Justices decline Senate’s request to preside over impeachment trial

Citing the absence of specific constitutional authority or directive, the CNMI Supreme Court has declined Senate President Jude U. Hofschneider’s (R-Tinian) request for Chief Justice Alexandro C. Castro or his designee to preside over the impeachment trial of Gov. Ralph DLG Torres.

Castro and associate justices John A. Manglona and Perry B. Inos informed Hofschneider in a letter Friday that taking part in the impeachment trial could encroach on the authority vested in the Legislature and disrupt the balance of power among the three branches of government.

“We choose to maintain this balance,” said Castro, Manglona and Inos in their response to Hofschneider’s request last Wednesday.

The justices further noted that they do not view the Senate impeachment trial as comparable to a civil or criminal proceeding.

“It is a uniquely legislative and political function that does not fall under the purview of the judicial branch under the NMI Constitution,” the justices said.

Last Jan. 12, with 15 “yes” votes, for “no” votes, and one abstention, the House of Representatives passed House Resolution 22-14, impeaching Torres for alleged commission of felonies, corruption, and neglect of duty, in violation of Article III, Section 19 of the CNMI Constitution. The impeachment resolution was transmitted to the Senate last Jan. 15.

Last Wednesday, the Supreme Court received Hofschneider’s letter, requesting Castro or his designee, “as approved by the Senate,” to preside over the impeachment trial.

In declining the request, Castro, Manglona, and Inos said that, unlike the U.S. Constitution, the CNMI Constitution does not mandate the involvement of a chief justice in an impeachment trial, so Castro will not preside over the impeachment trial nor will any other justice or judge be designated to do so.

They said in the absence of specific constitutional authority or directive, it would be inappropriate for the Judiciary, a separate branch of government, to concern itself in the internal affairs of another branch.

The justices noted that the framers of the CNMI Constitution clearly vested the power of impeachment in the legislative branch. They said the House has the authority to initiate impeachment proceedings by the affirmative vote of two-thirds of its members, and the Senate has the power to convict after hearing by the affirmative vote of two-thirds of its members.

“Absent constitutional directive, we will not take part of this impeachment trial,” the justices said.

Last Thursday, Hofschneider referred House Resolution 22-14 to both the Senate Committee on Judiciary, Government, Law, and Federal

Relations, and the Senate Committee on Executive, Appointments, and Government Investigations.

Hofschneider said he asked the two committees to prepare the Senate for the impending trial of Torres, which schedule will beannounced at a later date.