Pago Pago, AMERICAN SAMOA — Attorney General Fainuulelei Alailima-Utu faced intensive questioning from members of the Fono on the shortage of attorneys in his department, which has caused a backlog of court cases, which in turn has had a domino effect on the Tafuna Correctional Facility (TCF), as well as other social problems associated with overcrowding.

He was appearing for his department’s budget hearing on Tuesday in a joint hearing of the Senate and House Budget and Appropriation Committee.

Faipule Larry Sanitoa asked AG Fainuulelei how many attorneys were in his department. Fainuulelei revealed that there are currently nine attorneys including himself and Deputy AG Roy Hall, Jr., four in the Civil Division and three in the Criminal Division. He recalled that when he first took office, in January 2001, there was just four of them — two in the Civil and one in the Criminal Divisions.

Sanitoa stated that last week during a House hearing, they were told that of the more than 300 people detained at the TCF, 200 were awaiting pending court cases which could not be heard because there were no attorneys to assist the Public Defender. He pointed out that the cause of the problem was the inadequate salaries offered, which is why attorneys come and go.

The faipule pointed out that the AG had easy access to the governor and he should request more funds to raise attorneys’ pay packages to an attractive amount because only those fresh out of law school would work for the current pay scale to get experience and then leave for greener pastures in the mainland.

“It is a disservice to our people,” the Tualauta faipule said.

Fainuulelei agreed with what Sanitoa raised, saying the salaries offered here were nothing compared to the salaries offered in the mainland but his department’s situation depended on their budget. He also revealed that the governor and lt. governor were planning to raise the salaries of attorneys and other professionals such as doctors, engineers and eventually all public servants.

The AG pointed out that there is an urgent need to recruit attorneys to assist the Public Defender and his office is helping out by sharing information on website links and other online platforms where attorneys and law societies from the mainland are affiliated, in recruiting efforts. He revealed that he has even approached attorneys hired by his office if they would consider moving to the Public Defender’s Office.

“The overcrowding at the prison has created a very volatile situation where the only other thing we’re waiting for is for someone to die,” said Vice Speaker Fetu Fetui, Jr. “And you’re just sitting there doing nothing. “The prison doesn’t have enough security staff and it’s causing all these other problems. “That’s what happens when you don’t heed the advice of the Fono, we wait until someone dies or a something serious happens.”

The Vice Speaker’s concerns were revealed by an inmate who contacted Samoa News by email earlier this month and reported a “gross injustice” in how the Tafuna Correctional Facility (TCF) is operated which has been going on for years, and a “blatant negligence” of the infrastructure of the TCF, namely the Bravo Building where Pending Inmates are detained.

The inmate claimed that this particular building should be condemned and that he has already contacted the federal authorities concerning this matter. “Not only is it not fit for housing, it is severely overcrowded,” he stated. “Most of the toilets and showers don’t work, ventilation is poor, electrical wires are hanging down and used as makeshift outlets, it is filthy and the stench from the broken toilets fills the air.”

With regard to visitations, he revealed that there has not been any personal or family visitations allowed for over three years now. “As a consequence, the morale and the overall atmosphere in this building is demoralizing,” he said.

This in turn has resulted in tensions in the compound and fights break out five or six times a week, the inmate noted. Escapes has become the norm and even the guards are fed up because of no overtime pay which has led to conflicts with the administration and inmates.

Faipule Fetui, Jr. pointed out that the Samoa nationals incarcerated at TCF should be deported if the place was getting too overcrowded as a result.

Fainuulelei responded that his recommendation for 40 additional prison guards has already been carried out to ease the pressure on the staff who have had to deal with the large population of inmates.

Senator Satele Aliitai Lili’o who is a member of the Immigration Board commented on the problem of overstayers in the Territory and pointed out that more staff and resources are needed to rectify this problem.

“We need to amend this budget proposal and add another $200,000 to hire two investigators and acquire more vehicles to monitor and round up overstayers because this is part of why the prison is overcrowded,” Senator Satele stated. “This is the third year since I have been on the Immigration Board and I can tell you, this problem is getting out of hand.”

He claimed that from January to July this year, there are 700 to 800 overstayers.

He also pointed out that the $63,000 salary of the Chief Immigration Officer was inadequate compared to deputy directors of other departments who are paid $70,000 to $80,000.

Fainuulelei clarified that the actual number of overstayers as of July was 200 and another 200 StarKist guest workers from Upolu whose contracts have been terminated but are still in the Territory, as overstayers, which brings the number to 400.

He also revealed that Immigration staff is now getting annual increments, overtime and hazard pay for the first time in many years, plus salary raises and adjustments according to their academic achievements. This has boosted the morale of his staff, the AG said.

Tuaolo asked Fainuulelei why his office did not hire lawyers from neighboring Samoa to help alleviate the Public Defender’s Office’s present predicament.

Fainuulelei recalled that lawyers from Samoa used to handle cases in American Samoa back in the 1970s. However, the prerequisite set by the Chief Justice stipulates that lawyers from Samoa who wish to practice in the Territory must be a member of the Bar in a US state or territory.

“If it wasn’t for that condition, I would not hesitate in hiring lawyers from Samoa to help the Public Defender’s Office,” he said.

He explained that law students in Samoa become lawyers when they attain a Bachelor’s degree, but under the US system, an attorney had to attain a Bachelor’s degree or Legum Baccalaureus, then a Juris Doctorate, which takes another three years. On top of that, he or she must pass the Bar in order to practice.

 “I don’t want to argue with you on the issue of whether lawyers from Samoa are qualified academically to practice in American Samoa because lawyers from Samoa are sitting in the World Court,” Tuaolo stated, referring to Samoa lawyer Tuiloma Neroni Slade who was elected a judge of the new International Criminal Court (ICC) in 2003. It is the highest international position achieved by a Samoan.