Rule 9 Review of Superior Court Order of Release or Detention in Criminal Cases

(a) Release Before Judgment of Conviction.

(1) The Superior Court must state in writing, or orally on the record, the reasons for an order regarding the release or detention of a defendant in a criminal case. A party appealing from the order must file with this Court a copy of the Superior Court’s order and memorandum in support as soon as practicable after filing the notice of appeal. An appellant who questions the factual bases for the Superior Court’s order must file a transcript—audio or written—of the release proceedings or an explanation of why a transcript was not obtained.

(2) After reasonable notice to the appellee, this Court must promptly determine the appeal of the release or detention order on the basis of the papers, affidavits, and parts of the record that the parties present or the Court requires. Unless the Court so orders, briefs need not be filed.

(3) This Court may order the defendant’s release pending the disposition of the appeal.

(b) Release After Judgment of Conviction. A party entitled to do so may obtain review of a Superior Court order regarding release after a judgment of conviction by filing a notice of appeal from that order in the Superior Court, or by filing a motion in this Court if the party has already filed a notice of appeal from the judgment of conviction. Both the order and the review are subject to Rule 9(a). The papers filed by the party seeking review must include a copy of the judgment of conviction.

(c) Criteria for Release. The Court must make its decision regarding release in accordance with NMI Rule of Criminal Procedure 46. The defendant has the burden of establishing by clear and convincing evidence that he or she will not flee or pose a danger to any other person or to the community and that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial.