4.0809 Assignment of judges to division to appoint independent prosecutor.

Cite as [A.S.C.A. § 4.0809 ]

(a) Appointing division. Beginning with the two-year period commencing on the effective date of this section, three justices, associate judges or district court judges shall be assigned for each successive two-year period to a division of the High Court of American Samoa to be the division of the court for the purpose of appointing independent prosecutors. The Clerk of the High Court shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.

(b) Other judicial assignments. Except as provided under subsection (e) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.

(c) Assignment. The Chief Justice shall designate and assign three justices, associate judges or District Court judges to such division of the court. The Chief Justice may assign himself and/or retired justices and judges to the division.

(d) Vacancies. Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.

(e) Recusal. Except as otherwise provided in this chapter, no member of such division of the court who participated in a function conferred on the division under this chapter involving an independent prosecutor shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent prosecutor is serving in that office of which involves the exercise of such independent prosecutor’s official duties regardless of whether such independent prosecutor is still serving in that office.

History: 2000, PL 26-30.