In re the Matter of C.T.M.
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledNovember 16, 1990
Docket90-038
JudgeBorja
StatusPublished
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Full Opinion
CLERK OF COURT
SUPREME COURT. CNMI
FILED
90 NOV �J)f/w
BY. ---
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FOR PUBLICATION
IN THE SUPREME COURT OF THE
COMHONWEALTH OF THE NORTHERN 11ARIANA ISLANDS
IN RE THE MATTER OF ) APPEAL NO. 90-038
) JUVENILE CASE NO. 90-06
"C.T.M., I )
) OPINION
A Minor Child. )
)
Submitted November 2, 1990
Counsel for Appellant: Pamela O'Leary Tower
O{fice of the Public Defender
Saipan1 MP 96950
Counsel for Appellee: James Hollman
Office of the Attorney General
saipan, MP 96950
BEFORE: DELA CRUZ 1 Chief J11st ice 1 VILLAGOMEZ and BORJA 1 Justices.
BORJA, Justice:
The juvenile was adjudicated a delinquent on May 25, 1990,
with the trial court order stating that "the allegation of assault
and battery contained in the Complaint of Delinquency has been
proven by clear and convincing evidence." On July 5, 1990, the
trial court ordered that he be "placed in detenti9n for six (6)
months, suspended for a period of one (1) year." The juvenile
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appeals the adjudication of delinquency on the ground that his due
process rights under our Constitution were viola·ted when the trial
court applied the clear and convincing standard of proof rather
than proof beyond a reasonable doubt. As support for his position,
the juvenile cites to Article I, Section 5 (the due process
1
provision), and Section 4(j) of our Constitution, and to Rule
2
6(4), Com.R.Juv. Del.Proc.
On November 2, 1990, the government filed a Statement of
Counsel that "The Government intends on conceding the issue on
appeal raised by the appellant in his brief. " At the hearing on
the government's motion to dismiss the appeal for lack of
jurisdiction, in response to our question of the meaning of
"conceding the issue, " the government admitted that the trial court
used the wrong standard in the adjudication of delinquency and
would not oppose the request of the juvenile to reverse and vacate
the adjudication of delinquency.
our constitutional due process provision is patterned after
the due process clause of the United States Constitution found in
1
In all criminal prosecutions certain fundamental
rights shall obtain.
j) Persons who are under eighteen years of age shall
be protected in criminal judicial proceedings and in
conditions of imprisonment.
211B�fore making an adjudication that the child is a delinquent
child • the court must be satisfied that all facts that are
• •
necessary to constitute a ground of delinquency under the Code,
have either been admitted or proved beyond a reasonable doubt. 11
(Emphasis added. )
412
the 14th Amend· nt. See "Analysis of the Constitution of the
Commonwealth of the Northern Mariana Islands," p. 20 {1976). This
Amendment has been made applicable to the Commonwealth pursuant to
Section 501(a) of the Covenant.3 The due process clause of the
14th Amendment to the u.s. Constitution prohibits a state from
depriving any person of life, liberty, or property without due
process of law. This has been interpreted by the United States
Supreme Court, in Re Winship, 397 U.S. 358, 90 S.Ct. 1063, 25
L.Ed.2d 368 (1970}, to also mean that when a juvenile is charged in
a delinquency proceeding with what would be a crime for an adult,
the charge must be proved beyond a reasonable doubt.
Our constitutional provision requires no less. This is
especially so because of the specific constitutional provision for
protection of minors in criminal j.udicial proceedings stated in
Article I, Section 4(j}. In our society, both Chamcrro and
Carolinian cultures, children are held in high esteem. Every
effort should be made to ensure that they are protected by due
process of law in any possible deprivation of lite, liberty, or
property. At a minimum, this is required under our concept of
fundamental fairness and protection for children.
Based on our constitutional due process provision, and on the
clear language of Rule 6(4), Com.R.Juv.Del.Proc., we hold that the
3covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America,
reprinted in CMC at B-101.
'1'1.)
adjudication of delinquency of the juvenile should be based on
proof beyond a reasonable doubt. The adjudication of deiinquency,
and any resulting orders, are hereby REVERSED and VACATED and the
matter is remanded with instructions to have a re-hearing applying
the correct standard of proof.
Jose S. Dela Cruz
Chief Justice
v--
esus c. Borja
Associate Justice
414