Pago Pago, AMERICAN SAMOA — Chief Justice Michael Kruse has issued an Order to Show Cause (OSC) for Public Defender Douglas Fiaui, on why he shouldn't be held in contempt of court for not fulfilling his duties as an officer of the court.

Fiaui is currently off island on a 12-week vacation.

Meanwhile, two of his clients appeared in High Court for a jury trial — and the court has continued both matters because of Fiaui's absence.

Two weeks ago, assistant public defender Ryan Anderson filed a motion in High Court to continue Sefo Mika’s jury trial, which was scheduled for Apr. 23 because his attorney is off island for a 12-week vacation. The government’s attorney Woodrow Pengelly did not oppose the defense’s motion.

Anderson told the court that he has no option but to ask for a continuance, because he has no knowledge of Mika’s case, as he hasn't spoken to the defendant or any of the government’s witnesses in this case.

“Where is your boss?" Kruse asked Anderson with a sharp voice, referring to Fiaui. Anderson told the court that Fiaui is off island for 12 weeks, and he is set to return in mid-July.

“Why is he off island for that long?" Kruse wanted to know. Anderson said he couldn’t speak on behalf of Fiaui about his off island trip.

Kruse looked at Anderson then shook his head and said, “This is your office’s problem, not the court's or the government's. Fiaui knew about these cases but now he's left the island knowing this defendant has the right to a speedy trial.”

“Why is he off island?" Kruse inquired again. Anderson responded that he has no idea, adding that he's dealing with the District Court calendar for the Public Defender’s Office (PD) but was told to represent Mika on behalf of Fiaui — just for this time — until Fiaui returns.

Kruse was silent for a moment before granting the motion to continue Mika’s jury trial to the second backup date that was already set by the court, which is October.

Mika, who is out on bond to await his trial, is charged with 2nd degree burglary and stealing — both felonies.

This week, another motion by the PD's office to continue a jury trial came before the court.

Sione Maila, who is also out on bond, is charged for a 2016 sexual abuse case involving an underage girl who now resides in the mainland.

Maila, also represented by Fiaui, had a jury trial scheduled for next Monday.

On Wednesday this week, Acting Public Defender Michael White appeared in court with Maila and asked for a continuance.

When Kruse asked when Maila's jury trial is to be heard, White said, "Monday."

Kruse laughed and asked White why he waited until the last minute to file his motion for a continuance.

“I did not read your motion and I have no idea why you’re asking for a continuance,” Kruse told White, who explained that he had no knowledge of the case until last week when he reviewed their office files and came across it.

“Your honor, I haven’t investigated this case so I don’t understand what the case is about. I did not get a chance to speak to the defendant or talk to any witnesses about this case. During our meeting with the defendant last week at my office, he was surprised to hear that I am his attorney now. He thought Fiaui was still his attorney," White told the court.

Kruse changed his demeanor after he heard White’s statement.

“This is the second time Fiaui is off island while trials for his clients are on the line,” Kruse said with a raised tone.

“It messes up the defendant’s right, messes up my calendar, and even messes up the government’s schedule. What is going on at your office? Why is Fiaui off island? Is he going for a family funeral for the 12 weeks as the court was told a few weeks ago? Is he job searching?”

White said it's his understanding that his boss is not off island for a job search — it has something to do with family matters.

“Government, are you ready for trial next week?" Kruse asked prosecutor Robert Morris who responded affirmatively, adding that the government's main witness, who is off island, is to arrive Friday.

According to Morris, he spoke to the victim’s mother 2 weeks ago and she confirmed to him that she's already arranged for her daughter's trip from the Bay Area.

“The mother is paying for her daughter’s ticket to fly down to American Samoa for this trial, so at this point, the government objects to the motion for continuance; however, if the court wishes to grant the defense’s motion, the government would ask the court to please set the trial for a date that is convenient to the government’s witness," Morris said.

Kruse asked the Clerk of the Court whether there is a jury trial back-up date for the defendant.

The response was "no" and this caused Kruse to laugh again.

He looked at White and said, “This is my problem—- this defendant has a 6th Amendment right to a speedy trial. How many other cases like this will you be coming in for to ask for a continuance? Counsel Ryan [Anderson] came a few weeks ago and asked for a continuance, now you’re before the court this morning (Wednesday) to ask for a continuance. Who else from your office will come and ask for a continuance?"

White said he's already reviewed their office files and he didn't see any other cases like the ones before the court.

Kruse was silent for over a minute, rocking in his chair while looking around the courtroom.

He then looked at the prosecutor and said in a friendly tone, “I have to grant the motion for continuance."

Kruse asked Morris if the witness is on island, and the prosecutor said no.

“Did you say your witness is coming on her own money and time?" Kruse asked Morris. The prosecutor said, “Yes, your honor. Her mother is paying for her fare so she can be on island for this case.”

“All right, here is the order of the court. One, I’m going to order the government and the PD’s office, to make sure this witness is compensated. Government, you advise the Treasurer. Don’t let the Treasurer come and say the lawyer never told me.

“Two, I order an Order to Show Cause (OSC) for Fiaui on why he should not be held in Contempt of Court. This is the second time he's compromised our calendar."

Kruse turned to the defendant and explained to him what was being discussed between the court and the attorneys.

“I have a jury subpoena next week for your case; however, counsel White has now informed us that he’s not ready to assist you. He also said you were surprised that he’s now your lawyer and he wishes to continue your trial to another date. Is that your understanding?" Kruse asked Maila.

The defendant responded affirmatively, and said he wishes to waive his right to a speedy trial, and let the court decide on another convenient time.