
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: 48USC1823]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                  CHAPTER 17--NORTHERN MARIANA ISLANDS
 
                     SUBCHAPTER II--JUDICIAL MATTERS
 
Sec. 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 district court shall have such appellate 
jurisdiction over the courts established by the Constitution or laws of 
the Northern Mariana Islands as the Constitution and laws of the 
Northern Mariana Islands provide, except that such Constitution and laws 
may not preclude the review of any judgment or order which involves the 
Constitution, treaties, or laws of the United States, including the 
Covenant to Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States of America (90 Stat. 263) 
(hereinafter referred to as ``Covenant''), or any authority exercised 
thereunder by an officer or agency of the Government of the United 
States, or the conformity of any law enacted by the legislature of the 
Northern Mariana Islands or of any orders or regulations issued or 
actions taken by the executive branch of the government of the Northern 
Mariana Islands with the Constitution, treaties, or laws of the United 
States, including the Covenant or with any authority exercised 
thereunder by an officer or agency of the United States.

(b) Appellate division of District Court; quorum; presiding judge; 
        designation of judges; decisions

    Appeals to the district court shall be heard and determined by an 
appellate division of the court consisting of three judges, of whom two 
shall constitute a quorum. The judge appointed for the court by the 
President shall be the presiding judge of the appellate division and 
shall preside therein unless disqualified or otherwise unable to act. 
The other judges who are to sit in the appellate division at any session 
shall be designated by the presiding judge from among the judges 
assigned to the court from time to time pursuant to section 1821(b)(2) 
of this title: Provided, That no more than one of them may be a judge of 
a court of record of the Northern Mariana Islands. The concurrence of 
two judges shall be necessary to any decision by the appellate division 
of the district court on the merits of an appeal but the presiding judge 
alone may make any appropriate orders with respect to an appeal prior to 
the hearing and determination thereof on the merits and may dismiss an 
appeal for want of jurisdiction or failure to take or prosecute it in 
accordance with the applicable law or rules of procedure.

(c) United States Court of Appeals for Ninth Circuit; jurisdiction; 
        appeals; rules

    The United States Court of Appeals for the Ninth Circuit shall have 
jurisdiction of appeals from all final decisions of the appellate 
division of the district court. The United States Court of Appeals for 
the Ninth Circuit shall have jurisdiction to promulgate rules necessary 
to carry out the provisions of this subsection.

(Pub. L. 95-157, Sec. 3, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98-454, 
title IX, Sec. 903, Oct. 5, 1984, 98 Stat. 1744.)

                       References in Text

    The Covenant to Establish a Commonwealth of the Northern Mariana 
Islands in Political Union with the United States of America, referred 
to in subsec. (a), is contained in section 1 of Pub. L. 94-241, set out 
as a note under section 1801 of this title.

                          Codification

    Section was formerly classified to section 1694b of this title.


                               Amendments

    1984--Pub. L. 98-454 designated existing provisions as subsec. (a), 
substituted provisions governing the appellate jurisdiction of the 
District Court prior to the establishment of the appellate court for 
former provisions which related to the appellate jurisdiction of the 
court and certain procedural matters which are covered under subsec. 
(b), and added subsecs. (b) and (c).


                    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.
