King v. Andrus, Civ. A. No. 2030-72.

• Citation: 452 F. Supp. 11
• Decision Date: 30 December 1977
• Docket Number: Civ. A. No. 2030-72.
• Parties: Jake KING, Plaintiff, v. Cecil D. ANDRUS, Defendant.
• Court: U.S. District Court — District of Columbia

452 F. Supp. 11

Jake KING, Plaintiff, v. Cecil D. ANDRUS, Defendant.

Civ. A. No. 2030-72.

United States District Court, District of Columbia.

December 30, 1977.

Daniel A. Rezneck, Linda D. Fienberg, Washington, D. C., for plaintiff.

Alexis Panagakos, Royce C. Lamberth, Jr., C. Brewster Chapman, Jr., U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

BRYANT, Chief Judge.

Plaintiff, an American citizen living in American Samoa, had been charged in the High Court of American Samoa with willful failure to pay Samoan income tax and to file an income tax return in violation of pertinent sections of the United States Internal Revenue Code of 1954, as adopted by the Revised Code of American Samoa. The Chief Justice of the above-mentioned court denied plaintiff's motion for a jury trial, and plaintiff filed this suit against the Secretary of the Interior as administrator of American Samoa requesting, (1) a declaration that the denial of jury trial to an American citizen charged with serious crime in the American Samoan court is unconstitutional; and (2) an injunction against the Secretary's enforcement of any judgment of conviction against him not based on a jury verdict.

After cross-motions for summary judgment were filed, this court dismissed the action for lack of jurisdiction. Plaintiff appealed, and our U.S. Court of Appeals, noting probable jurisdiction, reversed and remanded with directions to this court to render a decision which rests on a solid understanding of the present legal and cultural development of American Samoa. The Court stated:

"That understanding cannot be based on unsubstantiated opinion; it must be based on facts.

"Specifically, it must be determined whether the Samoan mores and matai culture with its strict societal distinctions will accommodate a jury system in which a defendant is tried before his peers; whether a jury in Samoa could fairly determine the facts of a case in accordance with the instructions of the court without being unduly influenced by customs and traditions of which the criminal law takes no notice; and whether the implementation of a jury system would be practicable. In short, the question is whether in American Samoa `circumstances are such that trial by jury would be impractical and anomalous.'" King v. Morton, 172 U.S.App.D.C. 126, 133, 520 F.2d 1140, 1147 (1975).

Pursuant to these directions, an extensive trial was held.

It appears that plaintiff is correct in his contention that the jurisdictional issue has been resolved in his favor by the Act of Congress (Public Law 94-574, 90 Stat. 2721) amending 28 U.S.C. § 1331 which eliminates the required showing of a value of $10,000 of the matter of controversy; and also by Ralpho v. Bell, 569 F.2d 607, decided by our Court of Appeals on March 29, 1977. The defendant does not seriously contend otherwise.

Throughout these proceedings the defendant has contended that instituting jury trial as a requirement of the criminal justice system in American Samoa would be impractical and anomalous within its culture, and that it would undercut the preservation of traditional values and harmonious relationships on the relatively small island and undermine confidence in the present system of justice.

Defendant claims that "Fa'a Samoa" (the Samoan way of life) encompasses a complex system of personal interrelationships manifestly adverse to a jury system. The main features of this system are the "aiga" or extended family, the "matai" or chieftal system, the land tenure system under which nearly all land is communally owned, and the custom of "ifoga" whereby one family renders formal apology to another for a serious offense committed by one of its members.

The smallest social unit is the au aiga or household which consists of a group of relatives living together in a particular area, and numbering between five and perhaps thirty-five persons, ranging from sons and daughters to in-laws, cousins and adopted persons.

At the head of the au aiga is a matai or chief who is selected by the members of the household to manage the land and their daily affairs.

The defendant presents the aiga as a commonly used relationship grouping, which in one context would include various clans under a particular family name, thus numbering hundreds of people who are all conscious of strong family ties, and who in effect form a close-knit group, under a single matai. This represents the so-called extended family concept.

This accounts for a different level, or higher ranking matais who control the assignment of land to the various families of the larger family or clan. In addition to this authority, the matais also direct much of the social and religious life of their families in the districts and at the village level. Matais are respected and have some influence over their family members.

Finally, the defendant emphasizes a "sense of oneness" on the part of American Samoans arising out of the almost endless family relationships and the smallness of the area. He alleges that everyone is familiar with almost everyone else, and that not only do Samoans feel strong loyalties to the members of their aiga, they also feel a strong loyalty and bond with all Samoans.

The defendant contends that in the light of these features of the Samoan way of life no jury of impartial persons could be empaneled. He reasons that Samoans would not be truthful on voir dire about relationships to parties in a trial; that lawyers would not exercise challenges against prospective jurors for fear of offending matai of their families or other families; that Samoans would not convict a matai of a crime because of repercussions which would follow the family relationships; and that matais would influence the vote of jurors. And finally, he seriously urges that if an ifoga were accepted by the family of a victim of the crime no jury would convict an accused.

Predictably, plaintiff discounts the current force and effect of these cultural phenomena insofar as they might doom an effective jury system in criminal proceedings, and extolls certain aspects of American Samoa's background and development which he claims are entirely compatible with the institution of jury trial.

The evidence supporting plaintiff's position is overwhelming — most of it coming from the defendant's own witnesses.

The Aiga.

There are as many aiga in American Samoa as there are matais, and these number well over a thousand. While many aiga are substantial in size, there are many more with as few as twelve members.

Many of the people considered part of an aiga are rather distant relatives who do not live in geographical proximity; and oftentimes people do not know on an individual basis who are related to other people. The strength of the aiga concept has been further diluted by several factors in modern Samoa. In the last 50 years the population has increased from 8000 to about 30,000. This increase in population has brought a corresponding increase in the number of individual households — from about 2600 in 1960 to 6,000 in 1975, and a decrease in the number of persons in each household (7 in 1960 to 4 in 1975). The aiga has also lost ground in the face of widespread intermarriage of American Samoans with Americans and others.

Moreover, if the defendant's contention in regard to the effects of the aiga were valid, they most certainly would have come alive in other aspects of the system of justice. But they are conspicuously absent. For example, American Samoans testify against members of their own aiga in the Land and Titles Division of the High Court — after taking the traditional oath as we know it. Then again, all judges in the Traffic Division and the Land and Titles Division of the High Court are Samoans.

As for the criminal side, the 95-member Samoan Police Department, except for the Chief of Police, consists of Samoans. According to the evidence, these officers have no reluctance when it comes to arresting fellow Samoans and charging them with offenses which carry jail terms. In the great majority of the criminal cases witnesses are Samoans who testify on both sides in the cases, and there is no indication that they display any reluctance in this regard.

The lawyers-prosecutors and defense counsel alike are Samoan and apparently represent their respective clients vigorously, with an eye to duty rather than family relationships. Testimony adduced at the trial certainly does not support any notion that these lawyers are handicapped in the performance of their duties by any family ties. As a matter of fact, one of the defendant's witnesses, High Chief Tuiteleleapaga, at one time held the position of prosecutor and special assistant to the Attorney General. In that capacity he handled criminal cases. He was so objective in performing his duty that he convicted his brother's son of a criminal offense and recommended that he be jailed for three months. Finally, in this system we have the advisory judges who perform openly during the trial. The evidence establishes that Samoans are readily available for this duty.

The Matai System.

It has been noted that there are various rankings among matai titles, carrying different degrees of authority and influence. Basically their authority stems from their control over who works the land, and where. Because of various economic and social changes it is generally conceded that the influence of the matai system has been declining, and is continuing to do so.

It appears that there is less subsistence agriculture, and the pattern of families working communally owned land has broken down considerably. Now households include distant relatives who for one reason or another have come from remote areas. Though the chief they live with is a relative, he is not the one to whom they are primarily loyal, and his control over their behavior is minimal.

The monopoly on political expression for a family once held by...