46.1504 Grounds of disqualification.

Cite as [A.S.C.A. § 46.1504]

A prospective juror is disqualified to serve as a juror if he:

(1) is not a National of the United States, 18 years old and a resident of the Territory:

(2) is unable to read, speak, and understand the English or Samoan language;

(3) is incapable, by reason of his physical or mental disability, of rendering satisfactory jury service; but a person claiming this disqualification may be required to submit a physician’s certificate as to the disability and the certifying physician is subject to inquiry by the court at its discretion; or

(4) has been convicted of a felony in a Territorial, State, or Federal court and not pardoned.

History: 1980, PL 16-70 § 1.

Case Notes:

Fact that jurors who speak only Samoan must receive jury instructions through translator does not violate constitutional right to due process; need for translation is inevitable in bilingual territory where many witnesses and jurors speak one language but not the other. 46 A.S.C.A. § 46.1504. American Samoa Government v. Agasiva, 4 A.S.R.2d 110 (1987).

No right exists for a citizen of another country to be tried in American Samoa by a jury of his compatriots. A.S.C.A. § 46.1504(1). American Samoa Government v. Schuster, 24 A.S.R.2d 102 (1993).

Territorial statute permitting jurors who can read, speak, and understand Samoan but not English does not violate defendant's constitutional right to effective assistance of counsel. 46 A.S.C.A. § 46.1504. American Samoa Government v. Agasiva, 4 A.S.R.2d 110 (1987).