Title 3

 

JUDICIAL

Chapters:

01         General Provisions

02         High Court

 03      District Courts

 04      Village Courts

05      Family, Drug and Alcohol Court

06-09 (Reserved)

10       Justices and Judges        

 

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