The Constitutional Review Committee is to vote today on a proposed constitutional amendment that Governor Lemanu Peleti Mauga initiated, dealing with the appointment of the Chief Justice and Associate Justice.
Currently these two positions are appointed by the Secretary of the Interior but under the Governor’s proposed amendment they will be appointed by the Governor and confirmed by the Fono.
The majority of Committee members who spoke Friday supported the proposal to have the Chief Justice and Associate Justice appointed and confirmed locally.
The proponents pointed out that the change would complete self government in that the leaders of the three branches of government would be selected locally. They pointed to the present appointment of the two leaders of the Judiciary by one man, the Secretary of Interior, as a last remnant of US appointed administrations which needs to be removed.
The supporters also expressed confidence that Amerircan Samoa has educated, qualified and experienced individuals who can take up the gave, independently of the powers who will appoint and confirm them. Another argument was that American Samoa was the only jurisdiction where the judicial leaders are appointed from Washington DC.
Youth representative Joey Zodiacal, women’s representative Taua Taifane, and public representative Dr Toafe Vaiagae raised questions about whether these two appointees would operate independently without the influence of politics if they were appinted by the Governor and confirmed by the Fono.
Taua and Zodiacal believed that decisions in the US courts have been riddled with problems because chief justices and members of the bench are selected by politicians.
Zodiacal asked what Interior’s position is on the issue.
DOI Field Representative Lydia Faleafine Nomura said their office has discussed the topic and she believed DOI will support the change.
She read Interior’s Office of Insular Affairs’ mission statement.
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Another question was whether ASG would be able to fund the salaries for the two positions.
Committee Chairman Lt Governor Talauega Eleasalo Ale said the total budget for the High Court is $3.27 million and 26% is funded by Interior.
He didn’t think DOI would discontinue funding the salaries of the CJ and Associate Justice until such time that American Samoa can cover them. This was also the position of the DOI Field Representative.
The Bar Association is to give a submission on the proposed change but it’s not known whether that will come before or after a vote on the amendment.
