Pago Pago, AMERICAN SAMOA — The Senate approved in its final reading yesterday, a bill introduced by Senate President Tuaolo Manaia Fruean, which reduces the term of the Administrative Law Judge (ALJ) from six years to four years.

Attorney General Fainuulelei Alailima-Utu, who testified on the bill before the Senate Judiciary Committee, stated that the governor is questioning the necessity of this change. He noted that the office of the ALJ has operated effectively under the current six-year term for many years.

The AG revealed that the governor’s position is to maintain the existing term length and he pointed out that it was the Fono that had previously established the six-year term for the ALJ.

Senator Togiola Tulafono explained that when the ALJ position was established, there were discussions about setting the term length at four years, six years, or even for life.

Ultimately, the decision to set the term at six years was made to ensure that the ALJ’s decisions would not appear to be influenced by the governor. This six-year term was chosen specifically so that it would overlap with the governor’s term, thereby promoting judicial independence.

However, Senate President Tuaolo argued that politics now influences every aspect of government. He pointed out that there is a significant backlog of cases before the ALJ, suggesting that the appointee might be prolonging cases due to the security of a six-year term.

Tuaolo also emphasized that the Senate has the authority to pass the bill, but that the governor can veto it if he does not support the change. He expressed his belief that it is best to reduce the ALJ’s term to four years so that the ALJ’s service ends when the appointing Governor leaves office.

AG Fainuulelei countered by stressing the importance of judicial independence, a fundamental principle of any democratic government. He noted that while the governor appoints the ALJ, the officeholder is guided by laws, not by the governor’s preferences.

“The ALJ cannot be influenced by what the governor wants,” the AG stated.

Tuaolo, however, stood firm in his position, stating that the Senate is not obligated to follow the Attorney General’s advice. He reiterated that the governor has the option to veto the bill if he does not agree with it.

In its final reading yesterday, senators were unanimous in their support of the bill.