Attorney General Talauega Eleasalo Ale testified last Friday before the House Judicial Committee in support of a Senate bill that seeks to remove the age limit for temporary associate judges of the High Court.

But after the 30-minute hearing, a majority of committee members agreed to table the bill in committee for further review and research, despite urging from other lawmakers to report the measure to the full House.

A provision of current statute says that temporary associate judges — who are subject to Senate confirmation only — shall be removed from the panel upon attaining the age of 70, but this provision of the law will be deleted if the Senate bill is enacted into law.

During the committee hearing Talauega urged faipule to endorse the Senate bill, saying that he is supportive of the measure and that there are many people these days who are over the age of 70 and their minds are still sharp and they are in good health, and can serve on the bench.

Responding to questions from Rep. Fetu Fetui Jr., the attorney general says American Samoa has a small pool of qualified candidates for the chief justice to select from in order to be appointed to the bench.

Talauega also noted for the committee that individuals over 70 have the wisdom and knowledge to make wise decisions for the court.

“I support the bill 100%,” said Fetui, adding that he believes in the Chief Justice making the right selection for a judge pro-temp.

However, one of the concerns raised by committee members is whether a person over the age of 70 would be healthy enough, and of strong mind.

Committee chairperson, Rep. Vui Florence Saulo asked if the bill can be amended to reflect that anyone not in good health should not be appointed to the bench—even if that individual is over 70-years old.

“If that is the wish of the committee to further strengthen the law, that is up to the House members,” was Talauega’s response, and he emphasized at least three times during the hearing that the law outlines the qualifications of pro-temp judges, who are selected by the Chief Justice.

(Under local law, the selection by the Chief Justice is then submitted to the Governor for transmittal to the Fono for Senate confirmation. Only the Senate confirms appointments to the bench.)

During a 20-minute committee debate after the witness left the House chamber, Vice Speaker Talia Faafetai Iaulualo voiced his concern over the “level of competency" of a person who is over 70-years old sitting on the bench, making decisions that will have an impact on the lives of the community.

Other committee members also echoed Talia’s concern and it was moved to table the bill for further review. However, other members— including Fetui— insisted that the amendment is perfect and argued that the bill should be reported to the floor for approval.

 In the end the majority ruled that the bill should remain in committee for further review and consideration. Some committee members wanted to call another hearing, where a court judge or official would be questioned about the impact of this measure on the court system.