eit
ee
ve mem Bet
.
. at
:
:
te ah
TERS 4, Peetate
ict aver anh vidbawela, be te baie
urt has original
vases where the
4e of the propexceed $100,
aritime matters
title toland or
other than the
ession), and in
the maximum
ye imposed
iné or im3, or both.
of all courts, except the High Courg certain criminal andcivil cases in its
and the community court for thgstrict. In 1966 the Mariana Islands
Kwajalein Test Site, are Micronesiansgstrict Legislature adopted this limi-
as are all clerks of courts, assessors
system of trial by jury. No other
and other employees of the courtsjstrict legislature has enacted laws to
except for the administrative officer. opt provisions of Public Law No.
three court reporters, and a secretary-7, and notrial by jury has been held
to the Chief Justice. Of the 125yen in the Mariana Islands District.
Micronesian judges, 23 are district’
court judges, who also serve as speciaij_ A simplified small claims procedure
judges of the High Court, and 106 are; in operation for handling claims for
community court judges. Micronesians00 or less in district and community
also serve as the six district clerks ofpurts. Community courts are allowed
courts, 12 assistant clerks of courts,duch latitude and only are required to
mply with the more essential parts
the rules of procedure applicable to
f the Interior
* Justice, the
the panel of
Official Languages
e High Court.
in cases in the High Court are in#views, powers on appeal or review,
:d to sit in the
lese judges is
gislative and
; Covernment
*pend ence of
the Trial
y
‘t can remove
court judges
r terms for
Assessors are
if necessary,
. polding a
I
and two probation officers.
nt and
s other than
y he.Chief
‘y the Chas
of the High
oF a
essors
udges other
of
district
ployed
as
yees of the
xtent constration, as
- the Trust
the judges
er courts.
Ordinarily, proceedings and records’
Rights
of the accused, appeals,
English, but pleadings in indigenousind stays of execution, are defined in
languages are frequently accepted. ehapter 4 of the Trust Territory Code.
Proceedings in the Trial Division arefhe Government has the right of
normally translated orally in open{ppeal in criminal cases only when
a
court into the principal indigenousWritten enactment intended to have
language of the area where the pro-fhe force and effect of law has been
ceedings are being held. Further trans. field invalid. In such a case the action
lation is also provided for any accused Which may be taken on appeal is
who understands neither English nor imited to a reversal of any determina-
ion of invalidity of the enactment
volved and does not affect any find-
such principal indigenous language.
a
In the district and community
g of not guilty.
courts, proceedings are ordinarily in ;
the principal indigenous language, and & In line with U.S. Supreme
Court
records are kept either in that language Wecisions pertaining to the rights of an
or in English.
Procedure
accused, the High Court issued an
pinion directing that similar safepuards be made available to persons
nder investigation for commission of
The procedure followed in the €times. These include:
Territory courts in both civil
and
criminal cases is, in general, a simpl
ifi- §
cation of that used in the U.S. distr
ict ¥
courts sitting without jury.
:
The Congress of Micronesia, by
Public Law No. 1-7, effective August
e Prior to any questioning, the
person must be warned that he
has a right to remain silent, that
|
e That the police are required to
obtain counsel for a_ person,
when he so requests, and they
may not interrogate until counsel
is present.
After a criminal charge has been
brought, the defendant is entitled to:
e Have, in advance of trial, a copy
of the charge upon which heis to
be tried
e Consult counsel before trial and
have an attorney-at-law or other
representative of his own choosing defend him attrial
e Apply to the court for further
time
to
prepare
his
defense,
which the court shall grant if
. satisfied that the defendant will
otherwise be substantially prejudiced in his defense
e Bring with him to trial such
material witnesses as he may
desire or have them summoned
by the court at his request
e Give evidence on his own behalf
at his own request at trial,
although he may not be compelled to do so
® Have proceedings interpreted for
his benefit when he is unable to
understand them otherwise, and
any statement he makes may be
e Request appointmentofan assessor in trials before the Trial
presence of counsel, either
retained or appointed, during
interrogation,
has not been appointed by the
Trial Judge under provisions of
Section 126 of the Code.
used as evidence against him, and
that he has a right to the
23, 1965, authorized the district legislature of any district to adopt the
system oftrial by a jury ofsix persons
e@ That the services of the Public
Detender, when in the vicinity,
and of his local representative are
available to represent a person
under investigation and that such
services are provided without
cost to the person.
Part V—Political Advancement {Fiscal Year 1968
Division of the High Court if one
31
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ERCRREEN II SemR eer
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