Attorney General Edward Manibusan has adopted new regulations granting prosecutors the authority to issue investigative subpoenas, moving forward after determining the rules were properly noticed under the CNMI Administrative Procedure Act and that all written public comments had been reviewed. The regulations were published Thursday and will take effect in 10 days.
The rules establish procedures for the use of investigative subpoenas, which allow prosecutors to compel documents or testimony before criminal charges are filed. The AG’s office said the authority is necessary to ensure thorough investigations and to help prosecutors decide whether charges are warranted.
“Investigative subpoenas are widely used across the United States by federal, state, and territorial agencies. They are essential for gathering facts, not only to establish guilt, but also to verify innocence,” Manibusan said.
The AG’s office rejected criticism that the authority is overreaching, saying the process is more likely to protect the innocent by quickly revealing when charges should not be pursued. Individuals served with a subpoena may challenge it in court through a motion to quash.
Manibusan said the regulations are intended to strengthen transparency and ensure that only well‑supported cases move forward.
“The Commonwealth must implement a transparent public process that enhances justice for victims and ensures that only well‑supported cases are prosecuted,” he said.
The regulations were published Jan. 15 and will become effective Jan. 25
