Peter-Palican
Peter-Palican v. Government of the Northern Mariana Islands
Opinion
Opinion
ORDER
The Commonwealth of the Northern Mariana Islands and Governor Benigno R. Fitial (collectively, “the Commonwealth”) appeal from the district court’s judgment in favor of Emerenciana Peter-Palican in Peter-Palican’s suit against the Commonwealth alleging that then-Acting Governor Timothy Villagomez terminated her from her position as Special Assistant to the Governor for Women’s Affairs in violation of Article III, section 22 of the Commonwealth Constitution. The United States District Court for the District of the Northern Mariana Islands held that Article III, section 22 guarantees that once a governor appoints a Special Assistant to the Governor for Women’s Affairs, that Special Assistant may never be terminated without cause — even beyond the term of the appointing governor. Relying on the Restatement (Second) of Torts, the district court held also that under Commonwealth law, there exists an implied private right of action for money damages against the Commonwealth for a violation of section 22.
We defer our consideration of this case and certify to the Commonwealth of the Northern Mariana Islands Supreme Court the legal questions dispositive of this appeal.