Pago Pago, AMERICAN SAMOA — The chairman of the House Government Operation committee has scheduled a confirmation hearing for the acting Director of the Office of the Public Defender on Friday, Sept. 16 at 7:30a.m.

This was after the House of Representatives received a letter from Gov. Lemanu confirming the appointment of David Vargas as the Public Defender.

According to Lemanu, Vargas is a well-known attorney who has worked in American Samoa since 1995. That included two years that he worked as an Assistant Public Defender (APD).

In July, Vargas agreed to temporarily fill the role of the acting PD until a permanent PD could be found. Lemanu also said that Vargas’ 90-day term as acting PD ends in October and it appears likely that the new PD will be here in December.

Vargas, who has been in private practice for about three decades, has served as an independent prosecutor on several cases, since the closure of that office.

Former Public Defender, Michael White, who had been the only attorney in the PD’s Office resigned at the beginning of March this year. The court ordered that after a two-week break to take care of his health, White will handle pending cases of defendants he has represented.

BACKGROUND

Last June, White was found guilty of contempt of court for not showing up in court for cases he was representing.

He tearfully told the court at a case hearing in June of this year that after being the only attorney in the PD’s office since March, he felt he couldn’t handle the pressure any longer.

White said he had to consider his health, as he had high blood pressure and the welfare of his family, especially his 6-year-old daughter.

The former PD, who worked for the Public Defender’s Office for 11 years, four of which as PD, said he also had to consider the clients he was representing and whether they were being justly represented.

White recounted how he had tried to get help for his office — from the Governor’s Office and others — without success. He said, he had briefed Lt. Governor Talauega Eleasalo Ale about the dire situation and was told to wait 4-5 months for an answer.

Acting Associate Justice Elvis Patea, flanked by Associate Judges Suapaia Pereira and Paepae Faiai, sentenced him to a one-year probation.

Speaking from the bench, Patea said that White’s decision to resign from his post was born out of desperation and extreme frustration.

“We recognized the respondent’s concern for his physical and mental health and also his care for his family.

“However, the move by White to terminate his post and impact the rights of his clients did not sit well with this court.”

Patea referred to White’s testimony the day before that once he resigned as public defender, he could no longer appear and represent his clients.

White “believes that the entity known as Public Defender’s office is the attorney of record and not him personally. He also believes the entity is the licensed attorney.

“This is simply not true.”

The court stated that all attorneys are bound by a code of ethics and regulation in the jurisdiction that allows them to practice their craft.

“We find that the respondent’s conduct ending his employment and abandoning his clients has obstructed the administration of justice and therefore we find and hold him in contempt of court,” said the court.

Contempt of court carries a fine or jail sentence.

The judges suspended the sentence and placed White on probation for one year, with conditions of which he has to represent defendants in certain pending criminal cases.

Patea instructed that White represent defendants preparing for sentencing, of which there are 28 this month; and all defendants whom he negotiated and signed plea agreements for.

The court gave White two weeks off from court to take care of his health. He is to bill the court for his hours on all work performed.