JUDICIAL
Chapters:
02
High Court
05 Family,
Drug and Alcohol Court
06-09 (Reserved)
Revisor’s Comment: Section 3.1301 of Code of American Samoa, 1961
Ed., was entitled “interpretation of Sections” and provided: “The provisions
of chapters 3.01, 3.02, 3.03, 3.04 and 3.05 of this title, to the extent that
they are substantially similar to previously existing provisions of the Code,
shall be regarded as continuations thereof and not as new enactments. The tenure
of the Chief Justice of American Samoa, the Associate Judges and officers and
employees of the High Court, in office on the date this title is enacted shall
not be affected by the provisions of this title, but each of them shall
continue to serve in the same capacity under the appropriate provisions of
this title.”
Chapters 3.01 to 3.05 referred to above are in
chapters 3.01, 3.02, 3.04 and 3.10 of this title except that §§ 3.0403 to
3.0407, 3.0501 to 3.0505 and 3.0508 are in Title 15.
Chapter 01
GENERAL PROVISIONS
Sections:
3.0101 Vesting of judicial power.
3.0102 Administration
of judiciary.
3.0103 Jurisdiction of court.
3.0104 Court
proceedings to be public.
3.0105 Disposition of fines
and costs.
3.0106 Judicial council.
3.0101 Vesting of
judicial power.
The
judicial power of
History: 1969, PL 11-54; amd 1979, 16-28 §
3.
Amendments: 1979
Deleted provision for district court in each village and added provisions for a
district court, and for a village court in each village.
Case Notes:
There is no provision of the American Samoa Code
which gives any Court in the Territory, or any division or department of any
court, either expressly or by implication, in rem admiralty and maritime
jurisdiction. Vessel Fijian Swift v. Trial Division, 4 ASR 983 (1975).
3.0102 Administration
of judiciary.
The judicial branch of the government,
which by the terms of the Constitution is independent of the executive and
legislative branches, shall be under the administration and supervision of the
Chief Justice of American Samoa.
History: 1962, 7-36;
1969, PL 11-54.
3.0103 Jurisdiction
of court.
(a) A court may exercise personal jurisdiction in
civil cases over persons residing or found in
(b) Any person, firm or corporation, whether or
not a citizen or resident of this Territory, who, in person or through an
agent, takes any of the following actions, thereby submits, and if a
corporation, submits its personal representative, to the jurisdiction of the
courts of this Territory, as to any cause of action, suit or proceeding arising
out of such action:
(1) the transaction of any business within this
Territory;
(2) the commission of a tortious act within this
Territory;
(3) the ownership, use, or possession of any real
estate in this Territory;
(4) contracting to insure any person, property or
risk within this Territory at the time of contracting.
(c) Criminal cases shall be prosecuted and tried
only in a court having Territorial jurisdiction over the place where the crime
was committed.
History: 1962, PL 7-36; 1969,
PL 11-54; 1970, PL 11-106.
Case Notes:
There is no provision of the American Samoa Code
which gives any Court in the Territory, or any division or department of any
court, either expressly or by implication, in rem admiralty and maritime
jurisdiction. Vessel Fijian Swift v. Trial Division, 4 ASR 983 (1975).
In rem admiralty and maritime jurisdiction in the
Trial Division of the High Court cannot be grounded upon “the necessity and
importance of in rem Admiralty jurisdiction. in the orderly administration of
justice in this maritime Territory”; such determination is for the Legislature.
Vessel Fijian Swift v. Trial Division, 4 ASR 983 (1975).
The High Court has in personam jurisdiction over
admiralty and maritime causes of action, even though it does not have in rem
admiralty and maritime jurisdiction, and in the enforcement of such personal
liability, a vessel or other goods or chattels or credits, may be seized,
attached and levied upon; and the Federal Rules of Civil Procedure,
Supplemental Rules for Certain Admiralty and Maritime Claims, are on their face
applicable in such personam cases, insofar as they are consistent with the
court’s statutory jurisdiction. Vessel Fijian Swift v. Trial Division, 4 ASR
983 (1975).
3.0104 Court proceedings
to be public.
The
proceedings of every court shall be public, except when otherwise ordered by
the court for good cause.
History: 1962, PL
7-36.
3.0105 Disposition of fines and costs.
The
Clerk of the High Court shall periodically transmit to the Treasurer of the
Government all fines and costs collected in the High Court.
History: 1962, PL
7-36, 1969, PL 11-54.
3.0106 Judicial
council.
The
High Court shall provide for the appointment of a Judicial Council which shall
serve in an advisory capacity only. The Judicial Council shall give continuing
consideration to the administration of justice in the courts of the Territory.
It shall make reports and recommendations biennially to the High Court. The
Chief Justice shall be a member and chairperson of the Judicial Council. The
High Court shall appoint, from time to time, other members as it considers
necessary to be fairly representative, with a minimum number of 7, whose terms
shall be in accordance with the rules of the High Court. The members of the
Judicial Council shall include lay people as well as judges and lawyers. The
members of the Judicial Council shall receive no compensation for their
service, but they shall be reimbursed for their traveling and other expenses
incidental to attending meetings.
History: 1978, PL 15-104 § 1.
Chapter 02
HIGH COURT
Sections:
3.0201 Territorial jurisdiction.
3.0202 General powers.
3.0203 Power to punish contempt of authority.
3.0204 Court of record—Seal.
3.0205 Appointment of clerk and other officers.
3.0206 Duties of clerk.
3.0207 Divisions and sessions—Composition.
3.0208 Jurisdiction of divisions.
3.0209 Power to hear and determine cases.
3.0210 Role of associate judges.
3.0220 Appellate division—Composition.
3.0221 Appellate
division—Difference of opinion—Prevailing opinion.
3.0230 Trial division—Composition.
3.0231 Trial division—Difference of opinion—Prevailing opinion.
3.0232 Trial division—Petit jury.
3.0240 Land and titles division—Composition.
3.0241 Land and titles division—Difference of opinion—Prevailing opinion.
3.0242 Land and titles division—Rules.
3.0201 Territorial
jurisdiction.
The
jurisdiction of the High Court shall extend to the whole of
History: 1969, PL
11-54.
Case Notes:
High Court of American Samoa is not a District
Court within the meaning of the federal ship Mortgage Act, 46 U.S.C. § 951, and
ship foreclosure action is not allowed in the High Court. Star Kist Samoa, Inc.
v. M/V Conquest and Security Pacific National Bank, 3 A.S.R.2d 25 (1986).
3.0202 General powers.
(a) The High Court of American Samoa shall have
power to issue all writs and other process, make rules and orders, and do all
acts, not inconsistent with law or with the rules made by the Chief Justice of
American Samoa, as may be required for the due administration of justice, and,
without limiting the generality of the foregoing powers, may grant bail,
accept and forfeit security therefor, make orders for the attendance of
witnesses with or without documents, make orders for the disposal of exhibits
and punish for contempt of court.
(b) The trial and land and titles divisions of the
High Court shall have the power to give declaratory relief.
History: 1962. PL 7-36; 1969,
PL 11-54; amd 1979, PL 16-28 § 12.
Amendments: 1979
Section designated subsection (a), and subsection (b) added.
Case Notes:
Under this section, the Appellate Division of the
High Court, being a tribunal superior to the Trial Division of the High Court,
has the power to grant a writ or prohibition against the Trial Division. Vessel
Fijian Swift v. Trial Division, 4 ASR 983 (1975).
As the Court of last resort, the Appellate
Division of the High Court is responsible for securing order and regularity in
judicial proceedings within its Territorial and statutory jurisdiction; thus,
it may issue a writ of prohibition against the Trial Division of the High Court
if to do so would be in aid of appellate jurisdiction of the Appellate
Division. Vessel Fijian Swift v. Trial Division, 4 ASR 983 (1975).
There is no provision of the American Samoa Code
which gives any Court in the Territory, or any division or department of any
Court, either expressly or by implication, in rem admiralty and maritime
jurisdiction; therefore, it would be inconsistent with law for the High Court
to issue process for the arrest of a vessel and such action is not within the
Court’s power under this section. Vessel Fijian Swift v. Trial Division, 4 ASR
983 (1975).
3.0203 Power to punish
contempt of authority.
The
High Court of American Samoa shall have power to punish by fine or
imprisonment, at its discretion, contempt of its authority consisting of the
following:
(1) misbehavior of any person in its presence or
so near thereto that the misbehavior obstructs the administration of justice;
(2) misbehavior of any of its officers in their
official transactions; and
(3) disobedience or resistance to its lawful writ,
process, order, rule, decree, or command.
History: 1967, PL 10-27; 1969,
PL 11-54.
Case Notes:
Criminal contempt statute authorizing the executive to prosecute certain
conduct as criminal contempt of court does not limit court’s power to act on
its own under general contempt statute.
A.S.C.A. §§ 3.0203, 46.4617;
General contempt statute may give rise to criminal liability despite
existence of separate statute making certain acts criminal offenses. A.S.C.A. §§ 3.0203, 46.4617.
Contempt statute giving court power to punish
resistance or disobedience to court’s process should be construed to refer to
resistance or obstruction of the process by which the court conducts its
business, not just disobedience to subpoena or other paper requiring attendance
in court. A.S.C.A. § 3.0203.
Agreement between prospective witness in criminal proceeding and members
of the defendant’s family that defendant would leave the territory and victim
would refuse to testify constituted resistance to process of court within
meaning of contempt statute, even if “process” is construed narrowly to refer
to a subpoena and even though the agreement could not reasonably be
construed to mean that the witness would refuse to testify only if she received
no subpoena. A.S.C.A. § 3.0203.
Agreement between prospective witness and members of criminal defendant’s
family that defendant would leave the territory and witness would refuse to
testify, made after court’s order that defendant stand trial and with the
purpose of preventing the trial, constituted resistance to the court’s mandate
within the meaning of contempt statute.
A.S.C.A. § 3.0203.
3.0204 Court of
record—Seal.
The
High Court shall be a court of record and shall have a seal.
History: 1962, PL 7-36.
3.0205 Appointment of
clerk and other officers.
The
High Court shall have a clerk, interpreters, who may also be deputy clerks, a
marshal, deputy marshals, and such other employees as the Chief Justice may
deem necessary, all of whom shall be appointed by the Chief Justice, shall
receive salaries fixed by him, and shall be subject to removal by him.
History: 1962, PL
7-36; 1969, PL 11-54.
3.0206 Duties of clerk.
The
Clerk of the High Court shall record its proceedings and shall be the custodian
of the records, papers, and seal of the Court. He shall perform his duties
under the direction of the Chief Justice, and shall maintain his office in the
Court House in the
History: 1962, PL 7-36.
3.0207 Divisions and
sessions—Composition.
(a) The High Court shall consist of an Appellate
Division, a Trial Division and a Land and Titles Division.
(b) The High Court shall hold the regular sessions
of its Appellate, Trial and Land and Titles Divisions in the Court House in the
History: 1967, PL 10-17; 1968,
PL 10-62; 1969, PL 11-54; 1970, PL I1-116; PL
11-119; amd 1979, PL I6-28 § 13.
Amendments: 1979 Subsection
(a): deleted probate division. Subsection (b): deleted reference to probate
division at beginning in list of divisions and deleted “special” from before
“sessions of any division”.
Case Notes:
Even exercising discretion under subsection (a),
Chief Justice could not so enlarge jurisdiction of public health court to hear
case involving dogs. In re Dogs in
Tafuna, ASR (1978).
3.0208 Jurisdiction of
divisions.
(a) The trial division of the High Court shall be
a court of general jurisdiction with the power to hear any matter not otherwise
provided for by statute. Notwithstanding the foregoing, the trial division of
the High Court shall have original jurisdiction of the following classes of
cases and controversies:
(1) civil cases in which the amount in controversy
exceeds $5,000, except land and titles matters as provided in subsection (b);
(2) criminal cases in which a felony is charged;
(3) admiralty and maritime matters, of which the
trial division shall have both in rem and in personam jurisdiction;
(4) juvenile cases;
(5) the probate of wills and administration of
estates;
(6) domestic relations, except adoptions and
actions arising under the Uniform Reciprocal Enforcement of Support Act;
(7) all writs; and
(8)
all matters of which the trial division has jurisdiction by statute.
(b)
The land and titles division of the High Court shall have exclusive
jurisdiction:
(1) in
all matters relating to matai titles; and
(2) in all controversies relating to land.
(c)
The Appellate Division of the High Court shall have jurisdiction to review, on
appeal, final decisions of the trial and land and titles divisions of the High
Court, matters on appeal from the District Court as provided in 3.0309, appeals
of administrative decisions as provided in 4.1040 through 4.1044 and appeals of
other matters specifically provided for by statute.
History: 1962, PL 7-36; 1967, PL 10-17; 1968, PL 10-62;
1969, PL 11-54; 1969, PL 11-59; 1970, PL 11-116; 1970, PL 11-119;amd 1975, PL
14-18; 1979, PL 16-28 § 11; 1979, PL 16-53 § 6; amd 1985, PL 19-8 § 1.
Amendments: 1975 Subsection (a): provided for in rem
jurisdiction in admiralty and maritime matters.
1979 Subsection (a): PL 16-28 added first
sentence giving court general jurisdiction, and generally changed the specifics
of the court’s jurisdiction us remainder of subsection.
PL 16-53 took original jurisdiction in actions
under Uniform Reciprocal Enforcement of Support Act from court and provided
court did not have original jurisdiction of adoptions.
Subsection (b): deleted.
Subsection (c): deleted.
Subsection (d): redesignated as subsection (b)
and deleted lands and titles division’s jurisdiction over Samoan names and
titles, substituting jurisdiction over matai titles.
Subsection (e): deleted.
Subsection (f): redesignated as subsection (c),
and deleted probate appeal jurisdiction, and added jurisdiction over district
court appeals, administrative appeals and appeals of other matters provided
for by statute.
Paragraph (a) (6): deleted “including” and added
“except adoptions and”.
1985 Subsection (a)(1) deleted “$3,000” and added
“$5,000".
Case
Notes:
High Court jurisdiction “in all controversies
relating to title to land” granted by this section when read with longstanding
practice of referring all matters concerning communal land to land and titles
division, a practice the Fono is cognizant of, includes action to set aside a
lease. Tuilefano v. Beaver, ASR (1978).
There is no provision of the American Samoa Code
which gives any court in the territory, or any division or department of any
court, either expressly or by implication, in rem admiralty and maritime
jurisdiction. Vessel Fijian Swift v. Trial Division. 4 ASR 983 (1975).
The High Court has in personam jurisdiction over
admiralty and maritime causes of action, even though it does not have in rem
admiralty and maritime jurisdiction, and in the enforcement of such personal
liability, a vessel or other goods or chattels, or credits, may be seized,
attached and levied upon; and the Federal Rules of Civil Procedure, Supplemental
Rules for Certain Admiralty and Maritime Claims, are on their face applicable
in such in personam cases, insofar as they are consistent with the court’s
statutory jurisdiction. Vessel Fijian Swift v. Trial Division, 4 ASR 983
(1975).
In rem admiralty and maritime jurisdiction in the
Trial Division of the High Court cannot be grounded upon “the necessity and
importance of in rem Admiralty jurisdiction . in the orderly administration of
Justice in this maritime Territory”; such determination is for the legislature.
Vessel Fijian Swift v. Trial Division. 4 ASR 983 (1975)
Subsection (a)(3) does not confer on the High
Court or trial court the power to enjoin other related actions in United States
District Courts. It does, however, include the admiralty law principle of
limiting a shipowner’s liability to its interest in the vessel and its freight
Interocean Ships, Inc. v. Afamilionia Fa’atasiga, App. No. 32-84 (11/19/85): In
the matter of Inter. Ocean Ships, Inc., C.A. No. 34-84 (4/21/86).
High Court of
Once bankruptcy case is filed, High Court cannot
subsequently accept filing of suit over same property, Rainwater v. M/V Sea
Encounter, 3 A.S.R.2d 87 (1986).
The High Court of American
Samoa has in rem admiralty jurisdiction.
A.S.C.A. § 3.0208(a) (3).
Rainwater v. The Sea Encounter, 3 A.S.R.2d 87 1986).
Local statute granting
admiralty jurisdiction to High Court allows Court to apply substantive
principles of the maritime common law, even though Congress has never directly
and specifically conferred admiralty jurisdiction upon High Court. A.S.C.A. § 3.0208(a) (3). Gray,
3.0209 Power
to hear and determine cases.
(a) The Chief Justice or the Associate Justice
shall have power to hear and determine alone any preliminary or supplementary
matter in any case before the appellate, trial, or land and titles divisions of
the High Court and to enter an order with respect thereto, including an order
of dismissal where the dismissal is not contested or where a plaintiff has
moved for dismissal and the defendant has not filed a pleading.
(b) In the land and titles division, a decision
must be rendered in a case within 60 days from the submission of the case for
decision by the court.
History: 1962, PL 7-36; 1969, PL 11-54; 1970, PL 11-116;
1970, PL 11-119;amd 1977, PL 15-3; 1978, PL 15-84 § 3; PL 15-104 § 4; amd 1979,
PL 16-28 § 14.
Amendments: 1977 Subsection (b): added.
1979 Subsection (b): “submission of the case for
decision by the court” was substituted for “close of the case”.
Case Notes:
A single justice has the
authority to issue an alternative writ, schedule a hearing, and set a briefing
schedule; however, resolution of substantive issues, other than in connection
with any preliminary or supplementary matter, requires a quorum of two justices
and one associate judge. A.S.C.A. §§
3.0209, 3.0220. In re Complaint of
Voyager, Inc., 24 A.S.R.2d 90 (1993).
3.0210 Role of associate
judges.
The
associate judges shall be entitled to be heard on all questions before any
division of the High Court and to examine any party or witness in the
proceedings, and shall also advise the court on such questions as the court may
refer to them.
History: 1969, PL
11-54; amd 1979, PL 16-28 § 15.
Amendments: 1979 made section applicable to questions before
any division of the court rather than just the land and titles division.
3.0220 Appellate
division—Composition,
The
appellate division shall consist of the Chief Justice, the Associate Justice,
Acting Associate Justices appointed by the Secretary of the Interior, and all
the associate judges. Sessions of the appellate division shall be held before
3 justices and 2 associate judges, the presence of 2 of the justices and 1
associate judge being necessary to constitute a quorum for the trial and
determination of a case or controversy.
History: 1967, PL
10-17; 1968, PL 10-62; 1969, PL 11-54; 1970, PL 11-1 16; PL 11-119;amd 1978, PL
15-60; PL 15-84 § 2; PL 15-104 § 3; amd 1979, PL 16-28 § 13.
Amendments: 1978 Added references to Acting Associate Justices;
moved comma (,) from before “or the Associate Justice to after it, in second
sentence.
1979 Changed persons before whom session must be held.
Case Notes:
A single justice has the
authority to issue an alternative writ, schedule a hearing, and set a briefing
schedule; however, resolution of substantive issues, other than in connection
with any preliminary or supplementary matter, requires a quorum of two justices
and one associate judge. A.S.C.A. §§
3.0209, 3.0220. In re Complaint of
Voyager, Inc., 24 A.S.R.2d 90 (1993).
3.0221 Appellate
division—Difference of opinion—Prevailing opinion.
In the
appellate division of the High Court, if there remains, after conference, any
difference of opinion among the judges, the opinion of 2 of the justices shall
prevail and shall be recorded by the clerk as the opinion and decision of the
court. However, if in the determination of any land or matai title case or controversy
before the appellate division there remains, after conference, any difference
of opinion among the judges, the opinion of the majority of the 5 judges shall
prevail and shall be recorded by the clerk as the opinion and decision of the
court.
History: 1962, PL
7-36; 1969, PL 11-54; 1970, PL 11-1 16; PL 11-119;amd 1978, PL 15-84 § 3; PL
15-104 § 4; amd 1979, PL 16-28 § 14.
Amendments: 1978 Deleted “appellate division or” prior to
“Trial Division of the High Court”. 1979 Subject matter generally amended.
3.0230 Trial
division—Composition.
(a) The trial division shall consist of the Chief
Justice, the Associate Justice and all of the Associate Judges.
(b) Sessions of the trial division shall be held
before a justice and 2 associate judges, the presence of a justice and 1
associate judge being necessary to constitute a quorum for the trial and
determination of a case or controversy.
History: 1967, PL
10-17; 1968, PL 10-62; 1969, PL 11-54; 1970, PL 11-116; PL 11-119;amd 1977, PL
15-60; amd 1979, PL 16-28 § 13.
Amendments: 1977 Added paragraphs relating to the circuit
department.
1979 Deleted provision relating to traffic
department sessions of the trial division, provision relating to small claims
department of the trial division sessions, and provisions relating to circuit
department and its jurisdiction and proceedings before it. Generally amended
remaining provisions relating to trial division sessions.
Case Notes:
Circuit department proceedings are no! of record,
are to be held in locations other than Courthouse, and may be held before any
Justice or Judge alone. In re Dogs in Tafuna, ASR (1978).
3.0231 Trial
division—Difference of opinion— Prevailing opinion.
In the
trial division of the High Court, if there remains, after conference, any difference
of opinion between the Justice and the Associate Judges, the opinion of the
Justice prevails and is recorded by the clerk as the opinion and decision of
the court.
History: 1979, PL 16-28 § 14.
3.0232 Trial
division—Petit jury.
(a) A person charged with an offense carrying a
maximum possible punishment of over 6 months of imprisonment shall be tried by
a jury unless he personally waives this right in writing or in open court. The
Chief Justice of the High Court may promulgate Petit Jury Rules and Standard
Jury Instructions to govern jury trials in the High Court and District Court.
The petit jury shall be comprised of 6 persons. The jury verdict must be
unanimous. Voir dire of prospective jurors shall be conducted by the court.
(b) Whenever petit jury trials are held as
provided in subsection (a), at least 1 associate judge shall sit with either
the Chief Justice, Associate Justice, or Acting Associate Justice, who acts as
presiding judge of the High Court. All questions of law shall be ruled upon by
the presiding judge.
History: 1978, PL, 15-l00; amd
1979, PL 16-53 § 8, 2005, PL 29-1.
Amendments: 1979 Subsection
(a): reworded subsection, mainly to
change standard of when jury trial would be had.
3.0240 Land
and titles division—Composition.
The
land and titles division shall consist of the Chief Justice, the Associate
Justice, and all of the associate judges. In the land and titles division, all
controversies relating to land shall be heard and decided by a justice and 2
associate judges, the presence of a justice and 1 associate judge being
necessary to constitute a quorum for the trial and determination of a case or
controversy. In the land and titles division all controversies relating to
matai titles shall be heard by a justice and 4 associate judges, the presence
of a justice and 3 associate judges being necessary to constitute a quorum for
the trial and determination of a case or controversy.
History: 1978, PL, 15-l00; amd
1979, PL 16-53 § 8.
Case Notes:
Requirement that one law-trained judge (justice)
be included in panel that hears
matai title disputes does not require that the law trained judge be present
during all deliberations of associate judges. ln re matai title La’apui, 4
A.S.R.2d 7 (1987).
Statute prescribing participation in matai title
dispute of one law-trained judge, as well as four associate judges who are not
lawyers but who are chosen for their familiarity with Samoan custom, did not
require that the law-trained judge be present during all deliberations of the
associate judges. A.S.C.A. §
3.0240; In re Matai Title La’apui, 4
A.S.R.2d 7 (1987).
3.0241 Land and titles
division—Differences of opinion—Prevailing opinion.
(a) In cases or controversies relating to land in
the land and titles division of the High Court, if there remains, after
conference, any difference of opinion between the Justice and the Associate
Judges, the opinion of the Justice prevails and is recorded by the clerk as
the opinion and decision of the court.
(b) In cases or controversies relating to matai
titles in the land and titles division of the High Court, if there remains,
after conference, any difference of opinion among the judges, the justice
shall abstain and the opinion of the majority of the 4 associate judges shall
prevail and shall be recorded by the clerk as the opinion and decision of the
court. In the event of a tie vote among the 4 associate judges, the justice
shall cast the deciding vote.
History: 1979, PL 16-28 § 14.
3.0242 Land
and titles division—Rules.
(a) The Chief Justice shall, by order, prescribe
rules and forms to govern the conduct of proceedings before the land and titles
division. The Federal Rules of Civil Procedure, Title 28, U.S.C., shall have no
application to proceedings before the land and titles division.
(b) In any matter of practice or procedure not
provided for, or where the strict compliance with any rule of practice or
procedure may be inequitable or inconvenient, the land and titles division may
act in each case in such manner as it considers to be most consistent with
natural justice and convenience.
History: 1967, PL, 10-17; 1968, PL, 10-62; 1969, PL,
11-54; 1970, PL, 11-116; PL. 11-119;
amd 1979, PL, 16-28 § 13.
Amendments: 1979 Changed constitution of the division, a quorum and who shall hear controversies.
Case Notes:
Reference to court’s direction to act not
inconsistent with natural justice and convenience. Kaliopa v. Silao and Harris.
2 ASR 2d 1(1983).
Common law
governs notions for new trial in Lands and Titles as it most nearly reflects “natural justice and convenience. Narruh V.
Afenoa. ASR (1979).
Land and titles have a distinct and relaxed set
of procedures. The strict standards
which apply in federal court as to dissolution of temporary restraining orders
do not apply. Tuilefano v. Beaver, ASR (1978).
Court’s broad powers to govern the conduct of
proceedings and apply equitable remedies includes canceling records made by
government officials on grounds of fraud or mistake. Fuimaono v Penitusi, ASR
(1978).
Rule 24(a), Fed. R. Civ. P, applied in Land and Titles Division,
expressly provides application to intervene be timely made. Maae v. Pomele, ASR
(1977).
while the court is proscribed from using the Fed.
R. Civ P. in Land and Titles Division, it
is not proscribed from using rulings that interpret those rules nor from
seeking guidance from those rules. Faalafu v. 5ala, ASR (1977).
Territorial statute giving court power to
suspend procedural rules that would lead to inequitable result does not give
court power to suspend rules of substantive law. A.S.C.A. § 3.0242. Ape v. Puagele, 3 A.S.R.2d 109 (1986).
Territorial statute permitting court to
subordinate rules of “practice or procedure” to exigencies of justice and
convenience does not give the court power to overturn a final judgement in the
absence of new evidence, fraud, surprise, or similar circumstances, since
resjudicata is a rule of substantive law and not of procedure. A.S.C.A. § 3.0242(b); T.C.R.C.P. Rule 60.
Willis v. Willis, 4 A.S.R.2d 144
(1987).
When petitioner in land
dispute has failed to seek relief from the Office of Samoan Affairs as required
by statute prior to seeking judicial remedy, but respondent has answered and appeared before High Court, court would observe
considerations of equity and convenience by staying the action pending
compliance with the administrative relief requirements rather than dismissing
the action altogether. A.S.C.A. §§
3.0242, 43.0302(a). Moeisogi v. Faleafine,
5 A.S.R.2d 131 (1987).
Statutory standard of “natural
justice and convenience” requires that in land matters a party eventually be
accorded his day in court and therefore, although the court prefers that all
parties be present at a hearing, it will proceed without the defendants where
they have continually postponed the trial date and failed to appear after
proper notice of the trial date.
A.S.C.A. § 3.0242. Ava v. Moe, 8
A.S.R.2d 95 (1988).
Court acted properly in granting motion to
dismiss at conclusion of plaintiffs’ case, at least in light of Territorial
statute allowing land court to proceed in such manner as it considers to be
most consistent with natural justice and convenience, where plaintiffs objected
that evidence they had been saving for rebuttal could have established a prima
facie case but court concluded that defendants would prevail even if plaintiffs
succeeded in proving every fact they offered to prove on rebuttal. A.S.C.A. § 3.0242. Willis v. Fai’ivae, 10 A.S.R.2d 121 (1989).
Chapter 03
DISTRICT
COURTS
Sections:
3.0301 Composition.
3.0302 Jurisdiction.
3.0303 Sessions-Petit
jury.
3.0304 General
powers.
3.0305 Contempt
power.
3.0306 Not a court of record.
3.0307 Clerk and other officers
3.0308 Trial of small claims.
3.0309 Appeals.
Reviser’s
Comment:
Section 1 of PL 16-28 provided:
This act shall be known and may be cited as the
District Court Act of 1979.
Section 2 of PL 16-28 provided:
This act is intended to establish a new trial
court in
3.0301 Composition.
The
District Court shall consist of 1 or more district court judges.
History: 1979, PL 16-28 § 16.
3.0302 Jurisdiction.
(a) The District Court has jurisdiction of the
following matters: civil cases or controversies other than actions involving
land or matai titles, in which the amount in controversy shall not exceed
$5,000; criminal cases in which the offense charged is a misdemeanor or any
offense punishable by not more than 1 year of imprisonment; traffic cases
except those involving a felony; initial appearances and preliminary
examinations in all criminal cases: adoptions; actions arising under the
Uniform Reciprocal Enforcement of Support Act, 42.0404 through 42.0454; actions
arising under the Occupational Health and Safety Act; and public health
offenses arising under 25.2001 et seq.
(b) The District Court is a court of limited jurisdiction
and does not have jurisdiction over those matters under 3.0208 of which the
High Court has original jurisdiction.
History: 1979, PL 16-28 §
16;amd 1979, PL 16-53 § 7, amd 1985, PL 19-81 2.
Amendments: 1979 Subsection (a) added jurisdiction over
adoption, actions under Uniform Reciprocal Enforcement Support Act, and actions
under the Occupational Health and Safety Act.
1985 Subsection (a). deleted
“$3,000” and added “$5,000”.
Reviser’s Comment: The Occupational Health and Safety Act was
repealed by PL 16-47.
Case Notes:
There is no provision of the American Samoa Code
which gives any court in the territory, or any division or department of any
court, either expressly or by implication, in rem admiralty and maritime
jurisdiction, vessel Fijian Swift v. Trial Division, 4 ASR 983 (1975).
3.0303 Sessions-Petit
jury.
(a) All sessions of the District Court are conducted
by a District Court judge sitting alone.
(b)
Sessions of the District Court are held in the
Court House in Fagatogo, Tutuila, or at such other places in
(c)
A person charged with an offense carrying a
maximum possible punishment of over 6 months but not more than one year of
imprisonment shall be tried by a jury unless he personally waives this right in
writing or in open court. The petit jury
shall be comprised of 6 persons. The
jury verdict must be unanimous. Voir
dire of prospective jurors shall be conducted by the court.
(d)
Whenever petit jury trials are held in District
Court as provided in subsection (c) the District Court judge, as provided in
subsection (a), sitting alone acts as presiding judge. All questions of law shall be ruled upon by
the presiding judge.
History: 1979, P1. 16-28 § 16,
2005, PL 29-1.
3.0304 General powers.
The
District Court has power to issue process and do all acts not inconsistent with
law or with the rules made by the Chief Justice of American Samoa, as may be
required for the due administration of justice, and, without limiting the generality
of the foregoing powers, may grant bail, accept and forfeit security, make
orders for the attendance of witnesses with or without documents, make orders
for the disposal of exhibits and punish for contempt of court.
History: 1979, PL
16-28 § 16.
Case Notes:
The
district court is authorized to issue process, and an arrest warrant is a form
of process. A.S.C.A. § 3.0304,
T.C.R.Cr.P. 4(c) (1).
3.0305 Contempt power.
The
District Court has the power to punish by fine or imprisonment, at its
discretion, contempt of its authority consisting of the following:
(1) misbehavior of any person in its presence or
so near thereto that the misbehavior obstructs the administration of justice;
(2) misbehavior of any of its officers in their
official transactions; and
(3) disobedience or resistance to its lawful writ,
process, order, rule, decree, or command.
History: 1979, PL 16-28 § 16.
3.0306 Not a court of
record.
The District Court is not a court of
record, but the Chief Justice may from time to time order that record be made
of any individual proceeding or any class of proceedings
3.0307 Clerk and other
officers.
(a) The Clerk of the High Court serves also as
Clerk of the District Court; other High Court officers and employees may be
assigned to work part-time or full-time for the district court by the Chief
Justice of the High Court.
(b) In addition, such employees of the District
Court as the Chief Justice may consider necessary are appointed by the Chief
Justice, receive salaries fixed by him, and are subject to removal by him.
History: 1979, PL
16-28 § 16.
3.0308 Trial of small
claims.
Small
claims, which arc defined as civil claims of less than $3,000 may be tried
under simplified procedures in district court in accordance with Title 43.
History: 1979, PL 16-28 § 16; 1985, PL 19-5 § 1; amd 1997
PL 25-3.
3.0309 Appeals.
Final
decisions of the District Court may be appealed to the High Court. Upon appeal,
cases or controversies in which there is a stenographic record are considered
by the appellate division of the High Court for review of the findings of fact
and conclusions of law. All other cases or controversies where there is no
stenographic record are tried de novo by the trial division of the High Court.
However, any case which is appealable under this section may be appealed on a
question of law directly to the appellate division of the High Court.
History: 1979,
PL 16-28 § 16.
Chapter 04
VILLAGE
COURTS
Sections:
3.0401 Composition.
3.0402 Jurisdiction.
3.0403 Administration.
3.0404 Record
of proceedings.
3.0401 Composition.
Each
village shall have a village court consisting of an associate judge of the
High Court. The Chief Justice shall assign associate judges to be responsible
for conducting court sessions in 1 or more villages. From time to time, as the
number of cases awaiting trial requires, the responsible associate judge shall
convene the village court to try those matters outstanding.
History: 1969, PL 11-54; 1971,
PL 12-16 § 1; amd 1979, PL 16-28 §
17, PL I6-52 § 2.
Amendments: 1979 Redesignated the district courts as village
courts; substituted “an associate judge of the High Court” for “a village
magistrate” in the first sentence,
and added second and third sentences
Case Notes:
There is no provision of the American Samoa Code
which gives any court in the Territory, or any division or department of any
court, either expressly or by implication, in rem admiralty and maritime
jurisdiction. Vessel Fijian Swift v Trial Division, 4 ASR 983 (1975).
3.0402 Jurisdiction.
(a) The village courts shall have jurisdiction only
over matters arising under the regulations of their respective villages.
(b) Except for retrials before the District Court,
the village courts shall have exclusive jurisdiction to impose penalties for
the violation of village regulations. No village council or village, county or
district authority may impose penalties for such violations.
History: 1969, PL 11-54; 1971,
PL 12-16 § 1; and 1979; PL 16-28 § 17, PL 16-52 § 2.
Amendments: 1979
Redesignated the district courts as village courts. Retrials, formerly before
the High Court, are now before the district court created by PL 16-52.
Case Notes:
Court’s authority to suspend procedural rules on
grounds of inequitable results does not extend to suspension of substantive
law. Poutoa v. Puagele, 3 A.S.R.2d 109 (1986).
3.0403 Administration.
The
Chief Justice shall designate an associate judge or other person as
administrator of the village courts. The administrator shall supervise the
operation of the village courts and may do any acts necessary to implement this
chapter.
History: 1979, PL 16-52 § 3.
3.0404 Record of
proceedings.
The
Clerk of the High Court or his designee shall attend all sessions of the
village courts and shall prepare a written record of the proceedings, which
shall be kept in the Court House in Fagatogo.
History: 1979, PL 16-52 § 3.
Chapter 5
FAMILY, DRUG AND
Sections:
3.0501 Family, Drug and Alcohol Court
Division—Establishment
3.0502 Jurisdiction and quorum.
3.0503 Registries, protective orders and
administration and funding.
3,0504 Executive branch agencies—Cooperation.
3.0505 Sunset provision.
3.0501 Family, Drug and
Notwithstanding the current
statutes providing for the jurisdiction of certain cases before the trial
Division of the High Court or before District Court, the Chief Justice may
establish by rule or order of both, a Family, Drug, and Alcohol Court Division
within the High Court for a period not to exceed two years, and transfer any or
all such cases as authorized by this statute to that division to be heard and
decided. The purpose of this limited
term, pilot project is to develop a comprehensive, one judge-one family court
that can address all matters affecting families, from juvenile offenses to
domestic violence and adoptions to divorce and child support. The Court shall also address in its sentences
relating to cases involving violence or alcohol or drug use, appropriate
rehabilitation programs, close monitoring, and graduated sanctions to minimize
levels of repeat offenders.
History: 2000, PL 26-31.
3.0502 Jurisdiction and quorum.
(a) The Chief Justice may, by rule or order or both,
transfer jurisdiction from the trial division of the High Court and District
Court to the Family, Drug, and Alcohol Court Division to hear and decide the
following matters:
(1) any or all juvenile cases
including traffic offenders;
(2) any or all domestic
relations cases, including but not limited to, divorce, legal separation, child
support, spousal support, paternity, U.R.E.S.A., and domestic violence
protective orders, relinquishment/termination of parental rights, and
adoptions;
(3) any or all domestic violence
crimes except homicides or other class A felonies; and
(4) any or all criminal cases in
which alcohol or other substance abuse is involved, including serious traffic
offenses, except those cases charging possession of controlled substances with
intent to distribute and those cases otherwise excluded by the above
subsection.
(b) Unless otherwise ordered by
the court, hearings before the Family, Drug, and Alcohol Court Division shall
be closed to the general public, when so required by existing statutes or by
order of the court in conformance with the rules of criminal or civil
procedure.
(c) The Chief Justice, Associate
Justice or Acting Associate Justice and two associate judges shall conduct
sessions before the Family, Drug, and Alcohol Court Division of the High Court,
the presence of one justice and one associate judge shall constitute a quorum
for the trial and determination of a case or controversy, including trials by
jury.
(d) Neither this section nor any other part of this Act may be
construed to amend or alter the exclusive jurisdiction of the land and titles
division of the High Court in all matters relating to matai titles and
controversies relating to land as set forth in section 3.0208 (b).
(e) Neither this section nor any other part of this Act may be
construed to amend or alter legislatively established penalties for use,
possession, or sale of controlled substances.
History: 2000, PL 26-31.
3.0503 Registries,
protective orders and administration and funding.
(a) The Chief Justice may, by order or rule or both,
establish such central registries as are necessary to comply with applicable
federal laws for domestic violence protective orders, both foreign and those
issued locally, and foreign and locally issued child support orders.
(b) The Chief Justice may, by rule or order or
both, provide for the issuance of protective orders for victims of domestic
abuse through an expedited hearings process on such forms in English and Samoan
as the court may provide Emergency, ex parte protective orders shall be
accompanied by a notice of a court hearing on the order to be held within 72
hours of the issuance of such order.
(c) The Chief Justice may authorize the application, acceptance,
administration and accounting of any federal or other funding available for the
operation, facilities, equipment, staffing and support services for the Family,
Drug, and Alcohol Court Division.
History: 2000, PL 26-31.
3.0504 Executive branch
agencies-Cooperation.
All agencies of the government
shall cooperate with the High Court in implementing the pilot project for the
Family, Drug, and
History: 2000, PL 26-31.
3.0505 Sunset provision.
This Act, unless otherwise
amended, revised, or codified by the Legislature and signed into law by the
Governor, shall expire and have no further force or effect as of
History: 2000, PL 26-31; 2002, PL 27-27, 2004, PL 28-25.
Chapters
06-09 (RESERVED)
Chapter
10
JUSTICES AND JUDGES
Sections:
3.1001 Chief and Associate
Justice-Appointment.
3.1002 Powers and duties.
3.1003 Acting Chief Justice.
3.1004 Associate judges-Appointment-Term
3.1005 Associate judges-Powers.
3.1006 Temporary associate judges.
3.1007 Disqualification of
judges.
3.1008 Testimony by justices
and judges barred.
3.1009 Prohibition against
practice of law.
3.1010 District court
judges-Term.
3.1011 District court
judges-Powers.
3.1001 Chief and
Associate Justices-Appointment.
(a) There shall be a Chief Justice of American
Samoa and an Associate Justice of
(b) Subject to any applicable limitations contained
in the statutes of the
History: 1962, PL 7-36.
3.1002 Powers and
duties.
(a) The Chief Justice and the Associate Justice
shall be members of the High Court and, sitting separately, shall preside at
all its divisions.
(b) The Chief Justice shall have power from time
to time to designate the associate judges who shall sit with him in the
sessions of the trial, land and titles and appellate divisions of the High
Court presided over by him, and also to designate the Associate Justice and the
associate judges who are to sit with the Associate Justice in sessions of the
trial, land and titles and appellate divisions of the High Court presided over
by the Associate Justice.
(c) The Chief Justice shall have administrative
supervision over the High Court of American Samoa, the District Court and the
village courts and their judges, magistrates, clerks and other officers. He may
make rules regulating the pleading, practice, procedure and conduct of business
in all the courts of
(d) The Chief Justice shall have exclusive power
to admit qualified persons as attorneys-at-law to practice generally in the
courts of American Samoa or as legal practitioners to represent parties in the
courts in matai or land title or other special classes of cases only, and may
for cause discipline and disbar them.
History: 1962, PL 7-36; 1969,
PL 11-54; 1970, PL 11-116; PL 11-1 19; amd 1979, PL 16-28 § 4.
Amendments: 1979 Subsection (a); deleted exception for certain
divisions of the High Court.
Subsection (c): substituted reference to specific courts for the words
“all the courts of
Subsection (d): substituted “legal Practitioners” for agents”.
Case Notes:
Unlike
federal rules of criminal procedure promulgated under the authority of Congress
and binding on federal courts to the same extent as statutes, territorial rules
are made by the Court itself, so that a time limit provided by territorial rule
is not obviously jurisdictional as a similar limit provided by federal
rule. Rev. Const. Am. Samoa art. III § 2; A.S.C.A. § 3.1002(c).
3.1003 Acting Chief
Justice.
In the
event of the disability, disqualification, or absence from the territory of the
Chief Justice or in case of a vacancy in that office, the duties of the Chief
Justice shall be performed temporarily by one of the following designees as
Acting Chief Justice, in the order of precedence listed; in case of the
disability, disqualification, or absence from the territory of any of those
listed, the next in order of precedence shall serve as Acting Chief Justice:
(1) Associate Justice (if more than one, in order
of seniority in office);
(2) acting Associate Justice (if more than one, in
order of seniority in office).
History: 1978, PL 15-84 § 1; 1978, PL 15-104 § 2; and 1979, PL
16-28 § 5.
Amendments: 1978 In opening paragraph, substituted
reference to “duties of Chief Justice” for reference to “judicial duties of
Chief Justice”.
Paragraph (3): deleted “land and titles division” following “Chief
Associate Judge”.
1979 Deleted paragraphs (3) and (4).
3.1004 Associate
judges-Appointment-Term.
(a) There shall be no less than 5 associate judges
of the High Court of American Samoa, who shall be appointed by the Governor
upon the recommendation of the Chief Justice and who shall be confirmed by the
Senate.
(b) The Chief Justice shall designate one of the
associate judges as the Chief Associate Judge.
(c) The Chief Associate Judge shall, under the
general supervision of the Chief Justice, supervise the administrative affairs
of the Associate Judges and shall also perform any other duties assigned him by
the Chief Justice.
(d) An associate judge shall hold office during
good behavior, but he may be removed by the Chief Justice for cause. Upon
attaining the mandatory retirement age of 65, he must be separated from
government employment unless the separation requirement is waived by the
Governor. Immediately after retirement, he shall be added to the panel of
temporary associate judges and shall not be subject to confirmation provisions
of subsection (b) of 3.1006.
History: 1962, PL
7-36; 1970, PL 11-118; 1972, PL 12-55 § 1; amd 1973, PL 13-3; 1979, PL 16-28 §
6; 1979, PL 16-53 § 1; amd 1986, PL 19-62 § 1.
Amendments: 1973 provided for confirmation of appointment by
Senate.
1979 Subsection (b): deleted “of Land and
Subsection (c): deleted provision making Chief
Associate Judge responsible for the affairs of the land and titles division,
and deleted “judicial” in the provision that he “perform any other judicial
duties assigned”.
Subsection (d): amended generally by PL 16-28; PL
16-53 added second and third sentences relating to retirement and temporary
judges.
1986 Subsection (d): replaced “for a term of 4
years which may be renewed,” with “during good behavior,” deleted last
sentence.
3.1005 Associate
judges-Powers.
The
associate judges of the High Court shall sit in those sessions of the High
Court to which they are designated by the Chief Justice from time to time
unless disqualified under 3.1007.
History: 1962 PL 7-36; 1969 PL 11-54; amd 1979, PL 16-28 § 7.
Amendments: 1979 Deleted
“of the trial, land and titles and appellate divisions” from before “of the
High Court”.
3.1006 Temporary associate judges.
(a) If, for any reason, associate judges are not
available at any time for designation in sufficient numbers to constitute the
appellate, trial, or land and titles divisions of the High Court, the Chief
Justice may designate other persons to act temporarily as associate judges of
the High Court. The designation of temporary associate judges shall be made
from a panel of persons whom the Governor, upon the recommendation of the Chief
Justice, has designated as qualified for temporary service.
(b) Either individually or as a panel, temporary
associate judges shall be confirmed by the Senate after recommendation by the
Chief Justice and designation by the Governor, in the same manner as the
regular 5 associate judges undersubsection (a) of 3.1004.
(c) Temporary associate judges shall be removed
from the panel upon attaining the age of 70.
History: 1962, PL 7-36; 1969,
PL 11-54;amd 1977, PL 15-6; amd 1979, PL 16-53 § 2.
Amendments: 1977 subsection
(b): added; existing material designated subsection (a).
1979 Subsection (c):
added.
3.1007 Disqualification
of judges.
(a) No judge shall sit in any case in which he, or
a family of which he is a member, has a substantial interest, or in which he
has been counsel, is or has been a material witness, or is a member of the
same family with any party to the case.
(b) Neither the Chief Justice, nor the Associate
Justice, nor any associate judge of the High Court shall sit in the appellate
division of that court in the hearing and determination of any appeal from the
decision of a case or question decided by him, or the decision of which he
joined in the trial court.
History: 1962, PL 7-36.
Case Notes:
Duty to recuse is
mandatory. Meredith v. Atualevao, ASR ,1979.
3.1008 Testimony by
justices and judges barred.
It
shall be unlawful for the Chief Justice, the Associate Justice, the district
court judges, or any associate judge to descend from the bench to give sworn
testimony in a case before him.
History: 1962, PL 7-36; 1969,
PL 11-54; 1970, PL 11-116; PL 11-119; amd 1979, PL 16-28 § 8.
Amendments: 1979 Deleted
provision limiting section to High Court justices and judges and made section
applicable to district court judges.
3.1009 Prohibition
against practice of law.
No
justice, judge or employee of the High Court of American Samoa, the district
court or the village courts may practice law during his time of office or
employment. This prohibition applies to temporary as well as full time judges
and justices. A judge pro tempore may practice law when not sitting as assigned
by the Chief Justice.
History: 1973, PL 13-10; 1979,
PL 16-28 § 9; amd 1979, PL 16-53 § 3.
Amendments: 1979 Added “or employee of the High Court of
American Samoa, the district court or the village courts”, and added “or
employment” at end of first sentence; and added provision that a judge pro tempore
may practice law when not sitting.
3.1010 District court judges-Term.
(a) There are one or more district court judges.
A district court judge shall be learned in the law and appointed by the
Governor upon the recommendation of the Chief Justice and confirmed by the
Senate.
(b) One or more district court judges may be
designated as judges pro tempore at the time of their appointment. A district
court judge pro tempore has all the powers and duties of a full time district
court judge while sitting as assigned by the Chief Justice.
(c) A district court judge shall hold office
during good behavior, but he may be removed by the Chief Justice for cause.
(d) Salaries of the district court judges are
fixed by the Chief Justice.
History: 1979, PL 16-28 § 10;
1979, PL 16-53 § 4; amd 1986, PL 19-62 § 2.
Amendments: 1979 Added new
subsection (b); relettered subsections (b) and (c) KO (c) and (d).
1986 Subsection (c): replaced “for a term of 4
years which may be renewed,” with “during good behavior”.
3.1011 District
court judges-Powers.
The
district court judges, sitting separately, shall preside at all sessions of the
district court unless disqualified under 3.1007.
History: 1979, PL 16-28 § 10.