Article VII
THE JUDICIARY

     Section 1.  The judicial power of the State shall be vested in the State Court, and other courts as may be created by law.

     Section 2.  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, or other persons learned or experienced in the law, 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.  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.

Constitional amendment:  The underlined clause was a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-38, D1 of the 2004 Yap Constitutional Convention.

     Section 3.  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.


     Section 4.  Compensation of Justices of the State Court shall be prescribed by law.  Their compensation shall not be decreased during their respective terms of office, except by general law applying to salaried officers of the State Government.

     Section 5.  The courts shall have original and appellate jurisdiction as prescribed by law.

Case annotations:  A state law provision attempting to place "original and exclusive jurisdiction" in the Yap State Court cannot divest a national court of responsibilities placed upon it by the national constitution, which is the "supreme law of the Federated States of Micronesia."  Gimnang v. Yap, 5 FSM Intrm. 13, 23 (App. 1991).

A state law cannot divest the FSM Supreme Court of exclusive jurisdiction in cases arising under art. XI, 6(a) of the FSM Constitution. Faw v. FSM, 6 FSM Intrm. 33, 36-37 (Yap 1993).

     Section 6.  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.  The State Court shall be a court of record.

     Section 7.  Court decisions shall be consistent with this Constitution, State traditions and customs, and the social and geographical configuration of the State.
chapter is secondary to the obligation of any other individual or entity to make payment for the same service. The Board, by regulation, shall establish policies and procedures for the coordination of benefits provided by this chapter and any other sources, which policies and procedures shall establish the secondary nature of benefits under this chapter. Any overpayments of benefits made under this chapter may be recovered by the Plan from any person to or for whom the payment was made or from any company or organization that is obligated to pay for such services. Source: S.L. No. 3L-39-93 4-9, 7/29/93 4-133. Claims procedures. ( The Board, by regulation, shall establish policies and procedures for the identification of enrollees by providers, filing of claims, and disbursement of payment for covered services. Source: S.L. No. 3L-39-93 4-10, 7/29/93 4-134. Assessment and premium amounts. ( (1) By regulation, the Board shall assess the requisite amounts and sources for universal coverage for essential care in accordance with state law, and shall determine the premium amounts to be charged by the Plan for additional levels of coverage. The aggregate of all universal coverage payments and premium amounts, along with other sources of income for the Plan, shall be sufficient to pay all costs of benefits under the Plan, the costs of administering the Plan, and reasonable reserves for uncollectible debts to the Plan and unexpected demands on the Plan for payment and other purposes. (2) The Board, in its regulations establishing premium amounts, may prescribe differing amounts for enrollees who have no dependents and for enrollees with differing numbers of dependents. (3) The Board, by regulation, may establish additional classifications for enrollees for whom different premiums will be determined, based on one or more of the following: (a) Covered services for which the enrollee is eligible or is likely to use; (b) Location; (c) Risk of or exposure to injury or illness; or (d) Other factors normally considered by the health and hospitalization programs and the health maintenance organization industry in the determination of premiums. Source: S.L. No. 3L-39-93 5-1, 7/29/93 4-135. Billed amounts. ( (1) The Board by regulation may, subject to 4-137, establish classifications for the portion of the premium amounts to be billed to an enrollee, employer, state government, national government or other entity or person. Such classifications shall be based on one or more of the following: (a) Payments on behalf of the enrollees or employers by a state government of the Federated States of Micronesia, the national government, the government of the United States of America or any other source; (b) Time of payment; and (c) Any other factor reasonably related to the purposes of this chapter. (2) The Plan shall bill the amounts determined under this section. Source: S.L. No. 3L-39-93 5-2, 7/29/93 4-136. Responsibility for benefit offerings. ( (1) All employers shall offer to their employees the opportunity to accept