The Commonwealth of the Northern Mariana Islands (“CNMI”), an unincorporated territory of the United States, is served by one federal Article IV court, which means that the judges who serve on the court don’t have lifetime tenure but are instead appointed for ten year terms. As such, the court is currently serving without a senate confirmed judge since Chief Judge Ramona Villagomez Manglona’s term expired on July 28, 2021. Two years later, President Biden has renominated Manglona to serve an additional ten year term.

Background

A native of the Mariana Islands, Manglona was born in Saipan on February 26, 1967. She subsequently attended the University of California at Berkeley, graduating with a B.A. in 1990 and then worked in her family’s real estate business before receiving a J.D. in 1996 from the University of New Mexico School of Law.

After graduation, Manglona clerked for the Superior Court for the Commonwealth of the Northern Mariana Islands before joining the CNMI Attorney General’s Office in the criminal division. In 2001, Manglona shifted to the Civil Division and in 2002 was named Deputy Attorney General and later that same year became Attorney General (the first female attorney general in CNMI history).

In 2003, Manglona was named to the Northern Mariana Islands Superior Court. She held that position until 2011 when President Obama named her to succeed Judge Alex Munson on the U.S. District Court for the Northern Mariana Islands. While Manglona’s term expired in 2021, she still serves on the court pursuant to a law permitting her to hold the post until a successor is confirmed.

History of the Seat

Manglona has been reappointed to replace herself on the U.S. District Court for the Northern Mariana Islands. If confirmed, Manglona would serve an additional ten year term on the bench.

Legal Experience

Manglona has spent her entire career prior to taking the bench at the CNMI Attorney General’s Office. She has held a variety of positions with the office: the Criminal Division; the Civil Division; Deputy Attorney General; and as Attorney General. During this time, Manglona tried seven jury trials: five criminal; and two civil.

Manglona’s most notable criminal case involved the first prosecution for “shaken baby syndrome” in the Commonwealth. See Commonwealth v. Manila, Crim. No. 00-0509 (N.M.I. Super. Ct. Oct. 21, 2001). Manglona led the prosecution of the defendant who was convicted after a jury trial and sentenced to sixty years in jail. Her most notable civil jury trial was in a Section 1983 lawsuit brought against three police officers on charges of police brutality, which ended in a jury verdict for the defendants on the pending counts. See Cabrera, et al. v. CNMI Dep’t of Public Safety, et al., Civ. No. 00-0022 (D.N.M.I. Dec. 18, 2001) (Hon. Alex R. Munson).

Jurisprudence

From 2003 to 2011, Manglona served on the Northern Mariana Islands Superior Court, a court of general jurisdiction that hears both civil and criminal cases. Manglona was also retained in a 2007 election to a full six year term. Through her tenure, Manglona presided over approximately 150 cases. Among her notable cases, Manglona presided over a request by Kazuyoshi Miura (a business whose case was dubbed the “O.J. Simpson case of Japan”) who was challenging an arrest warrant and extradition order to California for trial for the murder of his wife in Los Angeles. See In re Extradition Matter of Kazuyoshi Miura, Crim. No. 08-0030C (N.M.I. Super. Ct. Sept. 15 2008). Manglona denied Miura’s motion for a writ of habeas corpus and authorized his extradition to California.

As part of her role, Manglona also sat as Justice Pro Tem on the Guam Supreme Court and as a Judge Pro Tem on the Guam Superior Court.

Since 2011, Manglona has served as the Chief Judge of the U.S. District Court for the Northern Mariana Islands. Of her notable decisions in that court, Manglona held that a limitation issued by the Commonwealth limiting voting in certain elections to individuals of “Northern Marianas descent” constituted a race-based restriction in violation of the Fifteenth Amendment. See Davis v. Commonwealth Election Comm’n, 844 F.3d 1087 (9th Cir. 2016). This decision was affirmed by the Ninth Circuit. See id. In another notable decision, Manglona held that a challenge by environmental groups to the relocation of training ranges onto Guam was barred by the “political question” doctrine. See Tinian Women Ass’n v. United States Dep’t of Navy, 976 F.3d 832 (9th Cir. 2020). The Ninth Circuit affirmed the dismissal, but held that it should be for lack of standing, finding that the relocation was based on a treaty with Japan, which rendered the claims non-redressable. See id. at 834.

Overall Assessment

In 2011, Manglona was unanimously confirmed by the Senate to serve on the federal bench on the Northern Mariana Islands. Her record reflects little that should change that assessment. While judicial confirmation is significantly more partisan today than it was even a decade ago, a failure to confirm Manglona would not keep her off the bench as she could continue to serve until a successor was confirmed. As such, it is likely that, while Manglona will likely attract more opposition today than she did in 2011, she will likely be confirmed in due course.