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<\/p>\nThe CNMI Judiciary has written to the Legislature expressing concerns about a section on the House Budget Appropriations Bill for Fiscal Year 2025 that prohibits the Judiciary from using funds to hire judge pro temps.<\/p>\n
Last Tuesday, Chief Justice Alexandro C. Castro wrote to Senate President Edith DeLeon Guerrero (D-Saipan) and House Speaker Edmund Villagomez (Ind-Saipan) expressing concerns regarding Section 703(e) of the House Budget Appropriations Bill for Fiscal Year 2025\u2014House Bill 23 -115 HD1\u2014as it essentially prohibits the Judiciary from using its funding to hire judge pro temps.<\/p>\n
Judge pro temps are judges appointed to serve temporarily when there is no sitting judge to available to hear a case.<\/p>\n
\u201cWe write to express serious concerns regarding Section 703(e) of the House Budget Appropriations Bill for Fiscal Year 2025 which prohibits the expenditure of any funds, including those obtained from outside sources, for costs related to judges or justices pro tempore. This prohibition encompasses salaries, travel, lodging, and other necessary expenses,\u201d said Castro.<\/p>\n
The chief justice explained that Section 703(e) threatens the impartiality and efficiency of cases in the Commonwealth.<\/p>\n
\u201cThe Senate Committee on Fiscal Affairs has amended this section to allow expenditures relative to any cases being conducted remotely by electronic means. Even with this exception, Section 703(e) threatens the impartiality and efficiency of cases before the courts of the Commonwealth. Section 703(e) directly contradicts Article IV, Section 9 of the Commonwealth Constitution, which grants the chief justice the authority to designate, as needed, active or former justices or judges from the Commonwealth or certain other jurisdictions to serve as pro tempore justices or judges. This provision is essential to ensuring the continued and efficient operation of the courts, particularly when regular judges are unavailable or have conflicts of interest,\u201d he said.<\/p>\n
In addition, Castro said this prohibition prevents the Judiciary from exercising its constitutional authority.<\/p>\n
\u201cBy eliminating funding for judges and justices pro tempore, Section 703(e) effectively prevents the Judiciary from exercising this constitutional authority. Without the ability to pay or cover expenses for judges pro tempore, the courts will be unable to address case backlogs or handle matters in which regular judges are disqualified. This will severely impede the administration of justice and deny timely resolution of cases to the people of the Commonwealth,\u201d he said.<\/p>\n
Ultimately, Castro argues that the prohibition in Section 703(e) undermines a critical judicial function and violates the constitutional mandate that empowers the chief justice to appoint judges and justices pro tempore.<\/p>\n
\u201cIt places the Judiciary in a position where it cannot fulfill its duty to provide justice in a timely and efficient manner. We respectfully urge the Legislature to reconsider Section 703(e) and to ensure that the Judiciary retains its ability to appoint and compensate judges and justices pro tempore. This is necessary to uphold the constitutional framework and maintain the effective functioning of our courts,\u201d he said.<\/p>\n
In relation to this concern, Castro also raised another concern regarding current funds available in the Justice Center Fund<\/p>\n
\u201cAdditionally, Section 707\u00a9 of the House Budget Appropriations Bill for Fiscal Year 2025 remits $641,011 to the Second Senatorial District from the current funds available in the Justice Center Fund, and the remaining funds to the Department of Public Safety,\u201d he said.<\/p>\n
The chief justice asks that the Legislature maintain the removal of the language that remits the funds in this account to DPS and the Second Senatorial District.<\/p>\n
\u201cHowever, the Senate Committee on Fiscal Affairs has removed this language. The Judiciary respectfully asks that the removal of this language be maintained in the Fiscal Year 2025 budget. In recent years, the Judiciary has established treatment courts such as Drug Court and Mental Health Court Docket and is in the process of exploring the creation of a Veterans Court. The evolving needs of these treatment courts demand more space, which the Justice Center Fund can support. Importantly, the funds in this revolving account are not limited to Saipan and the Judicial Branch; they will also be used to construct a new courthouse on the island of Tinian, as well as make improvements to the Rota Centron Hustisia, and to support the construction of new facilities for the Executive Branch\u2019s Office of the Attorney General and the Office of the Public Defender,\u201d said Castro.<\/p>\n
Ultimately, if these funds are remitted and depleted, Castro says it is unclear when, if ever, important court initiatives can move forward.<\/p>\n
<\/p>\n
Alexandro C. Castro<\/p>\n","protected":false},"excerpt":{"rendered":"
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