Pago Pago, AMERICAN SAMOA — The absence of a Public Defender in Court most of last week, has been confirmed by the Office of the Public Defender — via their office secretary.

Samoa News received word from the public in regards to a backlog of cases at the Court and it’s not helping without representation of a lawyer from the Public Defender’s office.

Confirmation of getting accurate information on this issue has been a challenge due to some officials refusing to speak to the media.

However, from the Public Defender’s office, its secretary in response during a brief telephone conversation told Samoa News the Governor’s Office is working on hiring two new attorneys, with one expected to arrive next month, and they are working on the process.

The secretary couldn’t say much in reference to the absence of Public Defenders following a notice of unavailability from one, and stating their office normally has two and that they have two coming.

However, the secretary wasn’t sure of the backlog — how many cases await defense actions, but suggested the court should have that information.

Furthermore she mentioned that some cases have already been transferred to a private attorney.

Samoa News queries to the Court Clerk on the number of backlogged cases awaiting representation by a Public Defender, and how far back the cases go — was unsuccessful.

Instead the Clerk pointed out he’s forwarded this reporter’s queries to the Court's staff attorney.

BACKGROUND

Samoa News should point out that the shortage of lawyers at the Public Defender’s Office is an ongoing problem. In March 2022, the head of the PD Office, Michael White resigned due to the pressure brought on by the amount of cases the office was handling with no help in sight to resolve the issue.

At the time, White was the only attorney at the PD Office, and he told the court when asked for an explanation of his ‘sudden’ resignation that he had tried to get help for his office — from the Governor’s Office and others — without success. He said, he had briefed Lt. Gov. Talauega E. V. Ale about the dire situation and was told to wait 4-5 months for an answer. His health and the welfare of this family had to be considered, White said.

Mr. David Vargas is the current chief Public Defender since September 2022. When he took the post, he was considered ‘temporary’ in that a new PD was supposedly on their way by December of 2022. However, it looks like the office is still waiting for help.