Governor confirms appointment of acting public defender

Pago Pago, AMERICAN SAMOA — Governor Lemanu Peleti Mauga has confirmed the appointment of private attorney David Vargas as Acting Public Defender.

In a General Memorandum issued on Wednesday, the Governor said that pursuant to the American Samoa Code Annotated  4.0111(b), which states that the Governor has general supervision and control of all departments, offices, divisions, bureaus, agencies or instrumentalities of the executive branch of the government.

Also cited in the memorandum is section 4.0112(a), that the appointive powers of the Governor and the legislative confirmation procedures are as follows: directors of cabinet departments (those under 4.0301), and the heads of bureaus or offices who do not report either to the head of a cabinet department or to the head of a bureau or office whose appointment is subject to confirmation by the Legislature, shall be appointed by the Governor, and confirmed by a majority vote of the entire membership of each house of the Legislature.

All other appointments shall be by the Governor unless by law that particular position is subject to confirmation by the Senate or by the Legislature.

As reported earlier Vargas said his appoint is temporary until the Government finds a replacement before the end of the year. Adding that the appointment will take a toll on his work as a private lawyer. “I’m shutting [my office] and will take on only essential cases,” he said.

He also declined to say who had made his appointment.