Across The Universe: In Court

It now has been 3 days here at work. Let me give you an idea of the court system in AM Samoa. First, it's small. There is District Court, which has 1 courtroom, and handles all misdemeanors as well as felony first appearances. Then there is High Court, which does felonies that have been “bound over” as well as civil cases. High Court has 2 courtrooms. I'm told there is one more courtroom upstairs somewhere, which does mainly juvenile/child protection “Chips” cases. They insure a degree of confidentiality there in a rather simple manner – the courtroom is so small, about the size of a closet, that no spectators could get in if they wanted to. That's all, folks.

There are 3 main judges, one handles all District Court and the other 2 do High Court. In addition there are the Samoan judges. Every case & hearing has not only the lead judge, but (usually) 2 extra Samoan judges. Since 2 of the 3 lead judges are palagis (foreigners, like me) they add in the two Samoans to help insure that the fa'a Samoa, or Samoan way, is upheld. They never say or do anything in court, sit there and look serious. I think they in fact consult with the main judge when making a sentence, or especially in deciding civil cases. Those often involve land & matai (family leader) issues, which are really big deals here. So when arguing a case, there are 3 judges up there, but only one ever says anything to you. When one case is done and they call the next, especially for sentencings, they have to insure that the correct two Samoan judges are there, the ones when the fellow pled guilty. So they adjourn, get the right judges, then come back in. Many postponements occur because the right Samoan judge isn't there for some reason or another.

The judges put on a pretty stern appearance. Most of the lawyers are young, here on 2 year contracts, so they can get intimidated by this. Even I, who has seen quite a bit of judicial attempts at intimidation, still feel it. Will see pretty soon how things will develop. Looks like I'll get approved to practice by midweek next. The defendants are pretty much the same as at home. Usually young, dumb and there due to excessive drinking and/or drugs. There's a big premium on apologizing to everyone for the trouble they've caused, but they just don't seem to hit the right tone of sincerity very often. There are a few defendants who rise above that level, and they can be a challenge. Almost everyone confesses their crime to the police. Hence all the apologies. Overall, much the same as home.

They do have funny ideas of security in court. On my first day, I saw the District Court morning pull; about a half dozen guys in orange jumpsuits. Sitting in the courtroom. No deputy around, he was outside in the hallway. The prisoners mingled with girlfriends, spectators, whoever was around, until the judge came out. One guy, in custody, wasn't there when they called his name. He had stepped outside, was chatting with a friend and smoking. He ran back in when told he was up. No one seemed to think this odd at all. Today I was at High Court; here's a photo from right outside the main door:

American Samoa High Court

The guys in orange suits are the prisoners; these are felony charges. They are just hanging outside during a break. Everyone else are court personnel, out for a smoke. Notice the small pile of flowers on the grass (near prisoner); that's where a police officer was shot and killed last summer, by an upset family member who had a beef with the officer. The paddy wagon van is parked in the lot. Later, the deputies told their prisoners to get in for the ride back to the jail. They all did. Guess that's what life is like on an island. Where would they run to? I think I'll send this photo to Pete Sichko.

I'm assigned an appeal to write (I found a good issue!) and a trial next February. Also some other research type tasks. I'll likely be in Court after Thanksgiving. I hope. Things go slowly here.

A funny story: I had to go get my fingerprints taken at the local PD, for them to do a record check. So they get the prints, and that print card with the record check form attached goes straight to the front desk (no detours anywhere else), where the clerk there checks “no record” and hands it back to me. She collects their $2 fee for this service. I bring all this back to personnel and give it to them. So now I officially have been proven to be without a criminal record.

I went to the jail the other day to get introduced and help interview clients. No photos yet, discretion is better right now. To get in, you walk up to a door in the chain link fence, open it, and walk on up to the small guard building. Remember to close the door; it's just a sliding deadbolt. No lock. They bring the prisoners up to an outside area with picnic tables & chairs. It's under a fale of sorts. They lounge around while you talk to them one at a time, outside, in the shade, breeze blowing. When you're done you say goodbye to the guard and let yourself out. Try to remember to latch the door behind you.

My trial is an escape from there. The fellow is charged with getting out at night, doing a burglary, then coming back in. Jail records show him present at all times. His fellow cellmates snitched him off. Or so they say; their case is a bunch of inmates vs. him. One of those fine witnesses got his girlfriend PG while he was supposedly in jail at about that time. I think this could be a pretty amusing trial.

Here's a photo of our office; this is it, the central area, there's only a small reception room leading here and about 4 small offices. I share one of them:

Am Sam Public Defenders office

The young lady there is Steph Berens; her step-mother is Judge Terri Stoneburner of our Court of Appeals. Steph has been here a year & a half now. She's great!

Here's a few photos of Utulei, where our office is located. That is Pago Pago Harbor, very beautiful, right across the street from us. The mountain is Mt. Poia, the “Rainmaker” and yes, it is raining today. Our offices, sad to say, overlook the parking lot in back. PD's everywhere get the same lack of respect.