American Samoa § 45.0124 - Hearing

§ 45.0124. Hearing

(a) The Court shall adopt rules of procedure to apply in all proceedings under 45.0115. (b) Hearings shall be held before the Court without a jury, except as provided in 45.0123, and may be conducted in an informal manner, except in proceedings brought under subsection (b) of 45.0115. The general public is to be excluded. The Court may determine that it is in best interests of the child to admit those persons having an interest in the case or the work of the Court, including persons whom the parents or guardian wish to be present: provided, however, that the admission of those persons does not adversely affect the protection of the child. (c) A verbatim record shall be taken of all proceedings which might result in the deprivation of custody. A verbatim record shall be made in all other hearings, including any hearing conducted by a referee, unless waived by the parties in the proceeding and so ordered by the judge or referee. (d) When more than 1 child is named in a petition alleging delinquency, need of supervision, or neglect or dependency, the hearings may be consolidated, except that separate hearings may be held with respect to disposition. (e) Children’s cases shall be heard separately from adults cases, and the child or his parents, guardian, or other custodian may be heard separately when considered necessary by the Court. (f) The name, picture, place of residence, or identity of any child, parent, guardian, other custodian, or any person appearing as a witness in proceedings under 45.0115 may not be published in any newspaper or in any other publication nor given any other publicity, unless for good cause it is specifically permitted by order of the Court. Any person who violates the provisions of this subsection is guilty of a misdemeanor. Case Notes: Offenses allegedly committed before defendant’s 18th birthday must be filed in Juvenile Court, even if defendant is over 18 when charges are filed. Then, prosecution may petition that defendant be tried as adult. Government v. Fuaalii, ASR (1976). Research Guide: CRS 19-1-107, 33 ASC 51, 33 ASC 52.