‘Hanging by a thread’

John A. Manglona

Earlier this year, the NMI Judiciary received the dismaying news that the Commonwealth government’s promise of American Rescue Plan Act money was hanging by a thread and that a substantial portion of the $14-million ARPA funding that was supposed to go to the Judiciary may not materialize.

That’s according to CNMI Supreme Court Associate Justice John A. Manglona, speaking at the House of Representatives Ways and Means Committee hearing Friday on proposed 2024 budget for the Judiciary.

So far, Manglona said, they have only spent 47% ($6.5 million) of the promised $14-million ARPA funding. That $6.5 million is just 1% of the $481.87 million in total ARPA that was awarded the CNMI.

“There is now a serious risk that many of our projects [that] we planned in reliance on the full [ARPA] award will not be completed,” Manglona said.

He said ARPA represented a very important promise to the Judiciary that they will be able to move forward and even improve their operations despite the hardships of 2021 and 2022.

As seen in their monthly reports on their actions, the Judiciary took this promise seriously and they rely on it, Manglona said, adding they have concrete plans for investment and the implementation of long overdue technology and facilities improvements.

“But little did we know that the four-year spending plan would only get to first base,” the associate justice said.

He said they have just concluded their 2018-22 strategic plan for the courts and will soon release their next five-year plan, which will address major areas for progress.

Manglona said their strategic plan is based on the input of stakeholders, including the Legislature.

All that input and planning will go into waste, though, without the necessary funding to put them into action, he said.

The associate justice provided some details on their important projects in three areas to show what they have achieved under the previous plan and what they still hope to achieve when they get the support they need.

First, he said, they are prioritizing technological and digitization advances.

In November 2022, the CNMI Judiciary became the first jurisdiction in the Pacific region to launch a comprehensive electronic recording or e-recording system, allowing users to file and record land documents entirely online. This, Manglona said, will assist commerce on the islands.

He added they are embarking on the new e-court case management system. This e-court system makes case information immediately available online for user access, increases processing speed and greater capability for the public to access filings.

Included in this e-court system project are e-citations and e-probation. Manglona said they are working in tandem with the Department of Public Safety on the e-citation project to truly get it off the ground on all three islands this time around.

“It’s an ambitious project, but necessary,” said Manglona, adding that they need to streamline the wait time between when an offender receives a traffic ticket and the ultimate disposition of that ticket or case in the courtroom.

He said they have already observed how e-courts system is streamlining case flow and digital record keeping and facilitating real-time access to court judgments, protective orders, and judicial decrees.

Manglona said they are continuing their efforts to digitize files dating back to the Trust Territory times. In 2022 alone, he said, their scanning team digitized over 400,000 pages of files and over 500,000 pages of audited files, which is a monotonous and tedious task for five staffers on Rota, Tinian, and Saipan.

Second, he said, they are investing in improvements to facilities. Manglona said they have made substantial progress on plans for a new Data Center Project at the Guma Hustisia to house and safeguard the Judiciary’s valuable equipment.

He said the Data Center Project, which is now at the final architecture and engineering design stage, will protect crucial technology infrastructure investments from damage associated with typhoons, flooding, and fire.

The associate justice said they need to make additional facilities improvements, including removal and replacement of the fire alarm system because they already got a warning from the Department of Fire and Emergency Medical Services and that they need to modernize their elevators.

Third, Manglona said, they have continued to focus on their most important resource, which is their staff. He said their “high quality and professional workforce” is necessary to maintain compliance with federal laws, such as Title Six of the Civil Rights Act, or the Americans with Disabilities Act.

He said they have continued to enhance services available to persons with limited English proficiency by updating their language access plan and policy, and holding workshops for court interpreters and staff.

Manglona said some federal funding has allowed a few of their staff at Drug Court and Mental Health Court to receive needed specialized training.

“But we continue to lose a number of our trained staffers to other government agencies offering higher salaries,” he said. The associate justice said they’re holding on to the promise of ARPA and local funding, and that there is much work yet to be done.

He said the Judiciary has made positive developments on technology, facilities improvement, personnel, and community outreach, but they won’t be able to accomplish much without the Legislature’s assistance.

Looking at the governor’s proposal of $316,590 for the Judiciary’s “all others” that was submitted to the Legislature, Manglona said this is not practical and unrealistic. He said the math says this is about $865 per day to operate the Saipan, Tinian, and Rota courts, the Drug Court and Mental Health Court.

“$865 a day. This is simply not the way to operate the third branch of government,” Manglona pointed out.

For fiscal year 2024, the Judiciary has requested $8.3 million for personnel, $1.1 million for “all others,” and $430,000 for utilities, for a total of $9.9 million.

The governor’s proposed budget for the Judiciary in fiscal year 2024 is $5.87 million for personnel, $316,590 for “all others,” and $300,000 for utilities, for a total of $6.4 million.

In fiscal year 2023, Public Law 22-22 allocated a $6.4-million budget for the Judiciary.