At ‘tipping point,’ judges call on next generation to uphold rule of law

09/25/2025 - Inside the U.S. District Court of the Northern Mariana Islands last Sept. 23, the rows of students, lawyers, and community members who packed the courtroom leaned in as three of the most powerful jurists in the country shared something rare—not just their rulings, but their lives.

Ninth Circuit Chief Judge Mary Murguia, joined by Circuit Judges M. Margaret McKeown and Johnnie Rawlinson, presided over oral arguments that morning. But it was their afternoon exchange—part mentorship, part testimony—that electrified the audience.

“We are at a tipping point in our country,” Rawlinson told the students. “We have to make sure that the rule of law prevails, and the promise of independence that our forefathers wrote into the Constitution is realized in real life.”

Rawlinson, who grew up in segregated North Carolina, recalled being thrust into history as one of the Black teenagers integrating her high school in the wake of Brown v. Board of Education. That experience, she said, prepared her to later become Nevada’s first judge of color. 

“Having had the experience of integrating a high school, I was prepared to be the first. And I knew that would come with some challenges,” she said, urging the next generation to meet hostility with excellence and perseverance.

Speaking to students in the courtroom, Murguia said the law is an honorable profession and is a valuable and effective force in countering forces that might challenge the rule of law in the U.S. 

“We must do that right now, and so I would very much argue in support of a law degree. I think a lot of folks who are lawyers here may be nearing retirement. We need to infuse that group. They have a wonderful experience that young lawyers can learn from. But I think there is a real need to have the presence of lawyers in your community.”

McKeown, the Wyoming-born jurist who chairs the Ninth Circuit’s Pacific Islands Committee, told her own story of walking into her first law office decades ago only to be mistaken for the Xerox operator. 

“You can doubt yourself internally,” she said, “but don’t let others know you’re doubting yourself because they'll see through you, and then they'll roll over you...and then the other thing I think I would say is you have to use humor selectively because it disarms people.”

Murguia spoke softly but with conviction, drawing on her Kansas upbringing as the daughter of Mexican immigrants. Her parents taught her: Aquí en los Estados Unidos, el sol sale para todos—“Here in the United States, the sun shines for everyone.” 

That lesson, she said, carried her to become the first Latina to serve as chief of the nation’s largest circuit. “When confronted with unkindness, respond with kindness,” she advised. 

She also said she wouldn’t have attained her position without the help of a lot of people.

“You have to rely on the support of other people, including Anglo males who were very kind to me and who opened doors for me. So, I don't want to come across like you have to have this attitude that you are in battle the whole time. Because I have benefited greatly from others,” she said.

The judges’ message resonated with students involved in mock trial and moot court programs. Several asked pointed questions about threats against judges in today’s polarized climate. 

Rawlinson responded firmly, “It's very important that we uphold the rule of law, and we take an oath to do that. And despite whatever threats may come our way, we cannot let that interfere with the results of our decision. It's unfortunate that recently some folks have taken to attacking judges personally and threatening them.” 

Murguia added that part of lowering tensions is educating the public about how courts really work. 

“One of the ways that many people can kind of lower the temperature on the attacks on the judges is to share their knowledge about how the judicial system works. So that people know that the judicial system is not governed by politics. That we have taken an oath to follow the law, and that's what we do.”

As the session closed, McKeown reminded the audience that the law is not just about restrictions. “It's a fantastic tool, and you can do so many things with it. And I agree with judge Rawlinson. We're at a point in our country where we need lawyers to stand up for the rule of law,” she said. 

Rawlinson added that her favorite part of the job remains mentoring new law clerks, “to introduce them to people who are to professional law from our chambers, and they get an opportunity to delve deeply into the law and develop a love for the law.” 

Murguia agreed, emphasizing that the true reward of judging lies in the relationships built along the way.

“In the end I would tell you that you can work hard and do everything you can, but it's the relationships that you develop with people along the way that are going to make you respond as to whether you're gratified with what you're doing or not,” she said.

Before the Ninth Circuit judges dispensed their invaluable knowledge to the packed “captive audience”—their own words—they presided over oral arguments in three cases.

The first case was USA vs. Sablan, wherein the defendant, Rudy Sablan, challenged the calculation of credit for time served after the revocation of his supervised release. His attorney argued Sablan overserved about 112 days in custody due to overlapping state and federal cases. The government countered that while over-served time could be considered, the proper remedy should come from the district court under supervised release statutes.

In USA vs. Weng, the government appealed the district court acquittal of Weng Mei-Fang, who had originally been convicted by a jury for conspiring to transport illegal aliens. Prosecutors argued Weng played a leadership role—handling money, arranging meetings, and recording transactions—while defense attorneys maintained her actions reflected only personal travel, not intent to smuggle others.

Finally, in USA vs. Yang, defendant Yang HongJiang appealed his conviction for conspiring to transport illegal aliens, including his wife. His defense argued that paying for his wife’s passage was akin to incidental family conduct and should not fall under federal conspiracy law. Prosecutors responded that the trip’s sole purpose was to further unlawful presence in Guam, which made Yang culpable despite his wife’s later retroactive legal status in the CNMI.

The oral arguments and talk by the Circuit judges were part of Day 1 of the three-day Joint Annual NMI District Court Conference & Pacific Judicial Council Mid-Year Conference.

As the summit continued, opening remarks were delivered by U.S. District Court of the Northern Mariana Islands Chief Judge Ramona Manglona and Chief Judge Mary Murguia, along with updates from the NMI Bar Association and Criminal Justice Act Plan, capped by the professionalism award presentation to former chief judge Alex R. Munson.

As the confab continued, this time at Crowne Plaza Resort & Spa Saipan, Judge M. Margaret McKeown led a session on the promises and challenges of artificial intelligence in the legal field.

A panel of federal judges and legal scholars then introduced statutory and constitutional interpretation, distinguishing interpretation from construction. Judges from Guam, CNMI, and FSM then discussed cultural and legal contexts in pretrial detention and release practices.

The day then ended with a no-host social and an invitation-only welcome reception.

Report by Mark Rabago