Chief Justice Michael Kruse has relayed to the leaders of the Fono and Executive branch the important role played by associate judges who are appointed and confirmed to sit in the High Court, saying that the judges must also undergo training dealing with the law.

Kruse’s message was outlined in his letter last month recommending to Gov. Lolo Matalasi Moliga that Tunupopo Alalafaga be nominated as the newest member of the bench. The Senate, which also received a copy of the letter, has since confirmed the new associate judge, who is expected to take the oath of office soon.

Local law states in part that there shall be no less than five associate judges in the High Court, who shall hold office during good behavior, but who may be removed by the Chief Justice for cause.

Upon attaining the mandatory retirement age of 65, the associate judge must be separated from government employment unless the separation requirement is waived by the Governor.  Immediately after retirement, the associate judge shall be added to the panel of temporary associate judges and shall not be subject to Senate confirmation.

In his recommendation letter, Kruse said that although not required by law, “our associate judges have been historically selected from traditional leaders and bring into the judicial process ‘knowledge of local customs’.”

Indeed, the High Court has acknowledged that “Associate Judges may thus be viewed as symbolically manifesting the traditional decision making structure within the imported judicial framework and process,” said Kruse, citing a quote from a Trial Division decision last October when transferring a court case to the Land and Titles Division of the High Court.

For instance, in all appeals from the Land and Tittles Division, the Fono has empowered associate judges with the exact same “say” or vote as a Justice in the decision making, according to the chief justice.

Moreover, the Fono has also provided that “the associate judges shall be entitled to be heard on all questions before any division” of the High Court, said Kruse.

(This provision of the law states: The associate judges shall be entitled to be heard on all questions before any division of the High Court and to examine any party or witness in the proceedings, and shall also advise the court on such questions as the court may refer to them.)

“Given these responsibilities, I have required training provided under the auspices of the Pacific Judicial Council and funded by Congress,” said Kruse, who is also a member of the Council. “These training sessions essentially entail education and examination on first-year law school subjects.”

“And I am happy to say, our judges have all done extremely well,” Kruse said.

The Pacific Judicial Council is comprised of justices and judges from American Samoa, Guam, the Commonwealth of the Northern Marianas and the U.S. Freely Associated States, with their mission to promote judicial education for all U.S. Pacific island court members and their staff.