Public Defender requests more money for his underfunded agency

Pago Pago, AMERICAN SAMOA — Public Defender, Michael White submitting directly to the Fono a supplemental budget for his office’s fiscal year 2022 budget didn’t sit well with several lawmakers, and White was cautioned to submit any request to the governor, and not directly to the Fono.

Over the years, during every Fono budget hearings, there are always directors asking the Fono for more money in their budgets and even presenting separate proposals for lawmakers to consider. And at those times, lawmakers always instruct them that the proper protocol is Executive Branch agencies go through the governor.

When White, who heads the Office of Public Defender, appeared for his FY 2022 budget hearing before the Fono Joint Budget Committee recently, he requested to be allowed to share a “supplemental [budget] to cover what I feel are some shortfalls” in his office budget.

Responding to a committee question, White confirmed that there are three attorney positions budgeted for his office, but at this point, there are only two lawyers — including himself — who are currently working, while the case load — more than 1,000 — continues to grow.

And this is the reason, he says for the supplemental, to get another attorney for his office. For comparison, he said the Attorney General’s Office has six or seven working in the criminal division.

“We desperately need another attorney... to help with the workload and provide better service for our clients,” he said.

Senate Budget and Appropriations Committee chairman, Sen. Utu Sila Poasa, who also co-chairs the Joint Budget hearing informed White that the proper protocol is to submit the budget — including any supplemental to the governor, who then transmits it to the Fono.

Senate President Tuaolo Manaia Fruean was very direct with his query to White. “Why come to the Fono and ask for more money, instead of the governor — your boss? Don’t you think that’s an insult to your boss?” Tuaolo asked.

White responded that he had no intention of insulting anyone especially the governor and that he has tried to meet with the governor to discuss this, but unfortunately “we weren’t able to meet to [discuss] these issues.”

Tuaolo told White that many directors want an increase to their budgets — but the “governor is your boss, so you should go and ask him.”

Rep. Andra Samoa recalled for White that a few months ago, House members — including herself — visited the Territorial Correctional Facility and at the Bravo Unit cell-block, some inmates have been there for four years while their cases are pending in court.  “What is the delay in having these cases move forward?” she asked.

White explained that one reason for the delay is that the High Court has suspended all jury trials since last year and a lot of those individuals are awaiting trials. And with the current court demand every day, “it’s very difficult to go out to see people,” he said, noting that his office has only one vehicle for all the work they handle.

In the end the Fono will only consider the budget that was submitted by the governor.