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TRDK STATE COURT HOUSE: ITS FUNCTION AS A PUBLIC OFFICEEflove MailoBGary HuetonJason MendiolaMurina ShiraiKatherine JosephINTRODUCTIONGroup PurposeSince the start of Micronesia's series of foreign occupation(Spanish 1886-1899, German 1899-191 , Japanese 191 -H, and nowAmerican) each establishing an administration during its time,many new innovations, ideas, and practices have been introduced.They were either accepted freely by the Micronesians or imposedupon them. Receiving these changes not only meant an eventualdependency on alien goods and materials but also initiation intoa new way of life. Among the many changes brought by eachadministrator is a law system, structured and geared for a modernsociety and almost totally different from the simple traditionallaw system of Micronesia composed of village elders and chiefa.As the years progressed and each administration mandated, thelegal system became more complex, parallel to Micronesia's furtherrising dependency on foreign goods. Micronesia was becoming amodern society. Her traditional judiciary system was enteringinto a state of obsoletion. New laws were' establishedwith insti*tutions to enforce them, and new courts were fermented to justifyand try accordingly to these laws. In the present, the law aystem,which is based on the Anglo-American legal system* is administeredin modern day courts modeled entirely after the American Judiciarysystem.

Truk State Court House, Page 2«It ia the purpose of this paper to attempt illustration of the AngloAmerican courts, their functions as public offices, found in Micronesiatoday. Because the members of the court bouse group were limited to workonly in Truk, we will be using the Truk State Court House as a generalrepresentative of the other courts in Micronesia. We hope to achieve ourabove goal by presenting the offices and their functions within the TrukState Court House and other related offices, giving statistics on casesfiled and tried in the Truk Court House for the paat two years, showingthe court house expenditures for the past two years, and explaining thecourt house interactions with the few remaining traditional courts.Basic History Of The Truk Court HouseThe Anglo-American legal system was first introduced in Truk and Micronesia in 19 5 under the administration of the U.S Navy. It was at thattime when the Trust Territory Judiciary Division was stationed in Truk* In1962 the Trust Territory Government moved its headquarters to Saipan leavingbehind the Truk District Court House, as it was known, then. The court housewas located in Nantaku village on Moen and housed two courts: The TrustTerritory High Court and the Truk District Court. The building used was ashabby quonset hut built of wood and metal sheets. In 1964 the first TrukeseJudge was appointed, Sokichy Fritz, to be an associate to Judge Sugray, whowas the presiding Judge that time. Funds were requested by Judge Sugray in1968 for building a new court house from the U.S Congress. In 1969 preliminary actions were taken on the new court house, designed by Thomas J. Davisinc. of Guam, and it was to be constructed by an Australian contractor. Thepresent day court house was finally completed in 1972 and on July 6, of thatsame year it was dedicated. The property on which the ccoirt house is situated(Nantaku) is leased to the Trust Territory Government by the private sector*The building itself belongs to the Truk State Government; however, the personalproperty which includes desk, typewriters, etc. belong still to the T.TGovernment.

Truk State Court House, Page 3»JURISDICTION OF THE COURTSTrust Territory High CourtTechnically the Trust Territory High Court has jurisdiction over allcourt matters within the Trust Territory. Actually it tries all laaicUqaaes,maritime, and criminal cases which are subjected to over 2000.00 fineand five years imprisonment. The Trust Territory High Court consists ofa trial division and an Appellate division. The trial division being underthe Appellate division. (Refer to diagram below.)

Truk State Court House, Page k.Truk District CourtThe Truk District Court is allowed to try criminal and civil cases only;Criminal cases that do not exceed 2000.00 in fine and five years imprisonmentand civil casee that are not.a thousand dollars in fine. The District Courtis minor to the T.T court and administers over the municipal courts which onlypreside over criminal and civil cases not exceeding 100.00 in fine.(Refer to diagram A below.)Diagram ACourt Hierarchy on Truk

Truk State Court House, Page 5»OFFICES WITHIN THE DISTRICT COURTDiagram BDistrict Court HierarchyPresiding Judge and AssociatesThe presiding Judge is the overall head of the District Court and administersJustice reqularly with aid from bis Associate Judges* He has jurisdiction in boththe District Court and the Municipal Courts. He is responsible for all the employeesof the District Court and all the judges of his court. Some of his duties are seeingto it that the needs of both courts under his jurisdiction are met; he does this byproposing the yearly budget of the courts, and requesting funds for court projects.He also appoints court employees, makes changes within the court house, and keepsthe courts in presentable and qualified status in order to practice. The AssociateJudges are responsible for helping the Presiding Judge perform these duties.

Truk State Court House, Page 6.Clerk of CourtsThe primary duties of the clerk of the court and his assistants are to keepavailable to the public accurate records of court cases, money handled by thecourt, legislations of the F.S.M Congress, the state legislature, orders of theHigh Court, and instructions of the Chief Justice. He also acts aa an interpreterand translator for the court. He assists the courts in explaining its procedures,and issues its notices.Probation OfficerThe Probation Officer is responsible for providing information to the courtson convicted defendants for sentencing; he investigates the defendants' background(including past criminal records, employment history, and his relations with hisfamily and the community.) The Officer also investigates the backgrounds of adjudged delinquent children (including compiling and preparing reports of investigations on individual case prior to sentencing and appealing in courts andproviding recommendations for sentencing.) He is also responsible for persona onsuspended sentences, probation or parole* The Officer, at the same time, provideswritten reports to the courts for alleged violation of conditions of probations bydefendants or delinquent children and may recommend alternative punishments forsuch violation. Besides that, the Probation Officer assists in the maintenance ofrecords for active criminal cases, and contacts.agencies, private individuals, orcompanies to secure employment for defendants. He also performs other incidentalduties as required*

Truk State Court House, Page ?.BELATED OFFICESPublic AffairsThe Public Affairs Office is related to the Court House according to theTruk State law 3-25 which is the organisation of the executive branch. TheOffice is bonded to the Court House due to the Truk State law 5-32 section 33which regards nomination of municipal court judges. Its main responsibilityis to deal with and regulate municipal and civil matters* The Public AffairsOffice is also in charge of putting out public announcements or orders regardingthe nomination of municipal judges by way of the Chief Magistrate. Also whenrequired, investigates the procedure or way in which a municipal judge ie electedif irregularies arise.Public SafetyThe Department of Public Safety is related to the Court System due to thefact that it enforces laws and maintains peace for the general public* ThePublic Safety Office provides information regarding cases which are brought tothe attention of the Attorney General's office. With its testimony and information, the Public Safety Office helps the Attorney General's office indetermining wether a case should be brought to court.Public DefenderThe Public Defender Office ie funded by and a branch of the F.S.M NationalGovernment. The Office plays a major role in the functioning of the CourtHouse in that it provides for the general public (for those who can not affordprivate lawyers) attorneys for criminal cases only. It'also advises other lawparties in Micronesia on legal matters. The Public Defender Office is the mainupholder of the rights given to an individual by the F.S.M Constitution.

Truk State Court House, Page 8.Attorney GeneralThe Attorney General recieves technical supervision from the AttorneyGeneral of the Trust Territory and administrative or line supervision fromthe Governor. The office of the Attorney General prosecutes all criminalcases, other actions in law, and any case the government is a part of or hasany interest. His office works closely with the Department of Public Safetyand its duties include assisting in drafting proposed legislation and promulgating laws, rules, and regulations when requested by the Governor orother offices. The Attorney General Office renders opinion on all legalquestions and also reviews and approves virtually all contracts to which TrukState is a part.Legal ServicesThe Micronesia Legal Services is a private agency founded by the UnitedState Congress. Their main purpose is to represent plaintiffs that can notafford private lawyers. With its headquarters in Guam it haa an office ineach district center in Micronesia. They only deal with civil cases. Theyprocess cases which they agree as true problems through a series of methods.Like the Public Defender's office, the Micronesian Legal Services also giveslegal counciling to other law parties.LegislatureThe Truk Legislature approves and appropriates the budget of the courthouse and its expenditures. The funds come from the U.S Department of Interior.Laws are formulated by the Legislature and interpreted by the court house.»Statistics on Court CasesThe membere of the court house group thought it neceesary in order toexpress the function of the court house as a public office to present statisticscases both criminal and civil that were filled and disposed of within the pasttwo years. Refer to pages f , 10 ,15.

Truk State Court House, Page 9« T3 U-7!hendPending atCRIMINAL CASESDisposed""startCases for 1982Pending atTruk District 0162063017113567k4357 2254CIVIL CASESRegularSmall claimJUVENILE CASESJuvenileCases for 1983CRIMINAL CASES 85855121**3132330FelonyCIVIL CASESRegular*Small claimJUVENILE CASES\--JJuvenile

the T.T high court. 4JOSbOaCIVIL CASES-PT)haa -MasA ttT) Ud *I0« «.§ §i% 8 Ht*(4aa« 0a. t»1589ko136122118996Contract5336305997 093Damages otherthan 00LandOthers— H(0DisposedCases for 1982Outer islandst»a« t»aFiled in thedistrict ctr.Trial division ofFiled in theTruk State Court House, Page 10.TOTAL2Jt65276CRIMINAL CASESMurder101Homicides otherthan rimes againstpersonaCrimes against

Truk State Court House, Page 11 oj. . . .j'v . . .Trial division ofthe T.T high court.Casee for 1983 p4*0T34.Ma -pa«Oi «CIVIL CASESa HN HH« «a04'tl53« -Pd TSa0 H HT»(0HiMfLand9(0 o4) 4 o4 603 i5'd 15h H0«a5 S*1 H-HT3b415 aT\C» xlaTlSo 1a §s s bDh«s &156156010553052«jContract7042053Damages otherthan contracts302* 2 5 50256063 0i»250810, 2582580186000000C503OthersTOTALCRIMINAL CASESffMurdsr000Homicides otherthan murder0002k1Crimes againstpersons» .5h Crimes againstproperty605TOTAL8k6'11016604