336. Happenings at Guma Hustitia

Tomorrow, the state memorial for former Justice Marty W.K. Taylor.
Friday and Saturday, the CNMI high schools' Mock Trial Competition.


Both events serve important purposes.

One--to remember a man who worked for a long time in the legal field and served as Public Defender, an Associate Judge on the Superior Court, and an Associate Justice at the Supreme Court.

He wasn't perfect. He wrote some horrible opinions, like the lower court ruling in Ada vs. Sablan, adhering to the archaic common law that women were merged into their husbands and had no interest in property bought during the marriage, so that the wife in the case would get none of the land purchased during the marriage. The case was overruled on appeal, and it seemed fairly clear that then-Judge Taylor had intentionally written a decision that required action as a means of bringing the matter to a head. Eventually, the Legislature did act to reform the law and passed a marital property act. But it was a risky and unjudicious method to make an outrageously unequal decision to achieve that end.

He also had some more cavalier moments on the bench and in his personal life, some endearing and some offensive. He also made some very good judicial decisions and had a good understanding of the community.

And he had a sense of humor.

What is important now is to realize that our justice is in the hands of men and women who aren't perfect, but who, nonetheless, work at doing what is right. And Marty Taylor, for all his contributions and imperfections, for his effort, for his successes and his failures, should be remembered and honored.


2. Our students are just starting their lessons in life. The mock trial competition gives them an opportunity to learn about how trials are conducted, how testimony is elicited with questions, how tangible objects and documents are introduced and used at trial, and how objections are made to keep out irrelevant and unfair matters.

The competition gives them a chance to see how their individual skills can be used in an adversarial process. The way the competition is set up also forces them to look at both sides of the case, and take turns advocating each side of prosecution and defense.

While some schools act as if the competition is about winning, the better schools actually treat the competition as a tool for teaching. Students get a chance to realize having a lawyer is important for access to justice, at least in our system. And they begin to understand their own strengths and weaknesses in working toward that end.

237. On Judicial Salaries

Senator Frica Pangelinan has introduced a bill that would reduce by 10% the salaries of our Supreme Court Justices and our Superior Court Judges.

The Supreme Court Chief Justice has written in opposition.

Chief Justice Miguel Demapan.

So has the Board of the CNMI Bar Association.

A few comments are in order:

1. The members of the CNMI Bar Association did NOT come out against the legislation. We didn't get to vote. The Board make a quick decision without even telling us, wrote the letter to the newspapers, and we ordinary members of the Bar Association found out about the position at the same time as everyone else.

The decision does not represent the opinion of THIS member of the Bar Association, and I know many other lawyers who do not agree with the opposition to the judicial salary cut.

2. The judicial salaries in the CNMI are ridiculously high. Judges and Justices in some U.S. STATES make less. Our CNMI is about the size of a medium-sized satellite community to a larger urban area. It simply makes no sense to be paying our judges and justices such high salaries, especially in light of our current economic situation.
Associate Justices Manglona and Castro.

3. Judicial independence is important. The Judiciary needs to be in control of its own budget. Judicial salaries need to be sufficient so that the evil temptress of bribery and corruption doesn't find an open door.

But will a 10% salary cut take away the judiciary's budget control? No, not anymore than having the fixed salary that presently exists interferes with the judiciary's control and independence.

Will a 10% salary cut make our judges and justices entertain bribes and corruption?

CNMI Superior Court Judges

If a salary is too low that a public official can't provide for his or her family on it, then it invites bribery and corruption. This is sometimes the problem in setting police salaries. But for these judges and justices, that's not a problem. They'll still be earning more than $100,000/annum. And if a 10% cut does invite bribery and corruption for any, those judges and justices should be impeached. To be truthful, any judge or justice who will consider bribery and corruption at a salary 10% lower than present will also consider bribery and corruption at their present salary, because to those easily susceptible to bribery and corruption, no amount of income is ever enough.

4. Here's another important point: The law will NOT immediately reduce any judge or justice's salary. It cannot constitutionally go into effect until the judge or justice's start of a new term. This means that those remaining on the Bench will have time to prepare for the downward adjustment of their salaries. They can save and plan for the small bite this will take from them.

5. The 10% isn't going to mean a lot to the CNMI coffers--less than $100,000/annum. But it will make for a more equitable distribution of the brunt of economic hardship we're all facing. And possibly make for betting judging from the bench.

It's simply impossible for judges and justices who have such cozy salaries to realize what life is like for those at the bottom rungs of our economy. I represent poor people. Poor people have a lot of legal issues. I have clients who walk to court because they have no cars, and they may be admonished if they're late. I have clients who can't afford child care, but there's no sympathy for a crying child in a courtroom. I have clients who can't call in when they're too sick to show up because they don't have telephones, but their absence may mean that a bench warrant for their arrest is issued. I have clients who owe money facing these highly paid judges who order the poor to pay $10 / month on debts, on the theory that they SHOULD pay what they owe. Of course they should pay what they owe, but in reality that $10 is coming from money they NEED for food, clothing, shelter, utilities, and medicine.

Sorry, but ask what kind of justice are poor people getting from such high-paid officials, out of touch with the realities of hardship. Certainly the stack seems weighted in favor of the HAVES, rather than the HAVE-NOTS.

And it's just OUTRAGEOUS that our judges and justices are not willing and eager to help our sinking government by taking a small pay cut, that still leaves them earning more than $100,000/annum.

120. While I Was Away...

While I was away enjoying vacation, MLSC was busy!

Our executive director, Ben Tured, worked with former MLSC attorney Chuck Greenfield, who is now program director at Hawaii Legal Aid, and convinced the LSC Board to allow Legal Aid programs across the U.S. to represent Micronesians.
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In the past, only MLSC could represent Micronesians, even if the Micronesians were living in the U.S., entering pursuant to the rights negotiated in the Compact of Free Association. This meant that Micronesians living and working throughout the U.S. who needed any legal help, and who were poor enough to qualify for free legal aid, still couldn't get help from their local legal aid organizations because they hadn't been admitted to the U.S. under the Immigration and Nationality Act, the portal to benefits. And MLSC limited help to those Micronesians living in the CNMI, Palau, FSM and Republic of Marshall Islands, because that's where we have attorneys and that's where our attorneys are licensed to practice. We just never had a budget that would allow us to represent people all over the U.S.!

Now (well, actually, in October 2007) Micronesians will be treated the same as all legally admitted residents of the U.S. for purposes of getting free legal help. They can qualify for benefits if they meet the other program requirements, where ever they live.

It's all about access to justice.

Way to go, Ben and Chuck!