Senate calls for High Court justices to be appointed by the governor

Pago Pago, AMERICAN SAMOA — Sen. Togiola T.A. Tulafono is the sponsor of a Senate Concurrent Resolution requesting the U.S Secretary of Interior to delegate her authority to appoint the American Samoa High Court justices, to the territory’s governor, with confirmation by the Fono.

The measure notes that the U.S Interior Department took over administration of the territory in July 1951 from the US Navy, with the ideals that the Secretary of Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in American Samoa.

Over the course of the past 70-years, the resolution says that ASG has grown substantially and has worked amicably with the Secretary of Interior over issues that would call for their attention.

To ensure a separation of powers, the ASG is made of of three branches — Executive, Legislative and Judicial — and this mirrors the federal system. “To ensure our citizens are protect, each branch has its own powers and responsibilities. However, there are checks and balances in place to ensure that protection and balance of power,” according to the non-binding measure.

It notes that American Samoa started electing its own House members in 1948 and its own governor in 1976. However, since of the inception of the American Samoa Government the appointment of the Chief Justice and Associate Justices has been selected and approved by the Secretary of Interior per the Revised Constitution of American Samoa.

“This takes away our ability to have checks and balances on the Judiciary,” the measure said, and noted that “it is time for American Samoa to be responsible for our Judiciary.”

According to the resolution, the Legislature deems it important that the governor, “who is elected by our people, should have the power to nominate candidates for the Chief Justice and Associate Justices and to have them subject to confirmation by the Legislature.”

With concurrence of the House, the Senate resolution states that the Legislature recommends to Gov. Lemanu Peleti Palepoi Sialega Mauga “to request” the Secretary of Interior “to issue a Secretary’s Order allowing American Samoa to appoint its own High Court Justices with Legislature confirmation.”

The Senate expedited passage of the measure on Wednesday, which was also the same day it was introduced during the Senate session. The resolution now goes to the House for review and consideration.