§1823 Appellate Jurisdiction of District Court; Procedure; Review by United States Court of Appeals for Ninth Circuit; Rules

Summary

Until the Northern Mariana Islands creates its own appeals court, the federal district court will hear appeals from its local courts. The islands’ constitution and laws can decide which cases go to the district court, but they cannot stop the federal court from reviewing any decision that involves the U.S. Constitution, U.S. treaties or laws (including the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States), or any action by a U.S. officer or agency, or any question about whether local laws or government actions follow U.S. law or the Covenant. Appeals in the district court are decided by a three-judge panel. Two judges make a quorum. The judge appointed by the President leads the panel and picks the other judges from those assigned to the court, but no more than one pick may be a judge of a Northern Mariana Islands court of record. Two judges must agree to decide a case on the merits. The lead judge alone can make orders before the hearing and can dismiss an appeal for lack of power or for failure to file or pursue it properly. The U.S. Court of Appeals for the Ninth Circuit can hear appeals from final panel decisions and may make rules needed to carry this out.