JUDICIAL
Chapters:
01
General Provisions
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 American
Samoa shall be vested in a High Court of American Samoa, a district court, and a
village court in each village.
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 American Samoa, or who have been duly summoned or
voluntarily appear.
(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).
A Court may
extend personal jurisdiction over persons or businesses on the basis of their
contacts with American Samoa.
A.S.C.A. § 3.0103(b); Pene
v. Bank of Hawaii, 19 A.S.R.2d 52
(1991).
A Court may
exercise personal jurisdiction in civil cases over persons who either reside or
are found in American Samoa, have been duly summoned, or voluntarily
appear. A.S.C.A. § 3.0103(a); Pene v. Bank of Hawaii, 19
A.S.R.2d 52 (1991).
3.0104