
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1821]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                  CHAPTER 17--NORTHERN MARIANA ISLANDS
 
                     SUBCHAPTER II--JUDICIAL MATTERS
 
Sec. 1821. District Court for the Northern Mariana Islands


(a) Establishment; judicial circuit; terms of court

    There is established for and within the Northern 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 circuit 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 designate 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 
Islands who shall hold office for the term of ten years and until his 
successor is chosen and qualified, unless sooner removed by the 
President 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 Circuit of the United 
States may assign justices of the High Court of the Trust Territory of 
the Pacific Islands or judges of courts of record of the Northern 
Mariana Islands who are licensed attorneys 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 temporarily as a judge in the District Court for the Northern 
Mariana Islands whenever such an assignment 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 
position, 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 titles \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 therefrom; 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 
Mariana Islands to act therein.
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    \1\ So in original.
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(Pub. L. 95-157, Sec. 1, Nov. 8, 1977, 91 Stat. 1265; Pub. L. 98-454, 
title IX, Sec. 901, Oct. 5, 1984, 98 Stat. 1744.)

                       References in Text

    The Covenant, referred to in subsec. (c), is the Covenant 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, as amended, which is classified 
generally to subchapter I (Sec. 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, Sec. 901(a), substituted ``for 
a term of ten years'' for ``for a term of eight years''.
    Subsec. (b)(2). Pub. L. 98-454, Sec. 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, Sec. 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 appropriate, 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 applicable 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 persons as may be 
authorized by the laws of the Northern Marianas to act therein.''


                    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 thereunder.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of this title.


                  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.

                  Section Referred to in Other Sections

    This section is referred to in section 1823 of this title.
