DRAFT CSC, Title 1. General Provision
 
CHAPTER 10
Independent Prosecutor

1601.  Selection.
1602.  Procedures.
1603.  Assistance.
1604.  Dissolution.
1605.  Additional Qualifications of Prosecutor.
1606.  Office of the Independent Prosecutor.

      1601.  Selection.
     The independent prosecutor shall be selected at an annual or special session of the Conference of Mayors not later than one hundred-twenty (120) days before the end of the term of the current independent prosecutor, or as soon as practical in the case of the selection of the first independent prosecutor, or at any time whenever the position becomes vacant.

Source:  CSL 191-13, 1, modified.

Editor's note:  CSL 191-13 that created this Chapter was signed into law by the Governor on April 4, 1991.

Cross-reference:  The constitutional provision on the independent prosecutor is found in Section 4 of Article IX of the Chuuk State Constitution.  Section 4 reads as follows:

     Section 4. (a) There shall be an Independent Prosecutor with the power and duty to prevent, combat and eliminate corruption in government through investigation and prosecution. The Prosecutor may issue subpoenas and compel attendance of witnesses, administer oaths, and exercise other powers and duties as prescribed by statute.
     (b) The Prosecutor shall be selected for a single 3 year term by a majority of all the mayors of the State of Chuuk, and may be removed for cause by the Governor with the consent of the Senate. No person is eligible to serve unless a law school graduate. The selection procedures and additional qualifications may be prescribed by statute.

      1602.  Procedures.

     (1 a)  Each time the selection becomes necessary and after consultation with the mayors of each representative district pursuant to Section 3(b) of Article V of the Chuuk State Constitution, the Chairman of the Conference of Mayors shall appoint one mayor from each of the thirteen (13) representative districts as members of the Special Selection Committee whose authority and responsibility shall be:

     (a 1)  immediately following appointment, to organize itself at the call of the oldest member as acting committee chairman, by selecting a chairman and vice chairman;
 
     (b 2)  to advertise through the media and appropriate correspondence the position of independent prosecutor;

     (c 3)  to have and exercise the powers and attributes of any standing committee of the Senate or House of Representatives with respect to investigation, subpoena, oath, and the like, in the pursuance of its selection responsibility;

     (d 4)  to review and screen by majority vote all applications which shall be in writing from the applicants;

     (e 5)  to present a report to the Conference with its findings and its recommendation of not more than three 3 candidates for the independent prosecutor's position;

     (f 6)  to continue its work in case none of its recommendations is approved by the Conference; and

     (g 7)  to perform other duties and tasks in relation to its selection responsibility, as the Conference may direct.

     (2 b)  Every application for the independent prosecutor's position shall contain at least the following information regarding the applicant:

     (a 1)  full name;

     (b 2)  date of birth;

     (c 3)  place of birth;

     (d 4)  nationality and citizenship;

     (e 5)  educational background, including name and location of law school;

     (f 6)  work and law practice experience;

     (g 7)  affidavit stating applicant has never been convicted of a felony;

     (h 8)  current police clearance from present residency;

     (i 9)  reasons for wanting to be the independent prosecutor of Chuuk State; and

     (j 10)  any other information deemed necessary by the Committee or the Conference.

     (3 c)  After acting on the report from the Special Selection Committee, the Conference shall proceed to vote for the independent prosecutor from among those recommended by the Special Committee.  The candidate receiving the majority vote of all the mayors in the State of Chuuk shall be independent prosecutor.  The voting shall be by secret ballot and shall be conducted until a majority of all the mayors in Chuuk State is finally attained by one of the candidates.

Source:  CSL 191-13, 2, Subsections renumbered and relettered in accordance with standard code formatting and Section modified.

Cross-reference:  The constitutional provision on the independent prosecutor is found in Section 4 of Article IX of the Chuuk State Constitution.  Section 4 reads as follows:

     Section 4. (a) There shall be an Independent Prosecutor with the power and duty to prevent, combat and eliminate corruption in government through investigation and prosecution. The Prosecutor may issue subpoenas and compel attendance of witnesses, administer oaths, and exercise other powers and duties as prescribed by statute.
     (b) The Prosecutor shall be selected for a single 3 year term by a majority of all the mayors of the State of Chuuk, and may be removed for cause by the Governor with the consent of the Senate. No person is eligible to serve unless a law school graduate. The selection procedures and additional qualifications may be prescribed by statute.

      1603.  Assistance.
     The Special Selection Committee in the absence of regular staff provided by the Conference of Mayors, shall be, as requested, provided with staffing, clerical, and other assistance by the Governor, Presiding Officers of the Legislature, or the Chief Justice.

Source:  CSL 191-13, 3.

      1604.  Dissolution.
     The Special Selection Committee shall be dissolved by its own action or action of the Conference after the Committee's selection responsibility has been fully carried out, which shall include the successful selection of the independent prosecutor.

Source:  CSL 191-13, 4.

      1605.  Additional Qualifications of Prosecutor.
     A person shall be eligible to serve as the independent prosecutor of Chuuk State unless such person has been convicted of a felony, even if pardoned; and has had at least three years of court experience as a trial or defense lawyer.

Source:  CSL 191-13, 5.

      1606.  Office of the Independent Prosecutor.

     (a)  A temporary office space shall be provided to the independent prosecutor by the Governor until the prosecutor is able to provide for an office space of his/her own.

     (b)  The annual salary of the independent prosecutor shall not exceed $35,000.

Source:  CSL 191-13, 6.

Cross-reference:  The constitutional provision on the independent prosecutor is found in Section 4 of Article IX of the Chuuk State Constitution.  Section 4 reads as follows:

     Section 4. (a) There shall be an Independent Prosecutor with the power and duty to prevent, combat and eliminate corruption in government through investigation and prosecution. The Prosecutor may issue subpoenas and compel attendance of witnesses, administer oaths, and exercise other powers and duties as prescribed by statute.
     (b) The Prosecutor shall be selected for a single 3 year term by a majority of all the mayors of the State of Chuuk, and may be removed for cause by the Governor with the consent of the Senate. No person is eligible to serve unless a law school graduate. The selection procedures and additional qualifications may be prescribed by statute.