IX. RULES OF ADMISSION.

RULE 131. TITLE. These rules shall be known as the Rules of Admission and cited as ____________HCR.

RULE 132. PURPOSE. These rules are enacted to protect the public by ensuring that only qualified and competent individuals are admitted to practice law in American Samoa.

RULE 133. BAR ADMISSIONS COMMITTEE. The Chief Justice shall create a Standing Committee on Admissions to investigate and determine the qualifications of applicants and to make recommendations to the Chief Justice concerning the admission of applicants.

RULE 134. APPLICATION. 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.

Effective April 7, 1983.

RULE 135. MORAL CHARACTER. Every applicant 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.

RULE 136. INVESTIGATION OF MORAL CHARACTER. 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.

RULE 137. EDUCATION. 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.

Effective August 29, 1989

RULE 138. RECIPROCITY. 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.

RULE 139. OATH OF ADMISSION. Upon meeting the requisite qualifications for admission, an applicant is admitted to the Bar by taking an oath to support the Constitution of the United States of America and the Revised Constitution of American Samoa and by taking the oath of office as an Attorney and Counselor of law.

RULE 140. INTEGRATED BAR. The Bar is integrated in that every person who has been admitted to practice law must maintain membership in the Bar Association. Only a member of the Bar Association may practice law in American Samoa.

RULE 141. PROFESSIONAL ASSOCIATION. Only attorneys as set forth in these rules may associate for the purpose of the practice of law.

RULE 142. PROFESSIONAL CORPORATIONS. A corporation organized under the laws of American Samoa by attorneys desiring to practice law within such corporation, must file an application with Standing Committee. In addition:

(a) For a corporation to be licensed as a professional legal corporation, each shareholder, director, and officer of the corporation must be licensed to practice law in American Samoa. Each employee of the corporation who will practice law in American Samoa must be licensed to practice law in American Samoa.

(b) The shares of a corporation owned by a person who dies or becomes disqualified to practice law must be acquired by the corporation, by its remaining shareholders, or by one or more persons licensed to practice law within 90 days of the person's death or disqualification.

(d) The requirements of sections (a), (b), and (c) of this rule must be set forth in the corporation's articles of incorporation, by-laws, and share certificates.

(e) The corporate name of every such corporation must include the name of the shareholder and if there is more than one shareholder, either the names of all or the name of one or more and the words "& Associates", followed by the words: "A Professional Corporation."

(f) Nothing in this rule affects or impairs the disciplinary powers of the Court over any person licensed to practice law in American Samoa.

RULE 143. LEGAL PRACTITIONERS.

(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.

Effective February 11, 1983

RULE 144. LICENSES PREVIOUSLY ISSUED. Nothing in these rules shall be construed to rescind any license, previously issued, to practice law.

RULE 145. COUNSEL PRO HAC VICE. 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.

RULE 146. OFFICIALS PROHIBITED FORM PRACTICING LAW. The Speaker of the House, the President of the Senate, the Governor, and the Lieutenant Governor are prohibited from practicing law in American Samoa during their terms in office.