Veteran attorney Charles Alailima has shared his thoughts about the “possible deactivation” of attorneys who were admitted to practice in American Samoa when they resided in the territory but who now reside overseas.
A motion by the Attorney General’s Office asks the court to determine if attorneys representing a plaintiff in a civil suit against ASG and police officers are in compliance with High Court rules for the practice of law in the territory, specifically the requirement that they be residents of American Samoa.
The attorneys are Sean Morrison and Kevin Kornegay representing plaintiff Setope Faalata who alleges that he was assaulted by police officers in 2021. Both attorneys reside off island.
Alailima said, “The right to counsel is a fundamental cornerstone of our legal system. American Samoa has long faced a critical shortage of local attorneys. Many residents now cannot find an attorney who is available or not conflicted. This is a risk to legal justice and the constitutional right to counsel.”
It’s Alailima’s opinion that the Attorney General Office’s recent interpretation of the residency requirement for attorneys puts that at risk.
Deputy Attorney General Roy Hall said in support of the motion, seeking to determine if Morrison and Kornegay are in compliance with the High Court’s rules, “it is in the best interest of due administration of justice in the territory of American Samoa that all attorneys practicing law here are in compliance with the High Court’s rules of Practice, Rule 137, that the attorney be a resident of the territory.
“The AG’s interpretation serves only to penalize experienced former resident attorneys who are willing to continue supporting American Samoa’s residents from a distance, rather than addressing the root cause of the issue which is the insufficient number of practicing attorneys on the island,” said Ala’ilima.
The attorney gives his insights on a solution.
“The solution lies not in wholesale deactivating of the non-resident attorneys but in modernizing and updating the judicial and administrative procedures to allow for online filings of pleadings and motions, and enabling court and administrative hearings, including evidentiary hearings, to be conducted online. I understand there are concerns about how this can be done effectively but those are mostly technical issues related primarily to the conduct of court proceedings.
“This modernization has progressed in the states especially since the COVID epidemic and technical problems are addressed and resolved as they arise without restricting access to counsel. This approach not only ensures that residents can receive the legal representation they deserve but also alleviates the burden on local attorneys and makes courts more efficient.”
Alailima said, “Our High Court, Administrative Court and ASG agencies have made some progress in this area but clearly more needs to be done.”
