From Santa Clara to the Supreme Court

Mia Giacomazzi

In January, Santa Clara received with open arms a visit from one of the most distinguished SCU Law School alumni—the Honorable Miguel S. Demapan, who is currently serving as Chief Justice of the Supreme Court of the Commonwealth of the Northern Mariana Islands (CNMI). He graduated from the Santa Clara Law School in 1985.

Visiting the Bay Area for a meeting of the United States Conference of Chief Justices, Demapan spent a few hours talking with Dean Donald Polden, Professor George Alexander, who was dean of the law school when Demapan graduated, and students.

Demapan observed that much has changed at the University since 1985.

“When I was here, El Camino Real used to run through this campus,” he said. “And there are so many new buildings. It really is more beautiful.”

Demapan shared one of the goals of his trip: “My mission for this visit is to recruit clerks for my court. I would like to create a program for Santa Clara students and graduates to come to my court on a regular basis.”

To this end, he offered a bit of advice to students at the law school. He suggested that, in order to work within the judiciary, “students need to be good writers. And they should learn to do computer research. Excellent research skills using LEXIS or Westlaw are very important.”

Demapan is active in many venerable activities across the globe. Along with serving as Chief Justice, he is also the chairman of the Commonwealth Law Revision Commission, which takes upon the task of codifying all law in CNMI. He is a judge pro-temp in the Superior Court of Guam and is a member of many notable jurist organizations.

Last year, Demapan was a director of the U.S. Conference of Chief Justices. This organization is made up of Chief Justices of the highest courts in the states and territories. The Conference discusses national issues and lobbies to maintain independence of the judiciary and ensure operation of the courts.

He was nominated to the position by the president of the Conference of Chief Justices, New York Chief Justice Judith S. Kaye.

“I am certainly honored to serve as a member of the Board of Directors,” Demapan said earlier. “Not only do I get to serve the Commonwealth as Chief Justice, but I also get to serve my country by providing guidance to the nation's Chief Justices. It is an awesome responsibility, and I am grateful for the opportunity to serve.”

Indeed, Demapan was motivated to join the judiciary so that he may serve the Pacific Island community.

After graduating from Santa Clara , he returned to Saipan , the capital of CNMI. He began a private practice, during the Asian economic boom in the 1990s. Wanting to better serve his community, he first joined the judiciary in November 1992 as an Associate Judge for the Commonwealth Superior Court. Six years later, he was appointed to the Commonwealth Supreme Court where he sat as an Associate Justice. One year after that, he became the third Chief Justice of the Supreme Court.

Supreme Court of CNMI

The Supreme Court of CNMI's jurisdiction covers the fourteen islands in the territory with a population of about 70,000 people. The Court is comprised of a panel of three permanent members and hears cases on a quarterly basis, with a one-year time limit to issue opinions. The approximately forty-one cases a year that it disposes represent all areas of the law.

Currently, appeals from the Supreme Court of CNMI go to the Ninth Circuit Court of Appeals. This will change in May 2004, however, per the written agreement that originally created the territory. Appeals from the Supreme Court of CNMI will then go directly to the Supreme Court of the United States .

Justices of the Supreme Court of CNMI do not have life tenure, but serve limited terms. Demapan supports this practice. “Leadership needs to change. Younger people can reinvigorate the Court.”

The legal system of the CNMI is similar to that of the United States with one major exception. The right to a jury trial is governed by statute and is applicable only in cases where a defendant faces five years imprisonment and/or a fine of $5000 or more. One reason for this deviation is the small size of the population.

“Because we have such a small population, jury trials are not mandatory unless the statutory requirements are met,” Demapan said. “This is to ensure justice for our people.”

History of CNMI

CNMI is located in the Pacific Ocean , near Guam . The United States fought vigorously over this territory against the Japanese in WWII. The result was one of the bloodiest battles of the war. By the end of the battle, few Japanese survived—they were either killed in battle or participated in mass suicides by jumping off cliffs. Today, these cliffs serve as a memorial and many Japanese come each year to visit the historical site.

After this, the United States took to reconstruct the Northern Mariana Islands . It became a Trust Territory for many years, under which much of the territory was (and is still) reserved for potential U.S. military use. A plebiscite was held in 1975 and the supermajority of the population voted for a negotiated Covenant with the United States .

The Covenant to Establish A Commonwealth of the Northern Marianas Islands in Political Union with the United States of America was signed in 1978. That year, the first elected governor began his term in office. The people of the Northern Marianas were granted U.S. citizenship in 1986. Under the terms of the Covenant, citizens of the self-governing Commonwealth are not allowed to vote in U.S. presidential elections, but they enjoy all of the other benefits of U.S. citizenship.

“Issues of taxation without representation exist, but we are loyal Americans,” Demapan said.

For more information on the Chief Justice or CNMI, see http://www.saipan.com/gov/ or http://www.mariana-islands.gov.mp.

See Related Pictures.