THE BAR OF AMERICAN SAMOA
(With links to pertinent documents)
Bentley Adams*
Former President, American Samoa Bar
Association
Organization of the Bar
The American Samoa Bar Association is the official organization for attorneys and legal practitioners who practice law in the Territory of American Samoa. It was created by an Act of the Fono, the legislative body of American Samoa, in l970 to "improve the administration of justice". See A.S.C.A. Sec. 31.0110; 1970, PL 11-111. The Act provides "[a]ll persons admitted to the practice of law on a regular basis before any division of the High Court of American Samoa shall be members of the Bar Association." Under the provisions of American Samoa Code Annotated Section 31.0101 the Chief Justice of the High Court of American Samoa has the power to adopt reasonable rules and regulations to examine, admit and reinstate attorneys and practitioners to practice law in American Samoa. The Court has adopted Rules of Admission. Under the Court's rules the Bar of American Samoa is "intergrated in that every person who has been admitted to practice law must maintain membership in the Bar Association [ and] [o]nly a member of the Bar Association may practice law in American Samoa." Rule 140, Rules of Admission, High Court of American Samoa. (Hereinafter "Rules of Admission").
Classes of Membership and Dues
"Any person admitted to the Bar who practices law in American Samoa and who is not an honorary member shall be an active member of the Bar Association. Only active members may practice law or vote in Bar Association meetings." Article I, Section 1, Bylaws of the American Samoa Bar Association. Membership dues are $75.00 per year for active members. "Any person admitted to the Bar who is not a judge and who does not practice law in American Samoa may be an inactive member." Article III, Section I, Constitution of the American Samoa Bar Association. The dues for inactive members of the association are $35.00 per year. Judges and distinguished non-resident lawyers may be elected honorary members. No dues are assessed against Honorary Members. See Article II, Section I, Bylaws of the American Samoa Bar Association. Members must postmark or deliver their dues no later than January 1 of each year in order to avoid a late fee of $25.00. Members must pays all dues and late fees no later than March 1 of each year or they are in jeopardy of losing their license to practice in the territory.
Residency Requirement
The High Court has concluded that while the Rules of Admission of the High Court "do not specifically set forth any length of time for resident [sic] prior to seeking admission to practice , it is clear that one must, of course, be a resident in order to apply for admission" to the Bar. Letter of the Hon. Thomas W. Murphy, Chief Justice of the High Court of American Samoa to the Standing Committee on Admissions, November 13, 1981. Applications for admission to active membership made by non-resident attorneys from other states have been denied by the Court. See In Re Applications of Skeels and Huff , Hon. F. Michael Kruse, Chief Justice, May 17, 1995.
Standing Committee on Bar Admissions
Pursuant to statutory authorization the Chief Justice of the High Court of American Samoa has established a Standing Committee on Bar Admissions. The purpose of the committee is "to investigate and determine the qualifications of applicants and to make recommendations to the Chief Justice concerning the admission of applicants." Rules of Admission, Rule 133. "The Standing Committee may require the applicant to submit letters of character reference, or may require any other investigation deemed appropriate, including consideration of a report from the National Conference of Bar Examiners. The applicant bears the expense of any investigation up to the amount of $125." Rules of Admission, Rule 136.
Qualifications for Admission
"Every applicant for membership to the Bar of American Samoa must be of good moral character. The term 'good moral character' includes qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibility, observance of the laws of American Samoa and the United States, and respect for the rights of others and for the judicial process." Rules of Admission, Rule 135.
"The applicant must demonstrate
the necessary qualifications of learning and ability by proof of having been
admitted to practice law before the highest court of record of a State or
Territory of the United States or of a foreign country where the English common
law forms substantially the basis of that country's jurisprudence, and where
English is the language of instruction and practice in the courts of that
jurisdiction; provided that
such prior Bar admission was premised upon proof of graduation from an
accredited law school and successful completion of a bar examination or of
equivalent indicia of learning and ability. (emphasis supplied)." (1)
"The fact that an applicant has practiced for a period of 2 years or more before the highest court of record in a State, Territory of the United States, or of a foreign country where the English common law forms substantially the basis of that country's jurisprudence, where English is the language of instruction and practice in the courts of that jurisdiction, and which State, Territory, or country extends reciprocity to American Samoa is prima facie evidence of the applicant's fitness to practice law in American Samoa and to be admitted to the Bar on reciprocity, reserving to the Standing Committee the power to review such circumstances as might be necessary." Rules of Admission, Rule 138.
"A person who is not a member of the
American Samoa Bar but who is a member in good standing of and eligible to
practice before the highest court of record in any State, Territory of the
United States or of a foreign country where the English common law forms
substantially the basis of that country's jurisprudence, where English is the
language of instruction and practice in the courts of that jurisdiction and
which state, Territory, or country allows members of the American Samoa Bar to
appear Pro Hac Vice, may at the discretion of the
Chief Justice, be permitted, upon written application, to appear as Counsel Pro
Hac Vice. However, an active member of the American
Samoa Bar Association must be associated as Attorney of Record, upon whom
service of process may be made and with whom the judge and opposing counsel may
communicate concerning the action. A person permitted to appear as counsel Pro Hac Vice pursuant to this rule is subject to the
jurisdiction of the High Court with respect to the Disciplinary Rules to the
same extent as a member of the American Samoa Bar Association." Rules of Admission, Rule 145.
Application Procedure
"Any person seeking admission to the
practice of law in American Samoa must file with the Clerk of Courts a formal
application in a form furnished by the Clerk, which must be made under oath and
must contain such information relating to the applicant's age, social security
number, residences, addresses, citizenship, occupations, general education,
Legal education, and moral character. Each application must be accompanied by a
$50.00 filing fee payable to the American Samoa Bar Association."
[Comment: the fee is now $100.00.] Rules of
Admission, Rule 134. Click here for
the form.
Endnotes:
1. Rules of Admission, Rule 137. In practice the emphasized
language has been held by the High Court to require persons seeking admission
to the Bar to have graduated from a law school accredited by the American Bar
Association and passed the bar examination of a United States state or
territory. The Bar of American Samoa consists of
attorneys and "Legal Practitioners". These non-attorney legal
practitioners were admitted to the Bar prior to the adoption of Rule 143 of the
Rules of Admission which became effective on February 11, 1981. The rule
provides as follows: "(a) Only those legal
practitioners currently members of the American Samoa Bar Association are
permitted to practice law. No new legal practitioners will be admitted to the
Bar in the future. (b) No legal practitioner may form a professional
association or a professional corporation.(c) No legal
practitioner may be associated with an attorney. However, an attorney may use
the services of a legal practitioner on a case by case basis. (d) Legal
practitioners may not advertise as "legal counsel",
"counselor", "Law office of " or
otherwise infer in any advertisement that he or she is an attorney. (e) Legal
practitioners may use the letters "L.P." after their names for the
purpose of denoting his or her profession. (f) Legal practitioners are
authorized to practice only in the Land Titles Division of the High Court, in
adoption matters in the District Court, and in all matters in the Village
Courts. (g) Legal practitioners are permitted to practice in the Appellate
Division of the High Court in those Appeals originating in the Land and Titles
Division of the Court."
*With updates on
membership dues and fees by Andrew Stave