48 U.S.C. § 1823 — Appellate jurisdiction of District Court;

Page 206 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1822 from; except that the terms ‘‘Attorney for the government’’ and ‘‘United States attorney’’, as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of the Northern Mariana Islands, include the Attorney General of the Northern Mariana Islands or such other person or persons as may be authorized by the laws of the Northern Mar- iana Islands to act therein. (Pub. L. 95–157, § 1, Nov. 8, 1977, 91 Stat. 1265; Pub. L. 98–454, title IX, § 901, Oct. 5, 1984, 98 Stat. 1744.) Editorial Notes REFERENCES IN TEXT The Covenant, referred to in subsec. (c), is the Cov- enant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title. Act of March 24, 1976, referred to in subsec. (c), is Pub. L. 94–241, Mar. 24, 1976, 90 Stat. 263, which is classi- fied generally to subchapter I (§ 1801 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables. The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. CODIFICATION Section was formerly classified to section 1694 of this title. AMENDMENTS 1984—Subsec. (b)(1). Pub. L. 98–454, § 901(a), sub- stituted ‘‘for a term of ten years’’ for ‘‘for a term of eight years’’. Subsec. (b)(2). Pub. L. 98–454, § 901(b), inserted ‘‘or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands’’ after ‘‘President’’ in first sentence. Subsec. (c). Pub. L. 98–454, § 901(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The provisions of chapters 43 and 49 of title 28, and the rules heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28 shall apply to the District Court for the Northern Mariana Islands and appeals therefrom where appro- priate, except as otherwise provided in articles IV and V of the covenant provided by the Act of March 24, 1976 (90 Stat. 263). The terms ‘attorney for the government’ and ‘United States attorney’ as used in the Federal Rules of Criminal Procedure (rule 54(c)) shall, when ap- plicable to cases arising under the laws of the Northern Mariana Islands, include the attorney general of the Northern Mariana Islands or any other person or per- sons as may be authorized by the laws of the Northern Marianas to act therein.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. EFFECTIVE DATE For effective date of this section, see section 1825 of this title and Effective Date of Constitution note there- under. EXTENSION OF TERM OF DISTRICT JUDGES Extension of term of district court judges to ten years applicable to judges holding office on Oct. 5, 1984, see section 1004 of Pub. L. 98–454, set out as a note under section 1424b of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. § 1822. Jurisdiction of District Court; original ju- risdiction; procedural requirements (a) The District Court for the Northern Mar- iana Islands shall have the jurisdiction of a Dis- trict Court of the United States, including, but not limited to, the diversity jurisdiction pro- vided for in section 1332 of title 28 and that of a bankruptcy court of the United States. (b) The district court shall have original juris- diction in all causes in the Northern Mariana Is- lands not described in subsection (a) jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court of the Northern Mar- iana Islands for the purposes of determining the requirements of indictment by grand jury or trial by jury. (Pub. L. 95–157, § 2, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98–454, title IX, § 902, Oct. 5, 1984, 98 Stat. 1744.) Editorial Notes CODIFICATION Section was formerly classified to section 1694a of this title. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–454 amended subsec. (a) generally, substituting ‘‘, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 and that of a bankruptcy court of the United States’’ for ‘‘, except that in all causes arising under the Constitution, treaties, or laws of the United States, it shall have jurisdiction regardless of the sum or value of the matter in controversy’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. EFFECTIVE DATE For effective date of this section, see section 1825 of this title and Effective Date of Constitution note there- under. § 1823. Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules (a) Appellate jurisdiction of District Court Prior to the establishment of an appellate court for the Northern Mariana Islands the dis- trict court shall have such appellate jurisdiction over the courts established by the Constitution or laws of the Northern Mariana Islands as the Page 207 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1824 Constitution and laws of the Northern Mariana Islands provide, except that such Constitution and laws may not preclude the review of any judgment or order which involves the Constitu- tion, treaties, or laws of the United States, in- cluding the Covenant to Establish a Common- wealth of the Northern Mariana Islands in Polit- ical Union with the United States of America (90 Stat. 263) (hereinafter referred to as ‘‘Cov- enant’’), or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law en- acted by the legislature of the Northern Mar- iana Islands or of any orders or regulations issued or actions taken by the executive branch of the government of the Northern Mariana Is- lands with the Constitution, treaties, or laws of the United States, including the Covenant or with any authority exercised thereunder by an officer or agency of the United States. (b) Appellate division of District Court; quorum; presiding judge; designation of judges; deci- sions Appeals to the district court shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The judge appointed for the court by the President shall be the pre- siding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the court from time to time pursuant to section 1821(b)(2) of this title: Provided, That no more than one of them may be a judge of a court of record of the Northern Mar- iana Islands. The concurrence of two judges shall be necessary to any decision by the appel- late division of the district court on the merits of an appeal but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. (c) United States Court of Appeals for Ninth Cir- cuit; jurisdiction; appeals; rules The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have juris- diction to promulgate rules necessary to carry out the provisions of this subsection. (Pub. L. 95–157, § 3, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98–454, title IX, § 903, Oct. 5, 1984, 98 Stat. 1744.) Editorial Notes REFERENCES IN TEXT The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in subsec. (a), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title. CODIFICATION Section was formerly classified to section 1694b of this title. AMENDMENTS 1984—Pub. L. 98–454 designated existing provisions as subsec. (a), substituted provisions governing the appel- late jurisdiction of the District Court prior to the es- tablishment of the appellate court for former provi- sions which related to the appellate jurisdiction of the court and certain procedural matters which are covered under subsec. (b), and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. EFFECTIVE DATE For effective date of this section, see section 1825 of this title and Effective Date of Constitution note there- under. § 1824. Relations between courts of United States and courts of Northern Mariana Islands; ap- plicability of statutory provisions (a) The relations between the courts estab- lished by the Constitution or laws of the United States and the courts of the Northern Mariana Islands with respect to appeals, certiorari, re- moval of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States including the Supreme Court of the United States, and the courts of the sev- eral States in such matters and proceedings, ex- cept as otherwise provided in article IV of the covenant: Provided, That for the first fifteen years following the establishment of an appel- late court of the Northern Mariana Islands the United States court of appeals for the judicial circuit which includes the Northern Mariana Is- lands shall have jurisdiction of appeals from all final decisions of the highest court of the North- ern Mariana Islands from which a decision could be had in all cases involving the Constitution, treaties, or laws of the United States, or any au- thority exercised thereunder, unless those cases are reviewable in the District Court for the Northern Mariana Islands pursuant to section 1823 of this title. (b) Those portions of title 28 which apply to Guam or the District Court of Guam shall be ap- plicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in ar- ticle IV of the covenant. The district court es- tablished by this subchapter shall be a district court as that term is used in section 3006A of title 18. (Pub. L. 95–157, § 4, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98–454, title IX, § 904, Oct. 5, 1984, 98 Stat. 1745.) Editorial Notes REFERENCES IN TEXT The covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.