Title 3 — Judicial

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 …

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.

(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 thr…

The proceedings of every court shall be public, except when otherwise ordered by the court for good cause. History: 1962, PL 7-36.

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.

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 recommendatio…

The jurisdiction of the High Court shall extend to the whole of American Samoa, including Swains Island and Rose Island. History: 1969, PL 11-54.

(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, a…

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 jus…

The High Court shall be a court of record and shall have a seal. History: 1962, PL 7-36.

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 sub…

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 village of Fagatogo, Tu…

(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 village of Fagatogo, Tutuila, and may hol…

(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…

(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 ord…

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, P…

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 pre…

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 determinatio…

(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 constitut…

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 …

(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 Standa…

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 a…

(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 op…

(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 …

The District Court shall consist of 1 or more district court judges. History: 1979, PL 16-28 § 16.

(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 $15,000; criminal cases in which the offense charged is a misdemeanor or any offen…

(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 American Samoa as the business of the court requires and as the Chief Just…

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…

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) misbeha…

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. History: 1979, PL 16-28 § 16.

(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 …

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.

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 cas…

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, th…

(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 re…

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.

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.

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 fo…

(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 offend…

(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) …

All agencies of the government shall cooperate with the High Court in implementing the pilot project for the Family, Drug, and Alcohol Court. The Department of Public Safety shall establish necessary practices and procedures for registering and enforcing domestic violence protect…

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 October 1, 2010. History: 2000, PL 26-31; 2002, PL 27-27, 2004, PL 28-25; 2007, PL 30-1.

(a) There shall be a Chief Justice of American Samoa and an Associate Justice of American Samoa. Each shall be learned in the law and appointed by the Secretary of the Interior. (b) Subject to any applicable limitations contained in the statutes of the United States, each shall h…

(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…

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 p…

(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 …

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 th…

(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…

(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 th…

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.…