you as a representative of your judiciary to assure you all, that in as much as you are trying your best to help us during this economic dilemma, the judiciary will always do its utmost to ensure that the rule of law and the spirit of good governance, so essential to a healthy economy, will continue to be our beacon of hope. While there are people around our islands and region that would say that our Commonwealth is down and out, I beg to differ with them. This Commonwealth, at her inception, was also full of pessimists. Skeptics said that it was impossible for the islands of Tinian, Rota, and Saipan to coalesce and work as one. They said that the interests of the different islands were so unique that this so called “Commonwealth government” was doomed to fail. While we truly respect those nay sayers and their opinions, the failure that they predicted is one thing we have not seen. In fact, throughout the more than 30 years of our Commonwealth existence, the Northern Marianas has shown the world that it could in fact stand among its equals and assume its responsibility of self government.

But the path toward self sufficiency and true self government will not come so easy. We are now learning the hard way. Outside forces, whether they are political or economic, could dampen our strong aspirations toward a full realization of self-sufficiency. We are learning now that these forces, over which we have no control, can intervene at any time and redirect our focused energy of commitment to the welfare of our people to that of a “scattered ray of light,” with not much impact on the lives of our people.

The political effects and ramifications of the events of September 11th were severely felt here on our distant island shores. After the attack on the United States, stringent homeland security laws and regulations were put in place to protect our fellow American citizens. With that came immigration and travel policies that we did not see prior to 9-11. Our allure as an easy access to warm sun and beautiful blue oceans dramatically changed into a tourist destination with lots of travel restrictions and check points. Having no control over these political forces, we can only sit back and let the power players in our nation’s capitol find the best solution to the security of all of the United States and our people here in the Northern Marianas. As a member of the American political family, we have no choice but to stand in solidarity with our fellow citizens.

Market forces exerted from outside the Commonwealth also played a pivotal role in the abrupt decline of our economy. The Commonwealth, as you all know, is too dependent on foreign oil to fuel the engines needed to provide electricity to our people. The gate valves to increase or decrease oil production are not within our control. As a tiny jurisdiction with limited consumption capacity, our price negotiating power is largely ineffective. Again, we sit hopelessly as OPEC, speculators on the futures markets, and other major economic powers debate about the direction of oil prices on a daily basis.

Now, you might all be wondering, why is the Chief Justice speaking to us about the economy and politics of world market forces? I am speaking to you today because I want you to know that your concerns are also in the minds of everyone. These problems are on the daily agenda of our families at the dinner tables or at friends’ gatherings. These issues are also discussed in the courts, as families or couples have disputes over their ability to pay the CUC, or to find other ways to make up delinquent child support or small claim payments. These issues are also in my mind as I struggle each day, wondering how am I to address the people who might have to be let go when the time comes for me to tell them that we have reached the bottom of the government money basket. To end my point on economic and political forces, I say to all of you, our leaders, that we share your concerns and thoughts, and together by joining hands, by debating these issues publicly, we all could come up with an economic stimulus plan to revive our sagging economy.

I appeared before you last year at a time when we were all beginning to feel the pinch from our declining revenue. Now, I am here again, and the economy is nowhere close to a recovery. In fact, and to borrow a phrase, “the light at the end of a tunnel is actually a train heading our way.” It is my hope today to provide you with my understanding of the work we are doing within the judicial branch to assist with the Commonwealth’s financial crisis. Along the way, I will highlight to you the progress we have made this past year and our plans for the future. These accomplishments would not be possible without your continued support, assistance, and understanding of the core mission of the judiciary.

Let me reiterate that we are fully cognizant and sensitive to the ongoing financial crisis befalling our Commonwealth. As we speak, I want to reassure all of you in this chamber that all of us in the judiciary – the justices, judges, and staff who are here listening today and those who are still in the courtrooms throughout our Commonwealth, know that we have a serious financial crisis in our Commonwealth government.

Let me reiterate, it should be exceptionally clear to all our people and to the leaders of the Commonwealth, that the judiciary is doing everything within its power to carry and share the pain you are all facing today. As we struggle under this economic climate, the Judiciary is prepared to commit to this “Commonwealth Sacrifice” and will strive to do more with fewer resources, but we will not, I repeat, will not, sacrifice to the point where we will have to compromise our oath and sworn commitment to take every step necessary to ensure full access to justice for our citizens, who are also your political constituents.

This coming fiscal year, I have submitted a budget request for $5,311,249. Although that is the necessary amount for us to effectively carry out our duties and responsibilities under the laws of both the United States and Commonwealth, I will ask that no more than 10% of the Judiciary’s budget be reduced. This will mean fewer people and less resources for the upcoming year. I have made it clear that there will be no pay increases in the judicial branch. And even if we see a need to increase our operational budget, we will remain within the budgeted limit.

The budget we are requesting will be used to provide the necessary services for ongoing projects and maintenance costs. We do not request anything more than what we think we need, and will hope that what we are requesting will be sufficient, and that no current services that we provide will be left to suffer. We are now operating at the strictest expenditure level compared to other branches of government, and rest assured that we will run our operation as if it were a corporation. The savings from this frugal operation will result from delayed hiring, purchase curtailment, and the continued effective use of technology for a paperless office.

This is not new for the judiciary. We are used to operating with a low budget. Throughout my term, the judiciary has never requested a supplemental appropriation because of over expenditures or budget deficits. We have been consistent in living within our means and budget. And we live on only 2% of the total budget for the Commonwealth. This is a big challenge and we will continue to stand in unity with you in finding ways to save this government money.

We are aware of the challenges facing our legislature. Having said that, I would like to caution this honorable body, that we are reaching the ceiling of cuts for the judiciary. Any further cuts will truly affect our core mission – to provide justice to all people before us. If the court is closed on Austerity Fridays, access to justice is not possible. The rule of law will begin to break down. Just remember, it is you the Legislature that keeps us busy down at the courthouse. You enacted these laws that you require us to interpret and apply, from serious felonies, to misdemeanor and traffic offenses. Cases range from domestic violence, substance abuse and drug trafficking, divorce and separated families, juvenile delinquents, child support to needy children, workers compensation, and all other societal issues. You have mandated us to serve all of these people because they are your constituents. And rightfully so!

[B][I]To be continued.[/I][/B] [I]Miguel S. Demapan is the Chief Justice of the CNMI Supreme Court.[/I]