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4.0806 Removal of an independent prosecutor-Termination of office.

Cite as [A.S.C.A. § 4.0806 ]

(a) Removal, report on removal.

(1) Grounds for removal. An independent prosecutor appointed under this chapter may be removed from office only by the personal action of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecting persons from discrimination on the basis of such a disability), or any other condition that substantially impairs the performance of such independent prosecutor’s duties.

(2) Report to division of the court and Legislature. If an independent prosecutor is removed from office, the Attorney General shall promptly submit to the division of the court and the Committees on the Judiciary of the Senate and the House of Representatives a report specifying the facts found and the ultimate grounds for such removal. The committees shall make available to the public such report, except that each committee may, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution postpone or refrain from publishing any or all of the report. The division of the court may release any or all of such report in accordance with section 4.0804(h)(2).

(3) Judicial review of removal. An independent prosecutor removed from office may obtain judicial review of the removal in a civil action commenced in the High Court of American Samoa. A member of the division of the court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The independent prosecutor may be reinstated or granted other appropriate relief by order of the court.

(b) Termination of Office.

(1) Termination by action of independent prosecutor. An office of independent prosecutor shall terminate when:

(A) the independent prosecutor notifies the Attorney General that the investigation of all matters within the prosecutorial jurisdiction of such independent prosecutor or accepted by such independent prosecutor under section 4.0804(e), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Office of the Attorney General to complete such investigations and prosecutions; and

(B) the independent prosecutor files a final report in compliance with section 4.0804(h)(1)(B).

(2) Termination by division of the court. The division of the court, either on its own motion or upon the request of the Attorney General, may terminate an office of independent prosecutor at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such independent prosecutor or accepted by such independent prosecutor under section 4.0804(c), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Office of the Attorney General to complete such investigations and prosecutions. At the time of such termination the independent prosecutor shall file the final report required by section 4.0804(h)(1)(B). If the Attorney General has not made a request under this paragraph, the division of the court shall determine on its own motion whether termination is appropriate under this paragraph no later than 2 years after the appointment of an independent prosecutor, at the end of the succeeding 2-year period, and thereafter at the end of each succeeding 1-year period.

(c) Audits.

(1) On or before June 30 of each year, an independent prosecutor shall prepare a statement of expenditures for the 6 months that ended on the immediately preceding March 31. On or before December 31 of each year, an independent prosecutor shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding September 30. An independent prosecutor whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures on or before the date that 90 days after the date on which the office is terminated.

(2) The Territorial Auditor shall:

(A) conduct a financial review of a mid-year statement and a financial audit of a year-end statement and statement on termination, and

(B) report the results to the Committees on the Judiciary of the Senate and House of Representatives not later than 90 days following the submission of each such statement.

History: 2000, PL 26-30.