Carlos S. Camacho, Governor of the Commonwealth of the Northern Mariana Islands v. Civil Service Commission

I. BACKGROUND.

This case involves a separation of powers dispute between the executive and legislative branches of the government of the Northern Mariana Islands (“NMI”). At issue also is whether this court has jurisdiction to hear an appeal from a local law decision of the District Court for the NMI.

The origin of this case lies in an electoral switch in the November, 1979 general elections conducted in the Commonwealth of the NMI. Before the election, both parts of the bicameral legislature were controlled by the Territorial (Republican) Party. On November 4, 1979, the general election results changed the House of Representatives from a Territorial to a Democratic Party majority that would take office on January 14, 1980; the Senate remained controlled by the Territorial Party. Five days later, during the “lame duck” period, the then President of the Senate requested the Civil Service Commission and its Personnel Officer, Jesus Mafnas, to make determinations to classify employees of the First Commonwealth Legislature as members of the Civil Service System.

On November 19, 1979, the Commission approved Personnel System Rules and Regulations (“Rules”) for members of the…