Charles N. Henry - an American who is chief justice of the High Court for the Republic of the Marshall Islands - was perturbed but not terribly concerned when his biweekly paycheck failed to arrive while he was in California visiting an ailing relative in October.

It was only when he called his clerk about the delay that he learned his problem was far more serious and would soon land him in a courtroom on the wrong side of the bench.

A criminal complaint had been filed against Henry by the Marshall Islands attorney general, charging him with the crime of "cheating." He was accused of taking $14,000 worth of trips at government expense to judicial events in the United States, Singapore and Australia without proper authorization.

If convicted of the charges, Henry quickly computed, he could spend 32 1/2 years in jail.

Attorney General Atbi A. Riklon charged that the judge was permitted to take no more than a single trip to a conference annually, but Henry said his contract with the Pacific island country permitted him to take "at least" one trip a year.

Suspects retaliation

The judge said he is convinced the charges are retaliation for his efforts to thwart widespread abuses in the adoption of Marshallese children in the United States.

"A cursory examination of the charges reveals nothing more than a contract disagreement. I completely deny any violation of my contract. I have certainly not committed any criminal act," the judge said in a Nov. 4 letter to Sen. John McCain, the Arizona Republican.

Henry is urging McCain and other members of Congress to delay approval of a nearly $1 billion aid agreement for the Marshall Islands until its government agrees to strengthen human rights provisions. He mentioned his case as one example of widespread abuses, which he said need to be remedied.

The Republic of the Marshall Islands, a former U.S. trust territory in the Pacific, gained independence in 1986 but is heavily dependent on American aid and technical assistance. The country still commonly employs U.S. citizens such as Henry in government positions.

Shortly before the charges against Henry were filed, the judge said he contacted Utah state officials to discuss his concerns about recent adoptions that he regarded as suspect.

"I don't have a smoking gun, but I highly suspect it has to do with adoption issues," Henry said, adding he is convinced the charges were "a deliberate attempt to remove me."

In a written statement, officials of the Marshall Islands embassy emphatically denied Henry's accusation that the charges against him were related in any way to his stand on the adoption issues.

It said the island government appreciated the judge's efforts on adoption issues, "However, the judge's performance as a jurist does not justify any fiscal management irregularities that may have occurred."

According to the statement, a judicial investigation led to charges being referred to the attorney general, who "determined that charges were warranted."

"The judge will get his day in court just like anyone charged with an offense," the statement said.

Marshallese adoptions by American couples have come under increasing scrutiny.

Josepha Maddison-Hill, a child rights officer within the Internal Affairs Department in Majuro, the Marshall Islands capital, said parents are often solicited by Americans who bribe them to give up their children. The U.S. Immigration and Naturalization Service has acknowledged that there have been serious problems.

There have also been charges that some adoption agencies have used provisions of the Compact of Free Association that regulates ties between the Marshalls and the United States to bypass the normal court and government control over adoptions. The compact also permits island citizens to enter the United States without visas.

Officials of the Marshall Islands embassy said their government was working with U.S. counterparts on the adoption issues "to reach a satisfactory result."

Henry, 58, had served seven years as a Superior Court judge in Siskiyou County, in northern California near Mount Shasta, when he decided nearly two years ago to make a drastic geographic career shift. He announced he would not seek re-election to the Superior Court and shortly afterward accepted a job as the chief justice.

When he returned to the Marshall Islands early last month to face the charges, he learned that not only had his pay been cut off but that he was barred from leaving the country.

Henry and his family soon began a letter-writing campaign to members of the U.S. Congress saying the charges were false and the action against the judge was one of many examples of human rights violations in the island republic.

He said the trips he took were all approved in advance by the Marshall Islands government.

"All those forms were filled out and approved. It was all up front," he said. "And it was approved. ... What's happening right now, I can't tell you. I don't understand it."

He said there is nothing in his contract barring him from taking more than one trip a year, maintaining that one is the minimum permissible.

3 charges dismissed

The judge presiding over Henry's case ruled last month that the attorney general had failed to provide "one iota of evidence" to back up three of the seven charges. He dismissed the charges relating to the trips to Australia and Singapore and also lifted Henry's travel ban, permitting him to leave the Marshalls for the United States. Henry's paychecks were also supposed to resume.

But Henry said his checks were cut off again last week without explanation. And because of the pending charges, he is barred from returning to the California bench as a senior judge. "They've got me at both ends," Henry said.

He still faces trial, beginning Jan. 13, on the four remaining charges and a possible multiyear prison sentence.

Henry said he is urging members of Congress to insist on amendments to the Compact of Free Association that will ensure that others "won't have to endure what I'm going through."

He acknowledged that the compact, which will soon be submitted for congressional approval, "is very important to the viability of the country. I would very much like the compact to go through. The problem is that you are dealing with a government that is corrupt."