Judges pro tempore undergo rigorous questioning prior to confirmation

Pago Pago, AMERICAN SAMOA — Senate President Tuaolo Manaia Fruean, asked pointed questions during the confirmation hearing last week of three local attorneys, who were recommended by the Chief Justice and appointed by Gov. Lemanu Peleti Mauga to serve as judges pro tempore for the District Court.

The trio - Jon A. G. Clemens, Lornalei C. Meredith and Aitofele B. Sunia — were later unanimously confirmed by the Senate. Under local law confirmation of judges to the bench is by the Senate only.

Tuaolo, a retired Associate Judge of the High Court, noted that his questions are issues of importance to the public. The first question asked was if any of them requested to be appointed to the bench, to which the three said no.

Responding to the query on what “exemplifies a judge”, Clemens offered the response that “I think the judges have to bear in mind that they are servants of the people” and are appointed to the bench and “entrusted with great responsibility and it’s a privilege.”

“Every decision they make on the bench will not only affect the individual, but families and society as a whole. And that’s one thing I’ve learned from watching the justices and the judges on the bench. And I’m sure my colleagues here have also witnessed that for the first time when in court,” said Clemens who is the staff counsel to the High Court.

Another question from the Senate President — which is the same issue that has been raised by the community — is how the appointees would “handle a situation where litigants, in a case, come to your home to discuss their case.”

Sunia offered a reply, saying that the “only thing to do is let them know that they shouldn’t be there to discuss that case and go back into the house. Remove myself from that situation.”

Tuaolo raised with the appointees the illegal drug problem in the territory. “What can you do to help alleviate this problem?” he asked.

In response, Meredith acknowledged this “serious problem in our society and one that is important to me and to all of us. And it’s certainly not something that one person can fix on their own. It takes a village, it takes the whole community to address such issues.”

“I think, in the role as a judge — a judge pro tempore for us — is that we will try in that capacity to see how it is we can help our people, help them over come such issues. It’s not something that can be easily fixed. It’s something that has happened over the years. It’s not something that we address overnight,” she said. “But I think together it can be addressed.”

On the issue of overcrowding at the Territorial Correctional Facility, as asked by Tuaolo, one of the appointees said this matter “should be resolved, first and foremost, in the Executive Branch” through any plans for any expansion to TCF.

Tuaolo recalled that at the start of the hearing, one of the senators mentioned the shortage of Samoan attorneys on island. He asked what the appointees — who are all members of the American Samoa Bar Association — can do to resolve this issue.

Sunia first pointed out that he and Meredith are probably the youngest lawyers on island — both in their late thirties — almost 40.  “We’re not having a lot of kids going to law school. I don’t know if they don’t see the law as a career they want to get into,” he said and pointed out that the Bar Association is working to put on a mock trial competition to encourage locals students to look at this field.

“When we speak to young kids — in high school and ASCC — [and ask] why don’t you want to go into law school. I think to them, they think that you can only do one thing with the law, you can only be a lawyer. And when they look at lawyers, they think it’s boring,” said Sunia.

“But we try to encourage them, that you can get into environmental [law], you can get into engineering with a law degree, you can get into teaching. So I think one of the biggest things why we don’t have a lot of lawyers, there’s not a lot of interest right now, for reasons we’re not sure of why kids are not going to law school,” he said.

“And those who graduate sometimes don’t want to come home,” said Sunia, who is vice president of the Bar Association whose president is Meredith.

Tuaolo then asked why the appointees want to be judges pro tempore when “you make more money as a private attorney”. Both Sunia and Meredith are in private practice.

Sunia acknowledged that private practice attorneys do make more money, but serving on the bench, he said is “the way of us contributing to bettering this place that we grew up in.”

Meredith responded, recalling Tuaolo’s earlier question on whether the appointees requested to be appointed to the bench and her answer was, no.

“This is something that we were asked to do. As servants of the community it’s difficult for us to say no and we also know the difficulty of the duties of a judge, and how we also need to step in and help out,” Meredith said.

“As pro temp judges, we’re not going to be full time judges and still able to earn a living in our respective careers — whether it’s private practice or in the court. I think, it’s not more wanting to be a judge pro temp, but a sense of duty and obligation to give back to the community,” she explained.

Tuaolo’s last three questions was combined together for the appointees: “Are you up to date with your tax filing? Have you ever been involved in Bar Association disciplinary action? Any civil or criminal suit against you?”

All three appointees responded, “no”, followed by Tuaolo telling the appointees, “You got my vote.”

Senators who spoke during the 45-minute confirmation hearing offered words of wisdom to the appointees — if they are confirmed by the Senate and to remember their role in the court and that they are serving the public.