Gov. Lolo Matalasi Moliga has appointed a new associate judge for the High Court and a new judge pro tem— a female attorney—for the District Court based on recommendations from Chief Justice Michael Kruse.

Judges for the Judicial Branch require only confirmation by the Senate, in accordance with local law.

ASSOCIATE JUDGE

In his nomination letter, the governor nominated Tunupopo T. Alaalafaga of Ta’u village, who will replace the seat left vacant after the retirement of chief associate judge Logoai Siaki, whose retirement became effective Jan. 2 this year.

Lolo said Logoai has served for more than 50 years in various roles in the government and congratulated and expressed appreciation to Judge Logoai for his many contributions to the betterment of the community.

Tunupopo, a former teacher, served the Education Department for over 20 years in the classroom at both primary and secondary levels. He is currently the Liaison Officer with the Office of Samoan Affairs.

Kruse, in his recommendation letter to the governor, said he feels that Tunupopo “is ably qualified and suited to hold the office of associate judge,” and said "in my opinion he would be an extremely valuable addition to the court.”

In reaching his decision to recommend Tunupopo as associate judge, Kruse said he has taken into account the nominee’s education, career background, and reputation in the community.

“Additionally, I am also compelled to take into account an applicant’s age because there is still a dubious law on the books which seems to proscribe a mandatory retirement age of 65 years—which the governor may extend to 70—for associate judges,” Kruse wrote.

He added, “I am hopeful that the Fono will remove this doubtful [age] limitation given federal response to the arbitrariness of mandatory separation based on age.” He noted that senior associate judge Mamea Sala Sala Jr., has been designed chief associate judge. 

Samoa News should point out that the Senate last year passed a bill to remove the age limitation for associate judges, but was automatically defeated in the House when the last Fono session closed in October without any action by the House Judicial Committee, which tabled the measure.

There was strong support from Attorney General Talauega Eleasalo Ale and the Office of Samoan Affairs for passage of the measure. Talauega told the House committee 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.

JUDGE PRO TEMPORE

For the judge pro tempore post, the governor nominated local attorney Gwen Tauiliili-Langkilde, who will serve alongside two other pro temp judges: Roy J.D. Hall Jr., and Fiti A. Sunia.

In his Dec. 22, 2014 recommendation letter, the chief justice said, “I have had the benefit of working closely with Tauiliili-Langkilde as my former law clerk, as well as observed her as a practicing attorney.”

“As one of our senior practitioners and members of the American Samoa Bar Association”, Kruse said, Tauiliili-Langkilde, who is a product of the local education system and a recipient of an ASG scholarship, “has served various bar offices including as president. She also currently serves on the Chief Justice’s Committee on Bar Admissions and Discipline.

“She is very bright and diligent, and she is committed to the law,” Kruse wrote. “From my observations of her character and temperament, I am satisfied that Tauiliili-Langkilde has the personal qualities to serve as a judge. She would be a valued addition to the bench of American Samoa.”

Budget-wise, Kruse said an added appointment would be revenue neutral as pro tempore judges are only paid, pro rata, when sitting as assigned. At the same time, Kruse said he is sensitive to the competing needs of pro temp judges’ respective law offices, when taking time off from private practice to serve on the bench, especially for any extended period of time.

“Thus, an added pro tempore appointment permits that added measure of flexibility to both the court and counsel,” he said.

Tauiliili-Langkilde earned her law degree from William S. Richardson School of Law at the University of Hawai’i-Manoa and is admitted to practice law in American Samoa and Hawai’i. She has served with the Attorney General’s Office and as in-house counsel for the American Samoa Power Authority  (2002-2004) and American Samoa TeleCommunications Authority (2004-2013).

She is currently in private practice dealing in areas of business and corporate law. She is also called on as legal counsel, when needed, by the Election Office and is a part-time teacher at Fa’asao Marist High School.