48 U.S.C. § 1821 — District Court for the Northern Mariana

Page 205 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1821 1 So in original. Statutory Notes and Related Subsidiaries DEPARTMENT OF THE INTERIOR TECHNICAL ASSISTANCE Pub. L. 115–218, § 3(c), July 24, 2018, 132 Stat. 1554, pro- vided that: ‘‘Not later than October 1, 2019, and bienni- ally thereafter, the Secretary of the Interior shall sub- mit a report to Congress that describes the fulfillment of the Department of the Interior’s responsibilities to the Commonwealth of the Northern Mariana Islands— ‘‘(1) to identify opportunities for economic growth and diversification; ‘‘(2) to provide assistance in recruiting, training, and hiring United States workers; and ‘‘(3) to provide such other technical assistance and consultation as outlined in section 702(e) of the Con- solidated Natural Resources Act of 2008 (48 U.S.C. 1807).’’ § 1808. Operations (1) Establishment At any time on and after May 8, 2008, the At- torney General, Secretary of Homeland Secu- rity, and the Secretary of Labor may establish and maintain offices and other operations in the Commonwealth for the purpose of carrying out duties under— (A) the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and (B) the transition program established under section 1806 of this title, as added by sub- section (a). (2) Personnel To the maximum extent practicable and con- sistent with the satisfactory performance of as- signed duties under applicable law, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor shall recruit and hire personnel from among qualified United States citizens and national applicants residing in the Commonwealth to serve as staff in carrying out operations described in paragraph (1). (Pub. L. 110–229, title VII, § 702(f), May 8, 2008, 122 Stat. 863.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in par. (1)(A), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Section 1806 of this title, as added by subsection (a), referred to in par. (1)(B), is section 1806 of this title, as added by subsection (a) of section 702 of Pub. L. 110–229. CODIFICATION Section was enacted as part of the Consolidated Nat- ural Resources Act of 2008, and not as part of Pub. L. 94–241 which comprises this subchapter. SUBCHAPTER II—JUDICIAL MATTERS § 1821. District Court for the Northern Mariana Islands (a) Establishment; judicial circuit; terms of court There is established for and within the North- ern Mariana Islands a court of record to be known as the District Court for the Northern Mariana Islands. The Northern Mariana Islands shall constitute a part of the same judicial cir- cuit of the United States as Guam. Terms of court shall be held on Saipan and at such other places and at such times as the court may des- ignate by rule or order. (b) Appointment, tenure, removal, compensation, etc., of District Court judge; appointment of United States attorney and United States marshal (1) The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court for the Northern Mariana Is- lands who shall hold office for the term of ten years and until his successor is chosen and qualified, unless sooner removed by the Presi- dent for cause. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts. (2) The Chief Judge of the Ninth Judicial Cir- cuit of the United States may assign justices of the High Court of the Trust Territory of the Pa- cific Islands or judges of courts of record of the Northern Mariana Islands who are licensed at- torneys in good standing or a circuit or district judge of the ninth circuit, including a judge of the District Court of Guam who is appointed by the President or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit to serve tempo- rarily as a judge in the District Court for the Northern Mariana Islands whenever such an as- signment is necessary for the proper dispatch of the business of the court. Such judges shall have all the powers of a judge of the District Court for the Northern Mariana Islands, including the power to appoint any person to a statutory posi- tion, or to designate a depository of funds or a newspaper for publication of legal notices. (3) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal for the Northern Mariana Islands to whose offices the provisions of chapters 35 and 37 of title 28, respectively, shall apply. (4) If the President appoints a judge for the District Court for the Northern Mariana Islands or a United States attorney or a United States marshal for the Northern Mariana Islands who at that time is serving in the same capacity in another district, the appointment shall, without prejudice to a subsequent appointment, be for the unexpired term of such judge or officer. (c) Applicability of Federal rules and statutory requirements Where appropriate, and except as otherwise provided in articles IV and V of the Covenant approved by the Act of March 24, 1976 (90 Stat. 263), the provisions of part II of title 18 and of ti- tles 1 28, the rules of practice and procedure 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 there- 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