§1823 Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules

Summary

Before the Northern Mariana Islands gets its own appellate court, the U.S. district court must hear appeals from the islands’ local courts when the islands’ constitution or laws allow it. Local rules cannot stop the district court from reviewing any case that involves the U.S. Constitution, U.S. treaties or laws (including the Covenant to Establish a Commonwealth of the Northern Mariana Islands (90 Stat. 263)), actions by U.S. officers or agencies, or whether a local law, order, regulation, or government action follows U.S. law. Appeals in the district court are decided by an appellate panel of three judges. Two judges make a quorum and two must agree to decide the case. The judge appointed by the President leads the panel unless unable to serve. That lead judge picks the other judges, but no more than one may be a judge from a Northern Mariana Islands court of record. The lead judge alone can make orders before a hearing and can dismiss appeals for lack of jurisdiction or failure to pursue them. Final decisions can be appealed to the U.S. Court of Appeals for the Ninth Circuit, which may make rules needed to carry out these steps.