High Court of American Samoa

The High Court of American Samoa is a Samoan court and the highest court below the United States Supreme Court in American Samoa. The Court is located in the capital of Fagatogo. It consists of one chief justice and one associate justice, appointed by the United States Secretary of the Interior, holding office during "good behavior" and removable for cause.[2] As American Samoa has no local federal district court or territorial court, the High Court has also been granted the powers of a federal district court in certain matters while other federal matters are handled by the United States District Court for the District of Columbia and the United States District Court for the District of Hawaii.[3]

High Court of American Samoa
The High Court of American Samoa courthouse
Established1921 (100 years ago)
LocationFagatogo, American Samoa
Composition methodappointed by the United States Secretary of the Interior
Authorized byConstitution of American Samoa
Appeals toUnited States Secretary of the Interior (no appeals in practice)[1]
Number of positions2
Chief Justice
CurrentlyMichael Kruse
Since1988

The High Court of American Samoa also has several Samoan associate judges who sit with the two justices. Normally, two associate judges will sit with the chief justice and associate justice on every case.

The Secretary of the Interior retains ultimate authority over the courts.[4]

The colonial-style Maugaolii High Court served as the U.S. Navy headquarters during World War II.[5]

Organization

The High Court consists of four divisions:[2]

  • the trial division;
  • the probate division;
  • the land and titles division; and
  • the appellate division.

The trial division, which consists of the Chief Justice, the Associate Justice, and associate judges, is a court of general jurisdiction, empowered to hear, among other things, felony cases and civil cases in which the amount in controversy exceeds $5,000.

Justices

The justices of the court:[6]

Name Term as Associate Justice Term as Chief Justice Appointed by
Harry P. Wood — 1921–1937 Albert Bacon Fall (under Harding)
Arthur A. Morrow — 1937–1966 Harold LeClair Ickes (under F. Roosevelt)
V.G. Roel 1963–1966 — Stewart Lee Udall (under Kennedy)
Joseph W. Goss 1966–1970 — Stewart Lee Udall (under Johnson)
H. Edward Hydon — 1966–1968 Stewart Lee Udall (under Johnson)
Donald H. Crothers — 1968–1972 Walter Hickel (under Nixon)
Leslie N. Jochimsen 1971–1975 1975–1976 Rogers Clark Ballard Morton (under Nixon)
William J. McKnight III — 1972–1975 Rogers Clark Ballard Morton (under Nixon)
K. William O'Connor 1976–1977 1977–1978 Thomas S. Kleppe (under Ford)
Richard I. Miyamoto 1976–1978 1978–1981 Thomas S. Kleppe (under Ford) (Associate Justice)
Cecil D. Andrus (under Carter) (Chief Justice)
Thomas Murphy 1980–1987 — Cecil D. Andrus (under Carter)
Robert Gardner — 1981–1986 James G. Watt (under Reagan)
Grover Joseph Rees III 1988–1991 1986–1988 William Patrick Clark (under Reagan) (Chief Justice)
Donald Paul Hodel (under Reagan) (Associate Justice)
F. Michael Kruse 1987–1988 1988–present Donald Paul Hodel (under Reagan)
Lyle L. Richmond 1991–2017 — Manuel Lujan, Jr. (under G.H.W. Bush)
Fiti A. Sunia[7] 2019–present — David Bernhardt (under Trump)

See also

References
  1. https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/552/17PacRimLPolyJ325.pdf?sequence=1, 351.
  2. Tagupa 1983, p. 23.
  3. https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountability Office. AMERICAN SAMOA: Issues Associated with Some Federal Court Options. September 18, 2008. Retrieved September 7, 2019.
  4. Leibowitz, Arnold H (1989). Defining Status: A Comprehensive Analysis of United States Territorial Relations. p. 420. ISBN 978-0-7923-0069-4. His legal position would not only permit him to investigate and overturn decisions of the judiciary in American Samoa, but the decisions of the Executive and Legislative branches as well. … The very fact that his office exists as an ombudsman, to put it kindly, or as a benevolent dictator — to put it less generously — depreciates all Samoan government institutions and makes the Samoan Constitution adopted in 1960 a giant deceit.
  5. Schermeister, Phil (2016). National Geographic Guide to National Parks of the United States. National Geographic Books. ISBN 9781426216510.
  6. "American Samoa Bar Association - asbar.gov". www.asbar.org. Retrieved April 15, 2018.
  7. "Fiti Sunia appointed as new Associate Justice of the High Court". www.samoanews.com. January 7, 2019. Retrieved October 28, 2020.


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