The CNMI Supreme Court ruled today that the CNMI laws do not permit the Superior Court to order unemployed judgment debtors to seek work.
The case, Marianas Eye Institute v. Pitness Moses, 2011 MP 1, involved a Chuukese man who worked for six years in the garment industry and then lost his job when the industry left the islands. He has been unemployed ever since. While unemployed, he was bushcutting and something flew into his eye, so he sought help at the Commonwealth Health Center. The CHC referred him to Dr. Khorram's clinic, the Marianas Eye Institute. Neither Moses nor the clinic inquired about how Moses would pay--he assumed that the same assistance program offered by the hospital to FSM citizens (the MIAP program) would cover him at the private clinic. It didn't. He ended up with a $300+ debt that he couldn't afford.
Attorney Mike White represented MEI in a collection case and Moses stipulated to a judgment. In post-judgment proceedings, MEI agreed with Moses that he had no income or assets from which he could pay. MEI asked the court to order Moses to get a job. Failure to comply with such a court order could result in civil contempt and jail.
Moses had been looking for work already for years, without success. The work situation in the CNMI is difficult, with few jobs and a near-death economy. Despite his efforts, he had not found work.
Moses objected to the order because it was futile, and he would face jail time if he didn't comply exactly with the court's demands. In other cases, we have seen the court continue to increase its demands so that unemployed debtors are required to submit more and more applications every week; and in order to avoid the potential for jail the debtors resort to submitting useless paperwork to businesses who are not even looking for employees. The court also typically requires the debtors to report back in frequent periodic hearings, which clog the docket and often lead judges into the temptation to give tongue-lashings and verbal reprimands simply because of the debtor's continued poverty and unemployment.
The CNMI Supreme Court examined all prior appellate cases in the CNMI and looked at cases from Guam, Illinois, and other jurisdictions. In the end, the court was convinced that the CNMI statute, which allows the court to order "payments," did not expressly authorize the court to order job searches as a means of enforcing ordinary judgment debts.
The CNMI Supreme Court also said that, once the Superior Court found that there were no income or assets from which payment could be made, it could not make any order in aid of judgment.
This small victory will provide enormous relief to many people who are currently in dire economic conditions, without work but owing debt.
Tuesday, February 22, 2011
Thursday, January 20, 2011
Martin Luther King Jr. Day Commemoration
The CNMI commemorated Martin Luther King Jr. day on Monday, January 16, 2011. I had the honor of participating as an invited speaker at the formal events at the American Memorial Park auditorium. It was a "day on, not a day off."
The event started with the color guard from Kagman High School presenting the flags and Ambrose Bennett and Leo Goode leading the singing of the US national anthem, the CNMI national anthem, and the Negro national anthem, followed by a short benediction.
Attorney Joe Hill was a key organizer, and he gave some remarks at the commemoration. Assistant Attorney General Shelli Neal and Ms. Delos Santos were emcees. We also watched a short address from Congressman Gregorio (Kilili) Sablan, presented via video.
Steve Woodruff, Ms. Delos Santos, Shelli Neal, ?, Brad Pennington, Jesse Pennington, Judge Ken Govendo, Rabbi Sayed, Jane Mack; photo by Anna Rose DLG
I had been asked to speak on a very broad subject--the challenge of justice in the CNMI--and was especially asked to give a little bit of historical context from MLSC's time in Micronesia.
I identified various kinds of justice--social, economic, legal--and pared the subject down to the narrowest bit of what I know: legal justice in the context of MLSC's mission.
clipped from Saipan Tribune 1/18/2011
MLSC has been in operation since 1971, and I have been here since 1984, so I spoke about the changes I've seen and some of the challenges. I talked about technology changes, but also noted that the challenges from adapting to new technology (and the frustration with technology in Micronesia) are small compared to challenges of attitudes and entrenched thinking. I talked about the radical concept of equal access to justice and the ambivalence even found in LSC, which is dedicated to providing free lawyers to poor people, but then ties our hands with restrictions like no class actions and no challenges to welfare legislation, etc. I closed with recognizing the challenge of staying committed when the going gets tough, and how very difficult it is right now in the CNMI with the economy barely functioning and crime paying better profits than work. And of course, the very end was a call to continue seeking justice.
My speech was an introductory sort of speech, just to warm up the audience for the keynote address by Jesse Pennington. He is an attorney who worked for MLSC in the 1970's (about 1974), but also has had a long connection to the civil rights movement in the US. He had met Dr. King and had his own escape from violence in Mississippi, events and encounters he related as he built his theme about the importance of being a witness and continuing the message in today's world.
clipped from Saipan Tribune, 1/18/2011
His inspirational presentation moved back and forth from remembrance to insight to reflection.
Brad and Jesse Pennington (son and father); photo by Jane Mack
When we were finished, there was a question and answer session that also added depth to the analysis and thinking that was going on. There were some awards and thank yous, and a closing benediction.
Brad and Jesse Pennington, Willie Bundridge (one of the event organizers and who commented that this year's commemoration was better than last year's!); photo by Jane Mack
All in all, it was a very worthwhile commemoration and day.
You can see more photos by Saipan Tribune photographer Haidee v. Eugenio here.
Anna Rose Deleon Guerrero with Brad and Jesse Pennington; photo by Jane Mack
The event started with the color guard from Kagman High School presenting the flags and Ambrose Bennett and Leo Goode leading the singing of the US national anthem, the CNMI national anthem, and the Negro national anthem, followed by a short benediction.
Attorney Joe Hill was a key organizer, and he gave some remarks at the commemoration. Assistant Attorney General Shelli Neal and Ms. Delos Santos were emcees. We also watched a short address from Congressman Gregorio (Kilili) Sablan, presented via video.
Steve Woodruff, Ms. Delos Santos, Shelli Neal, ?, Brad Pennington, Jesse Pennington, Judge Ken Govendo, Rabbi Sayed, Jane Mack; photo by Anna Rose DLG
I had been asked to speak on a very broad subject--the challenge of justice in the CNMI--and was especially asked to give a little bit of historical context from MLSC's time in Micronesia.
I identified various kinds of justice--social, economic, legal--and pared the subject down to the narrowest bit of what I know: legal justice in the context of MLSC's mission.
clipped from Saipan Tribune 1/18/2011
MLSC has been in operation since 1971, and I have been here since 1984, so I spoke about the changes I've seen and some of the challenges. I talked about technology changes, but also noted that the challenges from adapting to new technology (and the frustration with technology in Micronesia) are small compared to challenges of attitudes and entrenched thinking. I talked about the radical concept of equal access to justice and the ambivalence even found in LSC, which is dedicated to providing free lawyers to poor people, but then ties our hands with restrictions like no class actions and no challenges to welfare legislation, etc. I closed with recognizing the challenge of staying committed when the going gets tough, and how very difficult it is right now in the CNMI with the economy barely functioning and crime paying better profits than work. And of course, the very end was a call to continue seeking justice.
My speech was an introductory sort of speech, just to warm up the audience for the keynote address by Jesse Pennington. He is an attorney who worked for MLSC in the 1970's (about 1974), but also has had a long connection to the civil rights movement in the US. He had met Dr. King and had his own escape from violence in Mississippi, events and encounters he related as he built his theme about the importance of being a witness and continuing the message in today's world.
clipped from Saipan Tribune, 1/18/2011
His inspirational presentation moved back and forth from remembrance to insight to reflection.
Brad and Jesse Pennington (son and father); photo by Jane Mack
When we were finished, there was a question and answer session that also added depth to the analysis and thinking that was going on. There were some awards and thank yous, and a closing benediction.
Brad and Jesse Pennington, Willie Bundridge (one of the event organizers and who commented that this year's commemoration was better than last year's!); photo by Jane Mack
All in all, it was a very worthwhile commemoration and day.
You can see more photos by Saipan Tribune photographer Haidee v. Eugenio here.
Anna Rose Deleon Guerrero with Brad and Jesse Pennington; photo by Jane Mack
Tuesday, January 4, 2011
New Schedules-ROTA and TINIAN
ROTA
Micronesian Legal Services Corporation (MLSC) has opened a new office in Rota, located at Room #D-107 of the Hotel Valentino, Songsong Village. A representative from MLSC will be available to meet clients and take applicant intake from 11am to 4pm on the upcoming dates:
Thursday, January 6
Thursday, January 13
Thursday, January 20
Anyone wishing to schedule an appointment can call MLSC’s main number at 234-6243/7729 or, on the dates when an MLSC representative is on Rota, please call 285-6102.
TINIAN
Visits at the MLSC office in the PM Buildling are scheduled for the following dates:
Wednesday, January 5, 2011
Wednesday, January 12, 2011
Micronesian Legal Services Corporation (MLSC) has opened a new office in Rota, located at Room #D-107 of the Hotel Valentino, Songsong Village. A representative from MLSC will be available to meet clients and take applicant intake from 11am to 4pm on the upcoming dates:
Thursday, January 6
Thursday, January 13
Thursday, January 20
Anyone wishing to schedule an appointment can call MLSC’s main number at 234-6243/7729 or, on the dates when an MLSC representative is on Rota, please call 285-6102.
TINIAN
Visits at the MLSC office in the PM Buildling are scheduled for the following dates:
Wednesday, January 5, 2011
Wednesday, January 12, 2011
Friday, December 17, 2010
2010 Immigration Conference
Micronesian Legal Services Corporation once again hosted a training conference, providing 13 hours of CLE to attorneys in the CNMI. The Conference, which was held on December 8 and 9, 2010, focused on immigration matters, the impact of crimes on admissibility and removal. There were also brief sessions on VAWA, T Visas and U Visas, and the most popular session on ethics.
Joe Hill signs in while Polly Anne and Lolita man the registration table.
Our trainers were Evangeline Abriel from Santa Clara University Law School and Lauren Gilbert from Saint Thomas University Law School. They did an amazing job!
Vangie talks about aggravated felonies.
USCIS Honolulu District Director David Gulick attended some sessions and gave a lunchtime presentation on the 8th.
Lauren walked us through some basics before getting to the more difficult stuff.
We also made available the materials that Vangie and Lauren provided--copies of their power point presentations and sample problems.
Additionally, Vangie brought flashdrives loaded with 2 CLINIC manuals on crimes and removal proceedings and these were distributed to the conference participants. These were a donation! Thanks to CLINIC who allowed the materials to be copied. Thanks to Karen Bernosky at Santa Clara University who arranged the donation. And thanks to Steve Rebliagati, Manuel Valerio and James Chavez of Fry's Electronic's for making this happen. All we can say is THANKS! What great resources these nifty little flashdrives are!
Keen attention!
MLSC staff attorney Dimitri Varmazis.
MLSLC staff attorney Linda (in pink).
In the back--MLSC Deputy Director Ben Weber and support staff.
After the conference--Dimitri, Linda, Vangie, Lauren and Juanette.
Joe Hill signs in while Polly Anne and Lolita man the registration table.
Our trainers were Evangeline Abriel from Santa Clara University Law School and Lauren Gilbert from Saint Thomas University Law School. They did an amazing job!
Vangie talks about aggravated felonies.
USCIS Honolulu District Director David Gulick attended some sessions and gave a lunchtime presentation on the 8th.
Lauren walked us through some basics before getting to the more difficult stuff.
We also made available the materials that Vangie and Lauren provided--copies of their power point presentations and sample problems.
Additionally, Vangie brought flashdrives loaded with 2 CLINIC manuals on crimes and removal proceedings and these were distributed to the conference participants. These were a donation! Thanks to CLINIC who allowed the materials to be copied. Thanks to Karen Bernosky at Santa Clara University who arranged the donation. And thanks to Steve Rebliagati, Manuel Valerio and James Chavez of Fry's Electronic's for making this happen. All we can say is THANKS! What great resources these nifty little flashdrives are!
Keen attention!
MLSC staff attorney Dimitri Varmazis.
MLSLC staff attorney Linda (in pink).
In the back--MLSC Deputy Director Ben Weber and support staff.
After the conference--Dimitri, Linda, Vangie, Lauren and Juanette.
Tuesday, November 16, 2010
New Schedule for Rota and Tinian Visits
Dimitri Varmazis will be on Rota on
Linda Wingenbach will be at the MLSC office at the PM Building in Tinian on
Those living in Rota and Tinian who want MLSC help may call our Saipan office (670-234-6243) for an appointment or walk-in and be served on a first-come/first-served basis on the dates of our visits.
Thursday, November 18, 2010
Wednesday, December 1, 2010
Thursday, December 16, 2010 and
Thursday, December 23, 2010.
Linda Wingenbach will be at the MLSC office at the PM Building in Tinian on
Friday, November 19, 2010
Thursday, December 2, 2010 and
Friday, December 17, 2010.
Those living in Rota and Tinian who want MLSC help may call our Saipan office (670-234-6243) for an appointment or walk-in and be served on a first-come/first-served basis on the dates of our visits.
Monday, October 18, 2010
Rota and Tinian Outreach Project
The Marianas Office of Micronesian Legal Services has started a one-year project of increased service to Rota and Tinian. “We’re happy to announce that we will be visiting Rota and Tinian much more frequently,” said Jane Mack, Directing Attorney. MLSC provides free legal services in civil cases to low-income people in the CNMI. The outreach project was made possible by federal earmark funding obtained for MLSC by Congressman Gregorio (Kilili) Sablan.
New office space in Tinian: photo by Janet King
“We have always provided service to Rota and Tinian,” Mack said. “We take telephone intakes and exchange documents by fax and e-mail, but our on-island visits have been limited to once a month.” With the new federal earmark, MLSC will increase visits to 3 or 4 times each month during the one-year project term.
It was a long process to get this special funding for MLSC. “The work to obtain this funding began in April 2009 when I submitted a proposal on behalf of Micronesian Legal Services Corporation to the Approriations Subcommittee on Commerce, Justice, Science, and Related Agencies,” Congressman Sablan said in a letter to MLSC. “There are literally tens of thousands of these requests from the 441 members of the House of Representatives, so it was a very competitive process.”
The Marianas Office receives most of its funding from the federal government through the Legal Services Corporation, and it has also received some local government support. “We’ve been fortunate that the local CNMI government has helped us,” Mack said. “Even in the years when the CNMI local government has not been able to provide us direct funding, it has allowed us the use of office space convenient to the people in our community.” When this one year project ends, the Marianas Office will continue to provide legal representation to the residents of Rota and Tinian in the usual way with its LSC funding and local support.
Under the outreach project, MLSC attorney Dimitri Varmazis will provide service to Rota, while attorney Linda Wingenbach visits Tinian. Paralegal Polly Anne Sablan will visit both islands to work on US citizenship and immigration status issues.
Mr. Varmazis has scheduled visits to Rota at the Courthouse for Friday October 22; Friday, November 5 (with Polly Anne); Tuesday, November 9; and Thursday, November 18. “We’ll be looking for office space in Rota to make our services conveniently available to everyone,” Varmazis said.
The Marianas Office has already obtained office space in Tinian at the first floor of the PM Building (about halfway between JC Café and the courthouse). Ms. Wingenbach has scheduled visits to Tinian for Wednesday, October 20 (with Polly Anne); Thursday, October 28; Wednesday, November 3; Wednesday, November 10; and Friday, November 19, 2010. “It’s fantastic that the people of Tinian can now have increased access to justice,” said Wingenbach.
Linda Wingenbach at her desk in Tinian: photo by Janet King.
Clients and applicants can set appointments for Rota or Tinian by calling the Marianas Office in Saipan. Walk-in clients and applicants are also permitted, although people may have to wait if they don’t have an appointment.
New office space in Tinian: photo by Janet King
“We have always provided service to Rota and Tinian,” Mack said. “We take telephone intakes and exchange documents by fax and e-mail, but our on-island visits have been limited to once a month.” With the new federal earmark, MLSC will increase visits to 3 or 4 times each month during the one-year project term.
It was a long process to get this special funding for MLSC. “The work to obtain this funding began in April 2009 when I submitted a proposal on behalf of Micronesian Legal Services Corporation to the Approriations Subcommittee on Commerce, Justice, Science, and Related Agencies,” Congressman Sablan said in a letter to MLSC. “There are literally tens of thousands of these requests from the 441 members of the House of Representatives, so it was a very competitive process.”
The Marianas Office receives most of its funding from the federal government through the Legal Services Corporation, and it has also received some local government support. “We’ve been fortunate that the local CNMI government has helped us,” Mack said. “Even in the years when the CNMI local government has not been able to provide us direct funding, it has allowed us the use of office space convenient to the people in our community.” When this one year project ends, the Marianas Office will continue to provide legal representation to the residents of Rota and Tinian in the usual way with its LSC funding and local support.
Under the outreach project, MLSC attorney Dimitri Varmazis will provide service to Rota, while attorney Linda Wingenbach visits Tinian. Paralegal Polly Anne Sablan will visit both islands to work on US citizenship and immigration status issues.
Mr. Varmazis has scheduled visits to Rota at the Courthouse for Friday October 22; Friday, November 5 (with Polly Anne); Tuesday, November 9; and Thursday, November 18. “We’ll be looking for office space in Rota to make our services conveniently available to everyone,” Varmazis said.
The Marianas Office has already obtained office space in Tinian at the first floor of the PM Building (about halfway between JC Café and the courthouse). Ms. Wingenbach has scheduled visits to Tinian for Wednesday, October 20 (with Polly Anne); Thursday, October 28; Wednesday, November 3; Wednesday, November 10; and Friday, November 19, 2010. “It’s fantastic that the people of Tinian can now have increased access to justice,” said Wingenbach.
Linda Wingenbach at her desk in Tinian: photo by Janet King.
Clients and applicants can set appointments for Rota or Tinian by calling the Marianas Office in Saipan. Walk-in clients and applicants are also permitted, although people may have to wait if they don’t have an appointment.
Thursday, October 14, 2010
Tinian Schedule
Thanks to the federal earmarked funds we received through our US Congressman's efforts, we will be traveling to Tinian and Rota more frequently to provide legal help in these under-served areas.
Our Tinian calendar right now looks like this:
Friday, October 15
Wednesday, October 20 (with Polly Anne)
Thursday, October 28
Wednesday, November 3
Wednesday, November 10
Friday, November 19
Attorney Linda Wingenbach will be there and available to meet new applicants and talk with clients at our new office space at the first floor of the PM Building (about halfway between JC Café and the courthouse). Appointments can be made by calling our Saipan office. People may also walk-in, but may have to wait.
Our Tinian calendar right now looks like this:
Friday, October 15
Wednesday, October 20 (with Polly Anne)
Thursday, October 28
Wednesday, November 3
Wednesday, November 10
Friday, November 19
Attorney Linda Wingenbach will be there and available to meet new applicants and talk with clients at our new office space at the first floor of the PM Building (about halfway between JC Café and the courthouse). Appointments can be made by calling our Saipan office. People may also walk-in, but may have to wait.
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