Pago Pago, AMERICAN SAMOA — The Senate yesterday unanimously approved the appointment of Asaua Falaniko Fuimaono as the Public Defender in a 14-0 vote.

In his letter dated January 5, 2024 to Senate President Tuaolo Manaia Fruean, Governor Lemanu P.S. Mauga stated that “Counsel Fuimaono is a well-known attorney who has worked in American Samoa for more than 40 years.

“He has served as Acting Public Defender since September 2023 and has served as a prosecutor under three prior Administrations. Counsel Fuimaono’s experience also includes work for Uuna’i Legal Services and American Samoa Legal Aid.

“He has extensive experience representing defendants in the local court system over the last four decades. His extensive experience demonstrates his capability to serve as Public Defender.”

During his confirmation hearing held before the Senate session, vice chairman of the Judicial Committee Senator Soliai Tuipine Fuimaono greeted Counsel Fuimaono and thanked him for taking on the responsibilities of Public Defender at a time when it is faced with the pressing problem of the shortage of lawyers.

He then gave the floor to the Senate President who pointed out that with Counsel Fuimaono’s extensive experience and his long service to the courts and community, there is no doubt in his ability to take on the role and responsibilities of Public Defender and that the Senate will confirm his appointment.

However, Tuaolo stated that he has one question he would like to ask concerning the long running problem faced by the Public Defender’s Office of not having enough lawyers, and the difficulty in hiring lawyers from off-island.

Tuaolo asked Fuimaono if he would solicit the services of former legal counsel Fa’aolesa Katopau Ainu’u who practiced law in the Territory before relocating to Samoa in 2008.

Ainu’u practiced law in both Samoa and American Samoa and was the owner of the Samoa Post newspaper.

In 2008 he was charged in American Samoa with embezzlement, fraud and theft after he allegedly charged a client $5,000 for legal services he did not provide. An arrest warrant was issued, but never served, and was finally quashed in 2016.

He was elected to the Legislative Assembly of Samoa at the 2016 Samoa general elections and appointed Minister of Justice.

However, he lost his seat in the 2021 general elections.

Tuaolo pointed out that since Fa’aolesa was no longer a Member of Parliament in Samoa, maybe he could be persuaded to return to the Territory and work for the Public Defender’s Office to alleviate the problem they are facing.

Counsel Fuimaono replied that he would first have to discuss the matter with Chief Justice Kruse and seek his advice and approval.

Fuimaono stepped up to the post of acting Public Defender in September 2023 after then PD Dave Vargas passed away on Sept. 12, 2023. For a while, Fuimaono like Vargas was the only PD on board. However, the Office of Public Defender was looking at a total of three attorneys on board at the beginning of 2024, according to the 2024 State of the Territory Comprehensive Report.

With his confirmation, Fuimaono is now the Public Defender and there are two assistant PDs. According to the report, the Public Defenders Office is looking at an increase of its troop strength to “a total of six (6) attorneys and two (2) qualified investigators/ interpreters.”