Judiciary of American Samoa

The Judiciary of American Samoa is defined under the Constitution of American Samoa and the American Samoa Code. It consists of the High Court of American Samoa, a District Court, and village courts, all under the administration and supervision of the Chief Justice.[1][2] The High Court and District Court are both located in Fagatogo.[3][4][5] The Chief Justice and the Associate Justice of the High Court are appointed by the United States Secretary of the Interior.[6] Associate judges of the High Court, who may also serve in the village courts, and judges of the District Court are appointed by the Governor of American Samoa upon the recommendation of the Chief Justice and confirmed by the Senate.[7][8]

American Samoa does not have a federal court like the Northern Mariana Islands, Guam, or the United States Virgin Islands. In general, under federal law, cases involving a federal crime committed outside of a judicial district are heard in the district in which the defendant is arrested or first brought to; or otherwise in the judicial district of the defendant’s last known residence; or if no such residence is known, in the District Court for the District of Columbia. Prior to a 2001 case, most such cases were brought to the District Court for the District of Columbia, but afterwards many cases were instead heard in the District Court for the District of Hawaii on the basis that this is where the defendant was "first brought".[9]

  1. ^ 3.0101 Vesting of judicial power, Annotated Code of American Samoa, American Samoa Bar Association.
  2. ^ 3.0102 Administration of judiciary, Annotated Code of American Samoa, American Samoa Bar Association.
  3. ^ 3.0207 Divisions and sessions—Composition, Annotated Code of American Samoa, American Samoa Bar Association.
  4. ^ 3.0303 Sessions-Petit jury, Annotated Code of American Samoa, American Samoa Bar Association.
  5. ^ American Samoa Observatory, Trip to Tula, National Oceanic and Atmospheric Administration.
  6. ^ 3.1001 Chief and Associate Justices-Appointment, Annotated Code of American Samoa, American Samoa Bar Association.
  7. ^ 3.1004 Associate judges-Appointment-Term, Annotated Code of American Samoa, American Samoa Bar Association.
  8. ^ 3.1010 District court judges-Term, Annotated Code of American Samoa, American Samoa Bar Association.
  9. ^ American Samoa: Issues Associated with Some Federal Court Options (PDF) (Report). U.S. Government Accountability Office. September 18, 2008.

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