DRAFT CSC, Title 5. The Judiciary
 
CHAPTER 7
Administrative Matters

1081.  Administration of Courts.
1082.  Authority to administer oaths and take acknowledgments.
1083.  Oath of Office.
1084.  Practice of law prohibited.
1085.  Contempt.
1086.  Cooperation with National Judiciary.
1087.  Sessions and records to be public.
1088.  Publication of decision.
1089.  Disposition of fines and fees.
1090.  Costs; Allocation of costs.
1091.  Budget.

      1081.  Administration of Courts.

     (1)  The State Personnel Office or the Public Service Commission when it is in operation, is authorized and directed to assist the Chief Justice, upon request, to establish a personnel classification system for the state court system, to administer examinations, to advertise for personnel, and to provide such other services as are normally rendered to an agency of the Executive Branch;

     (2)  The Chief Justice may remove any clerk, officer or employee of courts  in this State for good cause.  Any court employee so removed may appeal his removal to the State Supreme Court Appellate Division pursuant to appellate rules of procedure of the Court;

     (3)  The Chief Justice is the chief administrator of the unified judicial system of the State.

Source:  CSL 190-08, 20.

Cross-reference:  The constitutional provisions on the  Judicial branch of the Chuuk State Government are found in Art. VII of the Chuuk State Constitution.

      1082.  Authority to administer oaths and take acknowledgments.
     Each justice, municipal judge, the administrative director, clerk and assistant clerks of Court and officers of the State and Municipal Courts so designated by the Chief Justice or as prescribed by law, shall have the power to administer oaths and affirmations, take acknowledgments and exercise all power of a notary public.

Source:  CSL 190-08, 23.

      1083.  Oath of Office.
     Each justice, municipal judge, the administrative director and officers of the State and Municipal Courts shall take and subscribe to an oath of office prescribed by statute.

Source:  CSL 190-08, 24.

     1084.  Practice of law prohibited.
     Each justice, judge, municipal judge, the administrative director, clerk and assistant clerks, officers, and employees of the State Supreme Court, Municipal Courts and inferior courts shall not practice law.

Source:  CSL 190-08, 26.

      1085.  Contempt.

     (1)  Any Justice shall have the power to punish contempt of court.  Contempt of Court is (a) any intentional obstruction by any person of the administration of justice, or of any officer of the court acting in his official capacity, or any intentional disobedience or resistance to the court's lawful writ, process, order, rule, decree or command.

     (2)  All adjudication of contempt shall be pursuant to the following practices and procedures:

     (a)  Any person accused of committing a civil contempt shall have a right to notice, a defense and mitigation.  A person found in civil contempt may be imprisoned until such time as he complies with a court order or pays an amount necessary to compensate the injured party, or both;

     (b)  Any person accused of committing a criminal contempt shall have a right to notice of the charges and an opportunity to present a defense and mitigation; provided that no punishment of a fine of more than $100.00 or imprisonment shall be imposed unless the accused is given a right to notice of the charges, to a speedy public trial, to confront the witnesses against him, to compel the attendance of  witnesses in his behalf, to have the assistance of counsel, and to be released on bail pending adjudication of the charges.  He shall have a right to be charged within three months of the contempt and a right not to be charged twice for the same contempt; and a person found to be in criminal contempt of court shall be fined not more than $1,000 or imprisoned for not more than six months or both.

     (3)  Any adjudication of contempt is subject to appeal to the Appellate Division of the State Supreme Court.  Any punishment of contempt may be stayed pending appeal, but a punishment of imprisonment shall be stayed on appeal automatically, unless the court finds that a stay of imprisonment will cause an immediate obstruction of justice, which finding must be supported by written findings of fact.  A denial of a stay of imprisonment is subject to review.

Source:  CSL 190-08, 27.

      1086.  Cooperation with National Judiciary.
     The Chief Justice of the State Supreme Court may establish suitable arrangements and procedures for joint utilization by the State Supreme Court and national judiciary of facilities, clerks, officers, and employees.

Source:  CSL 190-08, 28.

Cross-reference:  The constitutional provisions on the  Judicial branch of the Chuuk State Government are found in Art. VII of the Chuuk State Constitution.

      1087.  Sessions and records to be public.

     (1)  All sessions and records of the courts shall be public, except as otherwise ordered by the court for good cause.

     (2)  Any person desiring to attend any session that has been closed or to view any record that has been suppressed may petition the court closing the session or suppressing the record.  Any person may appeal the action of the court on the petition to the Appellate Division of the State Supreme Court.

Source:  CSL 190-08, 29.

      1088.  Publication of decision.
     All decisions of the Appellate Division of the State Supreme Court, including concurring and dissenting opinions, shall be published.  The Trial Division of the State Supreme Court may order one or more of its decisions to be published.

Source:  CSL 190-08, 30.

      1089.  Disposition of fines and fees.
     The administrative director of the State Supreme Court shall periodically transmit to the State Director of Finance fines and fees collected in the State Supreme Court for deposit in the General Fund of the State.

Source:  CSL 190-08, 31.

      1090.  Costs; Allocation of costs.

     (1)  All fees and expenses paid or incurred under this Act Chapter, for the service of process, witness fees, or filing fees on appeal, by any party prevailing in any matter other than a criminal proceeding, shall be taxed as part of the costs against the losing party or parties unless the court shall otherwise order; provided, that no fees paid to a witness who is a party in interest and is called and examined on his own behalf or on behalf of another jointly interested with him shall be allowed or taxed as costs;

     (2)  The court may allow and tax any additional items of cost of actual disbursement, other than fees of counsel, which it deems just and finds to have been necessarily incurred for services which were actually and necessarily performed.

     (3)  Where there is more than one prevailing or losing party, costs may be apportioned by the court as it deems just.

Source:  CSL 190-08, 32.

      1091.  Budget.
     The Chief Justice of the State Supreme Court shall prepare and submit through the Governor, as a separate item, to the Legislature an annual consolidated budget with supporting justification for the entire unified judicial system for the State of Chuuk.

Source:  CSL 190-08, 33.

Cross-reference:  The constitutional provisions on the  Judicial branch of the Chuuk State Government are found in Art. VII of the Chuuk State Constitution.