Joint Budget Committee puts Public Defenders Office budget on hold

Pago Pago, AMERICAN SAMOA — House Vice Speaker Fetu Fetui Jr. didn’t mince words when questioning the Public Defenders Office team that appeared before the Senate and House Joint Budget hearings for the FY 2024.

The Public Defender (PD) David Vargas showed up as scheduled on Thursday, August 31, 2023, along with an assistant from the Governor's office.

PD Vargas responded to questions from the floor in relation to the Courts in American Samoa, its office’s cases and other issues.

Faipule Fetui following his observations of the PD's responses said the PD needs to come prepared.

He accused the PD’s team for "appearing unprepared" and with disappointment he pointed out "if he was chairing the meeting, he’d kick him out, as he should have come in well prepared, and with a hearing aid.”

Fetui reminded Fono, "The PD has been here too long, he should understand (procedures).

“No wonder why there are a lot of people waiting for their cases because of him.”

Right away, the House Vice Speaker moved a motion for the PD to get himself ready and be prepared.

Senate President Tuaolo Manaia Fruean revealed a letter from the Chief Justice (CJ) of American Samoa, to Governor Lemanu P. S. Mauga in the month of August.

He said he received a copy of the letter mentioning the need for a lawyer, as this man (PD Vargas) is sick and no longer able to run the office.

Furthermore, Tuaolo pointed out there is also a need for additional funding in the budget to hire a lawyer. The Senate President suggested if the Government is not responding to the Chief Justice (his letter) then it’s a must for the Fono to do so.

However the blame on having a crowded prison he said goes back to the lack of lawyers, even with private lawyers, they also have cases to present (in court).

Tuaolo told the Fono this is why the CJ wrote to the government because of the current PD’s condition.

(Read report on Chief Justice Michael Kruse’s letter to Governor Lemanu P. S. Mauga “urging the realistic commitment of resources to provide for a functional Office of Public Defender (OPD),” in the Sept. 7, 2023 issue of Samoa News.)

Asked by the committee on their recruiting status, the PD’s non- practicing assistant told the house "that’s currently in progress."

"Unfortunately most overseas lawyers refused to accept the offered salary, of $60,000."

Faipule Larry Sanitoa, pointed out "that is a constitutional issue, and there must be a PD,” adding it’s the same problem every year.

Sanitoa said, maybe the Fono will look at a “medicinal” solution, but for the assistant and his team to hang in there, as he is sure the government will find a solution.

The assistant to the PD was told by the Committee for the next time, he should appear in formal wear including a necktie and a good shirt.

Senator Togiola Tulafono moved a motion to replace the earlier motion. 

He suggested excusing the witnesses and approving their budget.

Let the pair carry on with their recruiting, "if the Fono has no other option to raise the salaries, then approve their budget … but what can we do about it, to increase the $60,000?

He reminded there's an existing system where the Court can appoint local practitioners to help the PD when it lacks lawyers or when the PD has a conflict of interest.

Togiola insisted for the Fono to approve the budget as nothing new would come as a result of this hearing.

Fetui asked what happens next if the budget is to be approved, then what?

In support of the House, the Chairman for the Budget Committee, Faipule Vailoata Eteuati Amituana'i called for the postponement of this budget to be discussed another day.

The House Vice Speaker Fetui reminded his fellow legislators about all the people sitting in jail for so many years.

“If the government isn't doing anything for them, then it's a must for those people to rehabilitate and start up a new life by releasing them.  

 The Public Defenders Office Budget was then put on hold and Counsel was also reminded to come prepared next time. 

BACKGROUND

Vargas is a well-known attorney who has worked in American Samoa since 1995. That included two years that he worked as an Assistant Public Defender (APD).

In July 2022, Vargas agreed to temporarily fill the role of the acting PD until a permanent PD could be found. Gov. Lemanu P. S. Mauga also said at the time that Vargas’ 90-day term as acting PD would end in October 2022, and it appeared likely that a new PD will be in place in December, also in 2022.

Vargas, who has been in private practice for about three decades, has served as an independent prosecutor on several cases, since the closure of that office.

Former Public Defender, Michael White, who had been the only attorney in the PD’s Office resigned at the beginning of March 2022 due to stress and health reasons.