Article IV of the Northern Mariana Islands Constitution is entitled Judicial Branch and consists of 11 sections.
Section 1
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Text of Section 1:
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Judicial Power. The judicial power of the Commonwealth shall be vested in a judiciary of the Northern Mariana Islands which shall include one supreme court and one superior court and such other inferior courts as may be established by law.[1]
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Section 2
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Text of Section 2:
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Commonwealth Superior Court. The Commonwealth superior court shall have original jurisdiction in all cases in equity and at law. The court shall also have original jurisdiction in all criminal actions. The superior court shall have all inherent powers, including the power to issue all writs necessary to the complete exercise of its duties and jurisdiction under this constitution and the laws of the Commonwealth. The superior court shall consist of a presiding judge and at least four associate judges. At least one full- time judge shall be assigned to civil and criminal actions filed in Rota and one in Tinian. The legislature may increase the number of judges when necessary.[1]
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Section 3
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Text of Section 3:
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Commonwealth Supreme Court. The Commonwealth supreme court shall hear appeals from final judgments and orders of the Commonwealth superior court. The supreme court shall have all inherent powers, including the power to issue all writs necessary to the complete exercise of its duties and jurisdiction under this constitution and the laws of the Commonwealth. The supreme court shall consist of a chief justice and at least two associate justices. The Legislature may increase the number of justices when necessary.[1]
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Section 4
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Text of Section 4:
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Qualifications. A justice or judge shall be at least thirty-five (35) years of age, a citizen or national of the United States, have resided in the Commonwealth for at least five (5) years before appointment, never have been convicted of a felony or any crime involving moral turpitude, and been a member of the Commonwealth bar for five (5) years.[1]
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Section 5
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Text of Section 5:
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Appointment and Term of Office. A supreme court justice and superior court judge shall initially be appointed by the governor and confirmed by the senate. Justices shall serve terms of eight (8) years and judges shall serve terms of six (6) years. At the general election immediately before the end of the initial term, the question of whether to retain the justice or judge shall be placed on the ballot, using the following language: "Shall Justice or Judge (insert name of justice or judge) of the (insert name of court) be retained in office? Yes or No." The justice or judge shall be retained if a majority of the votes cast on the question are in the affirmative. Terms following an election to retain shall be eight (8) years for a justice of the supreme court and six (6) years for a judge of the superior court.[1]
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Section 6
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Text of Section 6:
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Compensation. The compensation of a justice and a judge shall be provided by law. The salary of a justice or judge may not be decreased during a term of office.[1]
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Section 7
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Text of Section 7:
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Impeachment. A justice or judge is subject to impeachment as provided in article II, section 8, of this constitution for treason, conviction of a felony, corruption, neglect of duty or conviction of any crime involving moral turpitude.[1]
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Section 8
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Text of Section 8:
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Limitations on Activities of Justices and Judges. A full-time justice or judge may not hold another compensated government position or engage in the practice of law. A justice or judge may not make a direct or indirect financial contribution to a political organization or candidate, hold an executive office in a political organization, or participate in a political campaign. A justice or judge may not become a candidate for elective public office without resigning judicial office at least thirty (30) days before declaring his/her candidacy but no less than one hundred eighty (180) days before the election.[1]
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Section 9
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Text of Section 9:
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Rule making and Administration.
a) The chief justice of the Commonwealth may propose rules governing civil and criminal procedure, judicial ethics, admission to and governance of the bar of the Commonwealth, and other matters of judicial administration. A proposed rule shall be submitted to the legislature and shall become effective sixty (60) days after submission unless disapproved by a majority of the members of either house of the legislature.
b) The chief justice shall submit an annual budget for the judiciary to the legislature.
c) The chief justice shall submit to the people of the Commonwealth an annual report on the state of the judiciary.
d) The chief justice may designate, as the need arises, an active or former justice or judge of the Commonwealth, of any United State jurisdiction, the Federated States of Micronesia, the Republic of Palau or the Republic of the Marshall Islands to serve as a pro temp justice or judge of the Commonwealth courts.[1]
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Section 10
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Text of Section 10:
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Succession. When a vacancy occurs in the office of chief justice, the associate justice most senior in commission shall become acting chief justice. When a vacancy occurs in the office of presiding judge, the associate judge most senior in commission shall become acting presiding judge. Such person shall continue in an acting capacity until the governor appoints and the senate confirms a chief justice or presiding judge.[1]
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Section 11
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Text of Section 11:
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Certified Legal Questions. Whenever a dispute arises between or among Commonwealth officials who are elected by the people or appointed by the governor regarding the exercise of their powers or responsibilities under this constitution or any statute, the parties to the dispute may certify to the supreme court the legal question raised, setting forth the stipulated facts upon which the dispute arises. The supreme court may deny the request to rule on the certified legal question. If the request is accepted, then the ruling of the supreme court shall be binding upon the parties before the court.[1]
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See also
External links
