S u p r e m e C o u r t o f t h e F e d e r a t e d S t a t e s o f M i c r o n e s i a Volume I Issue 4 March 31, 2009 Seal of the Supreme Decision Making Work- nicipal Court, U Municipal Court, Kitti Mu- Court of the FSM nicipal Court, Sokehs Municipal Court, Nett shop by Pacific Judicial District Court, Kolonia Town Court, Kosrae The seal above repre- State and Land Court and FSM Supreme sents many things of the Development Program Kolonia, Pohnpei. March 20, 2009 Court. ways of the Micronesian There were 24 participants registered on the people. The “V” sign in The FSM Supreme Court in coordination first day and 19 of them fully participated, the center of it is a star point which signifies “star and collaboration with the Pacific J udicial completed and were awarded certificates at path navigators” a tradi- Development Program (PJ DP), conducted a the end of the workshop. The training focus tional and contemporary training workshop for judges of the Na- was on the structure and rationale of writing symbol common to all tional, State and Municipal Courts on an court decisions and judgments. The exercise four FSM Island States; advanced course of Decision Formulation emphasized the importance for all judges to and, it also represents a and J udgment Writing Level II. This train- understand his/her jurisdiction, constitution mountain and ocean ing was a follow up of the same subject of- and laws that govern penalties and sentenc- waves. fered in Pohnpei in J une 2007 as Level I. ing in their given jurisdictions. Court deci- The course was taught and facilitated by sions are written in accordance with the con- Honorable Enoka Puni, a retired judge and a stitution and statutory authority allowed in faculty of PJDP. a given jurisdiction and never by gut or per- The training was conducted at Pohnpei Su- sonal feelings. Inside this issue: preme Court from March 16-20, 2009. The Many participants valued this training as an participants were from Yap State Court, important opportunity that helped them to Chuuk State Supreme Court, Weno Munici- better understand their roles as judges. Most PJC Meeting 2 pal Court, Pohnpei Supreme Court, Pohnpei importantly, they learned the structure that Court of Land Tenure, Madolenihmw Mu- would greatly assist and guide them to write 2009 Law Day 2 decisions that are Congressman Eni 3 well organized, well reasoned and easy to understand. New Bar Members 3 Passing of Sir Mari 4 Passing of Hon. 4 Samson ThanksgivingStudent Visit Cele- 64 Appeal Cases 5 CAN YOU ID? 5 ABOUT THE LAW 6 Front l-r : CJ Hadley (Madol.), CC Keller (FSM), CG Shah(Yap), AJ Johnny(Pni.) 2nd row l-r : PTJ Falcam (U), AJ Loney (Sokehs), PJ Roby (Weno), Hon. Puni 3rd row l-r : AJ Ligohr (Pni. Land Ct.), AJ Yinug(FSM), AJ Allen (Kosrae), PJ Yamagu- chi (Pni Land Ct.) Back row l-r: AJ Aisek (Chuuk), CG Warren (Chuuk), CJ Noket (Chuuk), CJ Aliksa (Kosrae), AJ Perez( Madol.) Missing : CJ Henry (Kolonia), CJ Ekiek (Nett), AJ R. Johnny (FSM), VO LUME I ISSUE 4 N EW SLETTER PAGE 2 Pacific Judicial Council (PJC) annual cuit. Executive Meeting The Executive Meeting was followed by a PJ C Education Koror, Palau. February 05, 2009 Committee meeting and a judicial training workshop. The Pacific J udicial Council (PJ C) held its annual Execu- tive Meeting in Koror, Palau at the Palau Pacific Resort The outcomes of the Executive Meeting and the Education Hotel during the first week of February 2009. All Chief Committee Meeting confirmed the 4th Court Administra- J ustices and Presiding J udges of the PJ C member juris- tors Training to be held in Yap in J une, 2009 and PJ C dictions ( American Samoa, CNMI, Guam, Palau, RMI, biannual conference slated for October 25, 2009 in Saipan, FSM and all 4 State Courts of the FSM) were present ex- CNMI. cept Pohnpei Supreme Court. Also present were Honor- The subject of the training was on Court Executive Team able Mary Schroeder and Honorable Clifford Wallace, for- Development focusing on management model of leader- mer Chief J udges of the US 9th Circuit Court of Appeals ship collaboration. The workshop was coordinated by Hon. and members of Pacific Island Committee of the 9th Cir- Clifford Wallace and facilitated by Dr. Dale Lefever, an organizational development consultant and trainer. The subject matter was designed to enhance the ad- ministrative effectiveness and efficiency of the court through promotion of a team approach to manage- ment between the Chief J ustices and Directors/ Administrators. Many of the FSM and State J udiciar- ies participants cherished the valuable opportunity to learn new leadership skills and gain new perspectives and insights that can help them improve their work- ing relations as members of Court Leadership Team. Overall the training was a great success. The Palau Supreme Court did a marvelous job in hosting this PJ C activity. Some of the participants Participants to the 2009 PJC Executive Meeting and Train- called on the new President of the republic at the end ing, Koror Palau of the workshop. 2009 FSM National Law Day Palikir, Pohnpei “Be it resolved that in the interest of improving the health of the citizens and residents of the Federated States of The FSM National Law Day is one of the court’s annually Micronesia, the importation of the following items into the sponsored programs that features high school students FSM shall be prohibited by law: representing their states of Chuuk, Kosrae, Pohnpei and Turkey Tail Yap in debates on issues of national significance. The Canned Corn Beef purpose of the Law Day when it was first organized and Spam held in 1991 was to involve high school students and the Instant Ramen Noodle general public in discussion of issues important to the Such other products as may be determined by Federated States of Micronesia as a developing nation. statute or regulation to be unhealthful.” Law Day has become an important activity of the court. Since its inception on July 12, 1991, over 120 high School Each year, the court pays to send the student de- students from the four states have already been involved baters to the venue of the debates and provides financial in the event and over $120,000 in scholarship funds have assistance for their initial post-secondary education to been issued. For the past seventeen years, the Federated attend colleges and universities of their choice including States of Micronesia, through the Supreme Court, has the College of Micronesia–FSM. The scholarship assis- been providing the opportunity to high school students to tance money is given to the student debaters upon their participate in the development of our nation through de- submission of letters of acceptance to the colleges or uni- bates on issues important to the FSM, and the same op- versities of their choice to the court. portunity to the general public to be involved in these dis- The venue for the 2009 FSM National Law Day is cussions as well. Chuuk State. Since July 12 falls on a Sunday this year, A coordinating committee is appointed each year the committee decided to move the event to Monday July to organize the law day. The committee selected its chair- 13, 2009. The ceremonies and debates will commence at man after the appointment and decided on the topic of the 9:00 a.m., Chuuk time, and will be broadcast live through- debate. This year’s topic is: out the Federated States of Micronesia on Monday, July 13, 2009 from the State of Chuuk. VO LUME I ISSUE 4 N EW SLETTER PAGE 3 Congressman Eni visits the Court Palikir, Pohnpei, On March 05, 2009 at 10:00 am., Honorable Eni. F.H. Faleomavaega, American Samoa Delegate to the US Con- gress paid a courtesy call on FSM Chief J ustice, Andon L. Amaraich. Congressman Faleomavaega visited the FSM as the Chairman of Foreign Affairs Sub Committee on Asia Pacific and Global Environment. His brief meeting with the Chief J ustice was warm and pleasant. The two had met each other about twenty years ago. The Con- gressman was interested to know statistics of how many lawyers there are in the FSM and how he could help to entice students to pursue their education in legal career in the US. In responses to the Congressman’s inquiry, Chief J ustice Amaraich informed him about the problem of the division of the Compact II J udicial Training Fund between FSM and RMI. The division was done by the Department of the Interior based on general population instead of number of judges and court staff of each coun- try. The Congressman commented by stating that in Washington D.C. it is always the rule to divide or distrib- ute funds based on population. Chief J ustice Amaraich l-r: Chief Justice Amaraich, Congressman Eni commented that while such a rule may be sensible and reasonable for programs and services that involve general ings. populations, the Chief J ustice pointed out that the policy, However, since this was the first time to learn of this is- on the other hand, exacted an inequitable situation for sue, Congressman Faleomavaega said that he would look FSM. Since that fund targets a specific group or specific into it when he returns to Washington, DC. He encour- audience, the sensibility and the reasonableness of the aged Chief J ustice Amaraich to contact him directly any- rule become inequitable.