Peter-Palican

Peter-Palican v. Government of the Northern Mariana Islands

Good Law
695 F.3d 918·2012 WL 3590843·96 Empl. Prac. Dec. (CCH) 44,600·2012 U.S. App. LEXIS 17756
United States Court of Appeals for the Ninth CircuitAugust 22, 2012No. 10-17153California1,322 words

Opinion

Lead Opinion

Trott, J.

The Commonwealth of the Northern Mariana Islands and Governor Benigno R. Fitial (collectively, “the Commonwealth”) appeal the district court’s judgment in favor of plaintiff Emerenciana Peter-Palican. Peter-Palican alleges that she was terminated without cause 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 district court agreed, determining that Peter-Palican had a property interest in continued employment as the Special Assistant and was terminated without due process by the incoming governor.

Because the resolution of this case requires an interpretation of the Commonwealth Constitution, we certified questions to the Commonwealth Supreme Court and have now received its answer. Based on the meaning of Article III, section 22 as *919 determined by the final arbiter of Commonwealth law, we hold that Peter-Palican did not have a protected interest in continued employment beyond the term of the governor who appointed her. Therefore, her termination without cause did not violate the Due Process Clause, and the district court’s judgment cannot stand.

I

The relevant…

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