YSC, Title 4.  The Judiciary
 
 
 
Chapter 1.  Organization
and Jurisdiction

Subchapter:

I:     General Provisions
II :   Jurisdiction
 
III:   Service of Process
 
IV:  Justices and Assessors
 
V:    Municipal Courts
 
VI:   Administrative Matters
 
 

Subchapter I:  General Provisions

101.  Short title.
102.  Purpose.
103.  Judicial powers.
104.  General powers of State Court.
105.  Composition and divisions of State Court.

     101.  Short title.
     This chapter is known and may be cited as the "State Judiciary Act".

Source:  YSL 1-92 1, modified.

Cross-reference:  The constitutional provisions on the Judiciary are found in Article VII of the Constitution of the State of Yap.  The statutory provisions on Crimes and Punishment are found in Title 11 of this Code.  The statutory provisions on Civil Proceedings are found in Title 31 of this Code.

     102.  Purpose. 
     The purpose of this chapter is to:
 
     (a)  Provide for the organization and jurisdiction of the court of the State in a manner consistent with the Constitution of the Federated States of Micronesia and the Constitution of the State of Yap;

     (b)  Establish a unified judicial system that gives due recognition to the traditions and customs of the people of the State in the resolution of disputes and provides for a means of resolving disputes where traditional and customary means are not satisfactory; and

     (c)  Facilitate cooperation between the courts of the State and the Supreme Court of the Federated States of Micronesia.

Source:  YSL 1-92 2, as amended by YSL 1-190 1, modified.

Cross-reference:  The constitutional provisions on the Judiciary are found in Yap Const., Art. VII.  The FSM constitutional provisions on Judicial matters are found in FSM Const., Art. XI.  The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III.  Section 2 of Article III states:  "Due recognition shall be given to traditions and customs in providing a system of law, and nothing in this Constitution shall be construed to limit or invalidate any recognized tradition or custom."  The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code.
 
     103.  Judicial powers.
     The judicial power of the State Government is vested in a unified judiciary, consisting of the State Court and the municipal courts.

Source:  YSL 1-92 3.

Cross-reference:  The constitutional provision regarding the judicial power of the State is found in Yap Const., Art. VII, Sect. 1.  That section states:  "The judicial power of the State shall be vested in the State Court, and other courts as may be created by law."

     104.  General powers of State Court.
     The State Court shall have power to issue all writs and other process, make rules and orders, and do all acts, not inconsistent with law and with the rules established by the Chief Justice of the State Court, as may be necessary for due administration of justice, and, without limiting the generality of the foregoing, may grant bail, accept and cause forfeit of security therefor, make orders for the attendance of witnesses with or without documents, and make orders for the disposal of exhibits.
 
Source:  YSL 1-92 4.

Cross-reference:  The constitutional provision on court decisions is found in Yap Const., Art. VII, Sect. 7.  That section states:  "Court decisions shall be consistent with this Constitution, State traditions and customs, and the social and geographical configuration of the State."

     105.  Composition and divisions of State Court.
     The State Court is a court of record consisting of a Trial Division and an Appellate Division.  The State Court is the highest court of the State.  The State Court shall consist of a Chief Justice and two Associate Justices.  The Chief Justice and one Associate Justice shall serve on a full-time basis, and other Associate Justices shall serve on a part-time basis.  The number of Associate Justices may be increased by law upon request by the Chief Justice of the State Court.  A retired Justice may serve temporarily on the State Court as requested by the Chief Justice.  The Chief Justice may give a special assignment to a person to serve as an Associate Justice for a case.  The Appellate Division shall consist of at least three Justices.  All appeals at the Appellate Division shall be heard by at least three Justices.  Matters before the Trial Division shall be heard by one Justice.  No Justice may hear or decide an appeal of a case heard by him in the Trial Division.

Source:  YSL 1-92 12, as amended by YSL 1-190 2, modified.

Cross-reference:  The constitutional provision regarding the composition of the State Court is found in Yap Const., Art. VII, Sect. 2.  That section states in pertinent part:  "The State Court shall be the highest court of the State and shall consist of a Chief Justice and two Associate Justices.  The number of Associate Justices may be increased by law upon the request of the State Court.  Retired Justices of the State Court may serve temporarily on the State Court at the request of the Chief Justice. The Chief Justice may give a special assignment to a person to serve as an Associate Justice for a case.  . . ."

 

Subchapter II:  Jurisdiction

121.  Territorial jurisdiction of State Court.
122.  Jurisdiction over persons; civil.
123.  Jurisdiction over acts of nonresidents.
124.  Original jurisdiction of Trial Division of State Court.
125.  Jurisdiction of Appellate Division of the State Court.
 
     121.  Territorial jurisdiction of State Court.
     The jurisdiction of the State Court shall extend to the whole of the State of Yap.
 
Source:  YSL 1-92 5.

     122.  Jurisdiction over persons; civil.
     The State Court may exercise personal jurisdiction in civil cases only over persons residing or found in the State and who have been duly summoned or voluntarily appear, except, as provided in sections 123, 141, 142, 143 and 144 of this chapter.

Source:  YSL 1-92 6, modified.

Cross-reference:  The statutory provisions on Civil Proceedings are found in Title 31 of this Code.

     123.  Jurisdiction over acts of nonresidents.
     Any person, corporation or legal entity, whether or not a resident of the State, who in person or through an agent does any of the acts enumerated in this section thereby submits himself or its personal representative to the jurisdiction of the courts of the State as to any cause of action arising from:

     (a)  The transaction of any business within the State;

     (b)  The operation of a motor vehicle within the State;

     (c)  The operation of a vessel or craft within the State Fishery Zone;

     (d)  The commission of a tortious act within the State;

     (e)  Contracting to insure any person, property or risk located within the State at the time of contracting;

     (f)  The ownership, use, or possession of any property within the State;

     (g)  Entering into an express or implied contract, by mail or otherwise, with a resident of the State to be performed in whole or in part by either party in the State;

     (h)  Acting within the State as director, manager, trustee, or other officer of any corporation organized under the laws of or having a place of business within the State, or as executor or administrator of any estate within the State;

     (i)  Causing injury to persons or property within the State arising out of an act or omission outside of the State by the defendant, provided in addition, that at the time of the injury either:

     (1)  The defendant was engaged in the solicitation or sales activities within the State; or

     (2)  Products, materials, or things processed, serviced or manufacture by the defendant anywhere were used or consumed within the State; and

     (j)  Living in the marital relationship within the State notwithstanding subsequent departure from the State, as to all obligations arising for alimony, child support, or property rights under the laws of the State, if the other party to the marital relationship continues to reside in the State.

Source:  YSL 1-92 7, modified.

     124.  Original jurisdiction of Trial Division of State Court.
      The Trial Division of the State Court shall have original jurisdiction to try all causes, civil and criminal, except those matters which fall under the exclusive jurisdiction of the Supreme Court of the Federated States of Micronesia.

Source:  YSL 1-92 15.

Cross-reference:  The constitutional provision regarding original and appellate jurisdiction of courts is found in Yap Const., Art. VII, Sect. 5.  That section states:  "The courts shall have original and appellate jurisdiction as prescribed by law."  The jurisdiction of the Supreme Court of the Federated States of Micronesia is set forth in FSM Const., Art. XI.

     125.  Jurisdiction of Appellate Division of the State Court.
      The Appellate Division of the State Court shall have jurisdiction to review all decisions of the Trial Division.  The concurrence of a majority of Justices shall be necessary to a determination of any appeal by the Appellate Division, but a single Justice may make all necessary orders concerning any appeal for want of jurisdiction, or failure to take or prosecute it in accordance with the applicable law or rules of procedure, or at the request of the appellant.
 
Source:  YSL 1-92 16, as amended by YSL 1-190 3, modified.

Cross-reference:  The constitutional provision regarding original and appellate jurisdiction of courts is found in Yap Const., Art. VII, Sect. 5.  That section states:  "The courts shall have original and appellate jurisdiction as prescribed by law."
 
 

Subchapter III:  Service of Process

141.  Personal service outside the State.
142.  Manner of service.
143.  Default.
144.  Effect of chapter on other methods of service.

     141.  Personal service outside the State.
     Service of process may be made upon any person subject to the jurisdiction of the courts of the State under this chapter by personally serving the summons upon the defendant outside the State or mailing the summons to the person by registered United States mail at his last known address, and such service has the same force and effect as though service had been personally made within the State.

Source:  YSL 1-92 8, modified.
 
     142.  Manner of service.
     Service of summons shall be made under this chapter in like manner as service within the State by any officer or person authorized to make service of summons in the State or jurisdiction where the defendant is served.  An affidavit of the server shall be filed with the State Court issuing said summons stating the time, manner and place of service.  The court may consider the affidavit or any other competent proofs in determining whether service has properly been made.

Source:  YSL 1-92 9, modified.

     143.  Default.
     No default shall be entered until the expiration of at least 30 days after service. A default judgment rendered on service made under this chapter may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered upon personal service within the State.

Source:  YSL 1-92 10, modified.

     144.  Effect of chapter on other methods of service.
      Nothing contained in this chapter limits or affects the right to serve any process in any other manner now or hereafter provided by law.

Source:  YSL 1-92 11, modified.
 
 

 
Subchapter IV:  Justices and Assessors

151.  Qualifications of State Court Justices.
152.  Appointment of State Court Justices.
153.  Vacancy in office of Chief Justice.
154.  Disqualification of Justices.
155.  Judicial ethics.
156.  Contempt.
157.  Assessors.

     151.  Qualifications of State Court Justices.
     A person nominated to the position of Chief Justice or Associate Justice of the State Court shall be a citizen of the Trust Territory by birth, be at least 35 years of age, have been a resident of the State for at least 25 years and for five years immediately preceding his appointment, and learned in the law.  Justices may not be residents of the same municipality.

Source:  YSL 1-92 13.

     152.  Appointment of State Court Justices.
     The Governor shall nominate and appoint, with the advice and consent of the Legislature, the Chief Justice and Associate Justices of the State Court. Justices shall hold their offices for terms of six years.

Source:  YSL 1-92 14, as amended by YSL 1-166 1, section title modified.

Cross-reference:  The constitutional provision regarding the appointment of Justices of the State Court is found in Yap Const., Art. VII, Sect. 3.  That section states:  "The Governor shall nominate and appoint, with the advice and consent of the Legislature, the Chief Justice and Associate Justices of the State Court.  Justices of the State Court shall hold their offices for terms of six years."  The statutory provisions on judges of the municipal courts is found in subchapter V of this chapter.

     153.  Vacancy in Office of Chief Justice.
      Whenever, the Office of Chief Justice is vacant or the Chief Justice is ill, absent or unable to perform the duties of office, an Associate Justice designated in accordance with the rules of the State Court shall serve temporarily in his place.

Source:  YSL 1-92 20.

Cross-reference:  The constitutional provision regarding a vacancy in the Office of the Chief Justice is found in Yap Const., Art. VII, Sect. 2.  That section states in pertinent part:  " . . .  In case of vacancy in the Office of the Chief Justice, or if he is ill, absent or otherwise unable to serve, an Associate Justice shall serve temporarily in his place."

     154.  Disqualification of Justices.
 
     (a)  A Justice shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

     (b)  A Justice shall also disqualify himself in the following circumstances:

     (1)  Where he has a personal bias or prejudice concerning a party or his counsel, or personal knowledge of disputed evidentiary facts concerning the proceeding;

     (2)  Where in private practice he served as lawyer or trial assistant in the matter in controversy, or a lawyer or a trial assistant with whom he previously practiced law served during such association as a lawyer or trial assistant concerning the matter, or the Justice or such lawyer or trial assistant he has been a material witness concerning it.  The term private practice shall include practice with legal services or public defender organizations;

     (3)  Where he has served in governmental employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;

     (4)  Where he knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;

     (5)  Where he or his spouse or a person within a close relationship to either of them, or the spouse of such a person is:

     (A)  A party to the proceeding, or an officer, director, or trustee of a party;

     (B)  Acting as lawyer or trial assistant in the proceeding;

     (C)  Known by the Justice to have an interest that could be substantially affected by the outcome for the proceeding;

     (D)  To the Justice's knowledge likely to be a material witness in the proceeding.

     (c)  For the purposes of this section the following words or phrases shall have the meaning indicated:

     (1)  "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian;

     (2)  "Financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that:

     (A)  Ownership in a mutual or common investment fund that holds securities is not a "financial interest" in such securities unless the judge participates in the management of the fund or if the outcome of the proceedings could substantially affect the value of the fund;

     (B)  An office or membership in an educational interest in securities held by the organization only if the outcome of the proceeding could substantially affect the value of the securities;

     (C)  The proprietary interest of a policy holder in a mutual insurance company, of a member of a corporative association, of a depositor in a mutual savings association or credit union, or a similar proprietary interest, is a "financial interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest;

     (D)  Ownership of government securities in a "financial interest" in the issuer only if the outcome of the proceeding could substantially affect the value of the securities;

     (3)  "Proceeding" includes pretrial, trial, appellate review or other stages of litigation.

     (d)  No Justice shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b) of this section. Where the ground for disqualification arises only under subsection (a) of this section waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification.

     (e)  A party may move to disqualify a Justice for one or more of the reasons stated in subsection (a) or (b) of this section.  Said motion shall be accompanied by an affidavit stating the reasons for the belief that grounds for disqualification exist, and shall be filed before the trial of hearing unless good cause is shown for filing it at a later time.  Upon receipt of such motion, the Justice shall rule on it before proceeding further in the matter, stating his reasons for granting or denying it on the record.

Source:  YSL 1-92 21, definitions put into alphabetical order and section modified.

Cross-reference:  The constitutional provision providing a mechanism for the removal of a Justice of the State Court is found in Yap Const., Art. V, Sect. 20.  That section states:  "The Governor, Lieutenant Governor or a Justice of the State Court may be removed from office for misfeasance or malfeasance in office, or for conviction of a felony, by a vote of three-fourths of the members of the Legislature."
 
     155.  Judicial ethics.
     Justices of the State Court shall adhere to the standards of the Code of Judicial Conduct of the American Bar Association except as otherwise provided by law or rule.  The Chief Justice may by rule prescribe stricter or additional standards.

Source:  YSL 1-92 25.

     156.  Contempt.
 
     (a)  Any Justice shall have the power to punish contempt of court.  Contempt of court is:

     (1)  Any intentional obstruction of the administration of justice by any person, including any officer of the court acting in his official capacity; or

     (2)  Any intentional disobedience or resistance to the court's lawful writ, process, order, rule, decree or command.

     (b)  All adjudications of contempt shall be pursuant to the following practices and procedures:

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

     (2)  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

     (3)  A person found to be in contempt of court shall be fined not more than $1,000.00 or imprisoned for not more than six months.

     (c)  Any adjudication of contempt is subject to appeal to the Appellate Division of the State 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:  YSL 1-92 27, as amended by YSL 1-190 7, modified.

          Cross-reference:  The constitutional provisions on fundamental rights of the accused are found in Yap Const., Art. II, Sections 5 and 6.  Those sections state:
 
               "Section 5.  In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the effective assistance of counsel for his defense.
 
               Section 6.  No person shall be compelled in any criminal case to be a witness against himself, or against a member of his family as prescribed by law, or be twice put in jeopardy for the same offense."

     157.  Assessors.
     Any Justice of the State Court may appoint one or more assessors to advise him at the trial of any case with respect to tradition and custom or other matters of law.

          Source:  YSL 1-92 19.

          Cross-reference:  The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III.  The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code.
 
 
 
Subchapter V:  Municipal Courts

161.  Municipal courts.
162.  Municipal court jurisdiction.
163.  Transfer of cases.
164.  Standing for courts.
165.  Municipal court procedure.
166.  Removal from municipal court to State Court.
167.  Appeal from municipal to State Court.

     161.  Municipal courts.
      There shall be a municipal court in each municipality of the State which shall be composed of a presiding judge and associate judges.  The presiding judge may be the traditional leader representing the municipality in the Council of Pilung or Council of Tamol, or a person from the same municipality who is appointed by the traditional leader representing the municipality in the Council. Associate judges shall be traditional leaders of the municipality designated by the presiding judge.  When the presiding judge is the traditional leader representing the municipality in the Council, he shall serve during his term on the Council of Pilung or Council of Tamol.  When the presiding judge is appointed, his term shall be the same as the term of the traditional leader on the Council of Pilung or Council of Tamol.  Associate judges shall serve for terms set by the presiding judge which may include temporary terms.  A presiding judge may not set any term of an associate judge beyond his own term of office.

          Source:  YSL 1-92 29, as amended by 4-10 1, modified.

          Cross-reference:  The constitutional provision regarding the judicial power of the State is found in Yap Const., Art. VII, Sect. 1.  That section states:  "The judicial power of the State shall be vested in the State Court, and other courts as may be created by law."  The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code.  The constitutional provision on Local Government is found in Yap Const., Art. VIII.  The statutory provisions on Local Government are found in Title 6 of this Code.

     162.  Municipal court jurisdiction.
     The jurisdiction of a municipal court shall extend to the whole of the municipality.  A municipal court may exercise jurisdiction in civil cases only over natural persons residing or domiciled in the municipality  who  have  voluntarily appeared and over property within the municipality where the parties are natural persons.  A municipal court may exercise jurisdiction in criminal cases in a manner as may be prescribed by statute.

          Source:  YSL 1-92 30, modified.

          Cross-reference:  The statutory provisions on the jurisdiction of the State Court are found in subchapter II of this chapter.
 
     163.  Transfer of cases.
     Any case pending in a municipal court may be transferred to the Trial Division of the State Court in which the case was brought, by order of the Trial Division of the State Court.  Upon making such transfer, the court in which the case was pending shall take no further action on the merits of the case, but may make orders of a transferring nature which justice may require and which are not inconsistent with the orders of the Trial Division for the State Court.

          Source:  YSL 1-92 17.

     164.  Standing for courts.

     (a)  Prior to bringing a case before a municipal court, a person or persons shall first attempt to resolve the dispute in accordance with tradition and custom by exhausting means within the appropriate family or families and village or villages if the dispute is not resolved by the family or families.

     (b)  Prior to bringing a case before the State Court, where the parties are residents or domiciliaries of one municipality, the party or parties filing the suit shall first attempt to resolve the dispute in accordance with tradition and custom and thereafter within the municipal court if such dispute is not resolved.

     (c)  This section shall apply only to cases where all parties are natural persons.

          Source:  YSL 1-92 31.

     165.  Municipal court procedure.
     The procedures and conduct of business of municipal courts shall be consistent with traditional and customary means of resolving disputes.  All process and reports of service of process of a municipal court may be oral.  As promptly as possible after the final decision of a case in a municipal court, the presiding judge shall make, or cause to be made, a record of the case.

          Source:  YSL 1-92 32, modified.

          Cross-reference:  The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III.  Section 2 of Article III states:  "Due recognition shall be given to traditions and customs in providing a system of law, and nothing in this Constitution shall be construed to limit or invalidate any recognized tradition or custom."

     166.  Removal from municipal court to State Court.
     A case may be removed from a municipal court to the Trial Division of the State Court upon petition of a party and showing that the municipal court is unable or unwilling to decide the case.

          Source:  YSL 1-92 33, modified.
 
     167.  Appeal from municipal to State Court.
     Final decisions of a municipal court may be appealed to the Trial Division of the State Court to be tried de novo.

          Source:  YSL 1-92 34, modified.
 

 
Subchapter VI:  Administrative Matters

181.  Administration of courts.
182.  Rules of procedure and administration.
183.  Oath of office.
184.  Authority to administer oaths and take acknowledgments.
185.  Practice of law prohibited.
186.  Sessions and records to be public.
187.  Publication of decisions.
188.  Disposition of fines and fees.
189.  Compensation.
190.  Budget.
191.  Cooperation with national judiciary.
192.  Transition.
193.  Severability.

     181.  Administration of courts.
     The Chief Justice shall be the administrative head of the State Court and municipal courts.  The Chief Justice shall, with the approval of the State Court, appoint an Administrative Director to supervise the administrative operation of the State Court and municipal courts.  The Chief Justice may appoint and prescribe duties of other officers and employees of the Judiciary as he deems necessary.

Source:  YSL 1-92 18.

Cross-reference:  The statutory provisions on Justices of the State Court and assessors is found in subchapter IV of this chapter.

     182.  Rules of procedure and administration.
     The State Court shall promulgate rules governing the administration of the State Court and municipal courts.  It shall make and promulgate rules governing the practice and procedure in civil and criminal cases of the State Court which shall have the force and effect of law, provided that the Legislature may establish or change such rules by laws.

Source:  YSL 1-92 22, as amended by YSL 1-190 4.

Cross-reference:  The constitutional provision regarding the rulemaking power of the State Court is found in Yap Const., Art. VII, Sect. 6.  That section states in pertinent part:  "The State Court shall make and promulgate rules governing the practice and procedure in civil and criminal cases, which shall have the force and effect of law, provided that the Legislature may establish or change such rules by law.  . . ."  Title 12 [Reserved] of this Code is on Rules of Court.

     183.  Oath of office.
     Each Justice, the Administrative Director, and other officers of the State Court shall take and subscribe to an oath of office required of all public officers of the Yap State Government.

Source:  YSL 1-92 24, as amended by YSL 1-190 6, modified.

Cross-reference:  The constitutional provision on the oath for public officers is found in Yap Const., Art. XIV, Sect. 3.  That section states:  "All public officers, before assuming the duties of their office, shall take and subscribe to the following oath or affirmation:  " I do solemnly swear that I will support and defend the Constitution of the State of Yap, and that I will faithfully discharge my duties as               to the best of my ability, so help me God."  The Legislature may prescribe further oaths or affirmations."

     184.  Authority to administer oaths and take acknowledgments.
      Each Justice, the Administrative Director, and other officers of the State Court so designated by the Chief Justice shall have the power to administer oaths and affirmations, take acknowledgments, and exercise all powers of a notary public.

Source:  YSL 1-92 23, as amended by YSL 1-190 5, modified.

     185.  Practice of law prohibited.
      A Justice, the Administrative Director, officer or employee of the State Court shall not practice law in the State.

Source:  YSL 1-92 26.

     186.  Sessions and records to be public.
 
     (a)  All sessions and records of the courts shall be public, except when otherwise ordered by the court for good cause.

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

Source:  YSL 1-92 35, as amended by YSL 1-190 8, modified.

Cross-reference:  Yap Const., Art. VII, Sect. 6, states in pertinent part that:  " . . . The State Court shall be a court of record."
 
     187.  Publication of decisions.
      All decisions of the Appellate Division of the State Court, including concurring and dissenting opinions, shall be published.  The Trial Division of the State Court may order one or more of its decisions to be published.

Source:  YSL 1-92 36.

Cross-reference:  Yap Const., Art. VII, Sect. 6, states in pertinent part that:  " . . . The State Court shall be a court of record."

     188.  Disposition of fines and fees.
      The Administrative Director of the courts shall periodically transmit to the State Treasurer fines and fees collected in the State Court for deposit in the General Fund of the State of Yap.

Source:  YSL 1-92 37, modified.

Commission Comment:  The "General Fund of the Legislature" is changed to the "General Fund of the State of Yap" pursuant to section 1211 of Title 13 (Taxation and Finance) of this Code.  Section 1211 of Title 13 establishes the General Fund of the State of Yap as the successor fund to, and replacement for, the General Fund of the Legislature.

     189.  Compensation.
      The Justices and Administrative Director shall receive compensation as prescribed by law.

Source:  YSL 1-92 38.

Cross-reference:  Compensation of the Justices and Administrative Director of the State Court is set forth in chapter 4 of this title.

     190.  Budget.
      The Chief Justice of the State 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 Yap.

Source:  YSL 1-92 39.

     191.  Cooperation with national judiciary.

     (a)  The Chief Justice of the State Court may establish suitable arrangements and procedures for joint utilization by the State Court and national judiciary of facilities, clerks, officers, and employees.

     (b)  The Chief Justice of the State Court is authorized to request, and appoint upon acceptance of the request, Justices of the Supreme Court of the Federated States of Micronesia to serve as assessors on matters of law in the State Court.

Source:  YSL 1-92 28.

Cross-reference:  The FSM constitutional provisions on Judicial matters are found in FSM Const., Art. XI.

     192.  Transition.

     (a)  Officers of the State Court at the time this chapter takes effect shall continue to perform their duties and responsibilities in a manner consistent with the provisions of this chapter until superseded by officers appointed pursuant to the provisions of this chapter.

     (b)  A retired judge of the District or State Court shall be deemed a retired Justice of the State Court for purposes of temporarily serving on the State Court as may be requested by the Chief Justice.

     (c)  The rules of procedure and evidence of the State Court on the effective date of this chapter shall serve as rules promulgated pursuant to the provisions of this chapter.

     (d)  Upon the effective date of this chapter:

               (1)  Appeals from determination of the State Land Commission shall be made to the Trial Division of the State Court;

               (2)  The Land Commission may not determine ownership of land when such ownership is the subject of dispute in a case pending before the State Court or a municipal court;

               (3)  The Trial Division of the State Court or municipal court may not exercise jurisdiction over a dispute of land pending in the Land Commission;

               (4)  If all parties to a dispute or case on the ownership of land agree, such dispute or case may be transferred from Land Commission to a municipal court or from a municipal court to the Land Commission.

          Source:  YSL 1-92 40, as amended by YSL 1-190 9, modified.

          Cross-reference:  The statutory provision designating the composition and responsibilities of the Subdivision of Land Registration in the Department of Resources and Development is found in section 125 of Title 3 (Executive) of this Code.  The provisions concerning the Subdivision of Land Registration in the Department of Resources and Development in sections 125 and 178 of Title 3 shall not take effect until October 1, 1990.

     193.  Severability.
      If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

          Source:  YSL 1-92 41, modified.