Commonwealth v. Deleon Guerrerro
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledAugust 17, 2003
Docket02-005-GA
JudgeDemapan, Castro, Atalig
StatusPublished
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Full Opinion
FOR PUBLICATION
APPEAL NO. 02-005-GA
IN THE SUPREME COURT OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
______________________________________________________
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS,
Plaintiff/Appellee,
v.
PETER M. DELEON GUERRERO,
Defendant/Appellant.
_______________________________________________________
CRIMINAL CASE NO. 01-0434-A
_______________________________________________________
OPINION
Cite as: Commonwealth v. Deleon Guerrerro, 2003 MP 15
Argued on November 15, 2002
Decided October 17, 2003
Attorney for Appellant: Attorney for Appellee:
Edward C. Arriola, Esq. Kevin A. Lynch
Victorino D. Torres, Intern Counsel Assistant Attorney General
Third Floor Bank of Guam Building Civic Center Complex
Garapan, Saipan Saipan, MP 96950
P.O. Box 501788
Saipan, MP 96950
BEFORE: DEMAPAN, Chief Justice, CASTRO, Associate Justice, and ATALIG, Justice Pro
Tempore.
DEMAPAN, Chief Justice:
¶1 Appellant Peter M. Deleon Guerrero, a Chamorro, seeks to overturn his assault and battery
conviction on the grounds that the trial court did not allow him and his attorney to use the Chamorro
language when conducting his trial and questioning witnesses. Because we have previously held that
N.M.I. Const. art. XXII, § 3, in designating three official languages in the Commonwealth, gives litigants
a constitutional right to speak Chamorro in judicial proceedings, we reverse.
FACTUAL AND PROCEDURAL BACKGROUND
¶2 The trial court convicted Appellant of assault and battery following a bench trial. Before the trial,
Appellant filed a “Notice to Speak Chamorro.” This document gave notice that the Appellant, his attorneys
and his witnesses would speak Chamorro exclusively throughout the trial. The trial court denied
Appellant’s request and instructed his attorney to proceed in English.
¶3 Appellant now appeals his conviction. Appellant claims that the trial court’s decision that the trial
proceed in English instead of Chamorro violated various rights under the Commonwealth Constitution,
namely, due process, equal protection and compulsory process for obtaining favorable witnesses.
Appellant also contends that the trial court’s decision violates N.M.I. Const. art. XXII, § 3, whichprovides
that the official languages of the Commonwealth are Chamorro, Carolinian and English. The appeal being
timely, we have jurisdiction pursuant to N.M.I. Const. art. IV, § 3. After filing his notice of appeal,
Appellant filed a Motion to Stay Execution of his sentence in the trial court, which the court denied.
Appellant then refiled his Motion in this Court. We stayed the execution of his sentence pending this
appeal.
ANALYSIS
¶4 Appellant’s first contention is that the trial court’s refusal to allow the trial to proceed in Chamorro
violates Article XXII, Section 3 of the Commonwealth Constitution, which delineates Chamorro, Carolinian
and English as the official languages of the Commonwealth. Since this is a question of constitutional law,
we review this issue de novo. Office of the Attorney General v. Rivera, 3 N.M.I. 436, 441 (1993).
Our previous decision in Jasper v. Quitugua, App. No. 97-009 (N.M.I. Sup. Ct. Feb. 8, 1999) (Opinion
at 5), made clear that native Chamorro-speaking people have a constitutional right to speak Chamorro in
court.
¶5 In Jasper, we held that because there are three official languages in the Commonwealth, the pro
se defendant in a tort case, who was allowed by the trial court to make opening and closing statements in
Chamorro, should have been allowed to question the witnesses in Chamorro as well. Id. Even though the
defendant in Jasper spoke very good English, he was nonetheless entitled to speak Chamorro because the
Commonwealth Constitution lists Chamorro as an official language. Id. In fact, the Court in Jasper
recognized that although usually the decision of whether to hire an interpreter is left to the discretion of the
trial court, Chamorro and Carolinian are treated differently because they are official languages. Id.
¶6 Therefore, the Jasper decision had nothing to do with fundamental fairness or due process. The
trial court found that the defendant could speak and understand English well enough to conduct a sufficient
defense, and so incorrectly held it was not unfair for him to have to speak English at the trial. Instead, we
recognized an absolute right to speak Chamorro in court based on the Constitutional designation of three
official languages. The fact that this Court in Jasper even mentioned the official language designation
showed that the issue was not fundamental fairness because a fairness argument would apply to all foreign
languages, not just Chamorro, Carolinian and English.
¶7 Jasper is on point here. The trial court below found that Appellant, his attorneys and his witnesses
could all speak English well enough to conduct the trial in English. Therefore, the trial court held that it
would be perfectly fair for the trial to proceed in English. However, this is not a case about fundamental
fairness. This is a case involving Chamorro language, which is treated specially by the Constitution and this
Court. Because the Court in Jasper approved of conducting trials in Chamorro regardless of whether the
litigants can speak English, Appellant should have been allowed to conduct his trial in Chamorro, even
though everyone involved spoke English perfectly well. As we laid out in Jasper, this decision is not up
to the discretion of the trial court.
¶8 Appellee is correct in asserting that the constitutional framers’ intent was not to create an absolute
right of individuals to demand that government agencies conduct their official business in all three languages.
Instead, the intent was that the agencies could choose one or more of the languages in which to carry out
its official functions. When proposing that the official languages of the Commonwealth should be
Chamorro, Carolinian and English, the Committee on Finance and Other Matters explained that:
The Committee believes that the inclusion of the official languages of the
Commonwealth in this new Article would be appropriate as part of its
recognition of the culture and traditions of the people of the
Commonwealth. The government shall encourage the usage and
preservation of the Chamorro and Carolinian languages, where
appropriate, in government, schools, and other official functions. Section
3 would permit government agencies to choose, where appropriate, any
of the three languages. Section 3 does not confer a right on an individual
to have a document be translated at government expense into another one
of the official languages. It merely permits a government agency to choose
one or more of three languages in which to transact its business.
Second Northern Marianas Constitutional Convention, Report to the Convention by the Committee on
Finance and Other Matters, Committee Recommendation No. 43 (1985).
¶9 However, the Court’s decision in Jasper indicated that the judiciary has chosen to conduct court
proceedings in all three languages. Neither Jasper nor this decision creates an individual right to demand
that government agencies conduct official business in all three languages. Rather, this principle applies only
to court proceedings, as we have chosen to conduct our official business in this way.
¶10 However, in choosing to conduct our business in this way, we hold that in order for the
constitutional right to speak Chamorro or Carolinian to apply, the person who wishes to use these
languages must be a native speaker of these languages. It would be too costly and time-consuming to allow
everyone, regardless of their native language, to speak Chamorro and Carolinian.
¶11 In Jasper, we required that adequate notice be given to ensure that arrangements can be made to
hire an interpreter. Jasper, (Opinion at 5). Here, Appellant gave five days’ notice. We find that this is
sufficient.
¶12 For the foregoing reasons, we agree with Appellant that he had an absolute right to speak
Chamorro during his trial. To hold otherwise would be to undermine Article XXII, Section 3 of the N.M.I.
Constitution.
¶12 Next, we turn to Appellant’s fundamental fairness arguments, namely, that the trial court’s refusal
to permit Appellant to conduct his defense and question his witness in Chamorro violated Appellant’s rights
to due process, equal protection and compulsory process for obtaining favorable witnesses. As we
recognized in Jasper, the standard of review for this issue is whether the trial court abused its discretion
in determining that the trial could proceed in English and that a translator was not necessary. Id. (citing
Washington v. Mendez, 784 P.2d 168, 171 (Wash. Ct. App. 1989)); see also United States v.
Martinez, 616 F.2d 185, 188 (5th Cir. 1980) (“The use of courtroom interpreters involves a balancing of
the defendant's constitutional rights to confrontation and due process against the public's interest in the
economical administration of criminal law. That balancing is committed to the sound discretion of the trial
judge, reversible only on a showing of abuse.” (citations omitted)); United States v. Coronel-Quintana,
752 F.2d 1284, 1291 (8th Cir. 1985) (“The appointment of an interpreter lies within the sound discretion
of the trial judge. Because the decision to appoint an interpreter will likely hinge upon a variety of factors,
including the defendant's understanding of the English language, and the complexity of the proceeding,
issues, and testimony, the trial court, being in direct contact with the defendant, should be given wide
discretion, and this decision should not be disturbed unless the trial court clearly abuses its discretion.”
(citations omitted)). Because Appellant has not pointed to any convincing evidence that the trial court’s
actions here were an abuse of discretion, we find that the trial court’s refusal to allow the trial and the
questioning of witnesses to proceed in Chamorro did not violate Appellant’s rights to due process, equal
protection and compulsory process for obtaining favorable witnesses.
¶13 Appellant does not state any reason why he thinks that the trial court’s refusal to allow the entire
trial to proceed in Chamorro violates his due process and equal protection rights, even though he makes
the flat assertion. Perhaps Appellant was referring to the Jasper decision, where the Court stated that the
defendant’s contention was that the trial court violated his due process and equal protection rights.
However, the Court nevertheless went on to reverse the trial court on grounds that the Commonwealth has
three official languages. Jasper, (Opinion at 5).
¶14 The fact remains that Appellant has not pointed to anything that illustrates how the trial court has
abused its discretion by having the trialproceed in English. The trial court found that Appellant could speak
and understand English clearly, and Appellant does not dispute that finding. The trial court further allowed
Appellant to use Chamorro phrases during the course of the trial if necessary.
¶15 Appellant does, however, assert at least some general reasons why the refusal to allow Mr. Kaipat
to testify in Chamorro was an abuse of discretion. Appellant argues that since Mr. Kaipat’s native tongue
is Chamorro, he is more fluent in Chamorro than English. Appellant also flatly states, with no explanation,
that it would have been more appropriate for Mr. Kaipat testify in Chamorro because of the cultural context
of the case.
¶16 Yet, Appellant again fails to show how the trial court abused its discretion here. The trial court
determined that Mr. Kaipat should testify in English, and, if he had any trouble communicating properly in
English, the court would provide a translator. Appellant does not point to any moment in the questioning
when Mr. Kaipat had trouble communicating or understanding the questions in English so as to require a
translator. As far as we can tell from the transcript, Mr. Kaipat had no trouble speaking and listening in
English. However, we cannot review the pace, inflection or tone of voice. This is the precise reason why
we must defer to the discretion of the trial court when the decision of whether to use interpreters, in the
context of fundamental fairness, is at issue. The trial judge observes the witness firsthand and is in the best
position to determine whether an interpreter is necessary.
¶17 Therefore, we find that the trial court did not abuse its discretion and therefore did not violate
Appellant’s rights to due process, equal protection or compulsory process for obtaining favorable
witnesses.
CONCLUSION
¶18 For the foregoing reasons, the Appellant’s conviction is REVERSED and the case is
REMANDED for a new trial in accordance with this opinion.
So Ordered this 17th day of October 2003.
/s/_________________________________________
MIGUEL S. DEMAPAN, Chief Justice
/s/_________________________________________
ALEXANDRO C. CASTRO, Associate Justice
/s/_________________________________________
PEDRO M. ATALIG, Justice Pro Tempore