PacLII Home | Databases | WorldLII | Search | Feedback

Palau Sessional Legislation

You are here:  PacLII >> Databases >> Palau Sessional Legislation >> Special Prosecutor Amendment Act, RPPL No. 9-24 2014

Database Search | Name Search | Noteup | Download | Help

Special Prosecutor Amendment Act, RPPL No. 9-24 2014

PALAU


AN ACT


To amend Section 502 of the Special Prosecutor Act (Chapter 5 of Title 2 of the Palau National Code) to provide for an Interim Special Prosecutor, and for other related purposes.


THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:


Section 1. Legislative findings. The Special Prosecutor Act (Chapter 5 of Title 2 of the Palau National Code) creates an independent Office of the Special Prosecutor for the Republic of Palau. The Office is headed by a Special Prosecutor who "act[s] as the prosecutor for the national government in any case in which the Ministry of Justice is unable to prosecute because of an actual or potential conflict of interest or other ethical considerations." The Special Prosecutor is appointed for a term of five years by the President with the advice and consent of the Senate. In recent times, however, the position has been vacant. Although the President has appointed a candidate as mandated, the Senate was unable to reach a consensus as to his confirmation. The Olbiil Era Kelulau recognizes that there has been a considerable public misconception of the independent position the Special Prosecutor exercises and that such misunderstanding is further promoted by the ongoing vacancy of the position. Recognizing the importance of having in place a designated individual to investigate and prosecute in situations in which the Attorney General is unable to do so due to a conflict of interest, the Olbiil Era Kelulau finds that a new position should be created to take on some of the essential duties of the Office of the Special Prosecutor. Therefore, the Olbiil Era Kelulau finds that the Special Prosecutor Act shall be amended to provide for an Interim Special Prosecutor in the event the Senate is unable to reach a consensus on the confirmation of the President's appointment. The Interim Special Prosecutor will be in a temporary position; the position expires if a Special Prosecutor is appointed, the two-year term ends, or the Attorney General removes the Interim Special Prosecutor. Unlike the Special Prosecutor, the Interim Special Prosecutor will be subject to the supervision of the Attorney General to ensure that the Interim Special Prosecutor is competently carrying on the work of the Office of the Special Prosecutor. Given the temporary nature of the position, the Attorney General will also direct the Interim Special Prosecutor to make certain that the work done by the Interim Special Prosecutor can be easily transferred to the Special Prosecutor when one is appointed.


Section 2. Amendment. Section 502 of Title 2 of the Palau National Code is hereby amended as follows:


"§ 502.  Office of the Special Prosecutor; creation; appointment; removal.

(a) There is hereby created an Office of the Special Prosecutor for the Republic of Palau.  The Office shall be headed by a Special Prosecutor appointed for a term of five years by the President with the advice and consent of the Senate and shall be within the Office of the President for budget purposes only.  


(b) The Special Prosecutor or Interim Special Prosecutor shall, within 30 days of assuming office, become licensed to practice law before the courts of the Republic as a condition of retaining office.  Rule 3 of the Palau Rules of Admission for Attorneys shall be modified so that he may practice law in Palau as a Special Prosecutor or Interim Special Prosecutor for 5 years without taking the Palau bar examination.  


(c) The Special Prosecutor will not be removed from his duties except for cause. If the President removes the Special Prosecutor he must submit a report on the cause for removal within 7 days to the President of the Senate and the Speaker of the House of Delegates.


(d) The Attorney General may appoint an Interim Special Prosecutor who will take office without the advice and consent of the Senate


(1) if the President nominates a Special Prosecutor but the Special Prosecutor is not confirmed by the Senate and the President does not nominate a different person to become Special Prosecutor in the 60 days following the failed confirmation; or


(2) if the position of Special Prosecutor is vacant for a period of six months regardless of whether the President nominated a person to become Special Prosecutor.


(e) No person may be appointed as Interim Special Prosecutor if that person was an employee of the Office of the Attorney General in the year prior to being appointed as Interim Special Prosecutor.


(f) The Interim Special Prosecutor will serve in the position as described under Section 507 until the earliest of the following four events occurs:


(1) a Special Prosecutor is appointed with the advice and consent of the Senate;


(2) two years elapse from the time of the appointment of the Interim Special Prosecutor;


(3) the Interim Special Prosecutor is removed by the Attorney General for cause; or


(4) the Interim Special Prosecutor resigns or otherwise leaves office.


(g) If the Interim Special Prosecutor is removed by the Attorney General under subsection (f)(3), the Attorney General must submit a report on the reason for the removal within 7 days to the President of the Senate and the Speaker of the House of Delegates.


(h) If the term of the Interim Special Prosecutor lapses under subsection (f)(2),


(1) the same person may be reappointed as Interim Special Prosecutor by the Attorney General if the Senate failed to confirm a different person nominated to become Special Prosecutor within the previous six months; or


(2) a different person may be appointed as Interim Special Prosecutor by the Attorney General.


(i) If the Interim Special Prosecutor is removed for cause under subsection (f)(3), or resigns or leaves office under subsection (f)(4), the Attorney General may appoint a new Interim Special Prosecutor.


(j) The President may nominate the Interim Special Prosecutor to become the Special Prosecutor. If the Interim Special Prosecutor is not confirmed by the Senate to become Special Prosecutor, the Interim Special Prosecutor will continue in office as Interim Special Prosecutor."


Section 3. Amendment. Chapter 5 of Title 2 of the Palau National Code is amended to add a new Section 507 to state as follows:


"§ 507. Interim Special Prosecutor.

(a) The Interim Special Prosecutor has all the powers, functions and duties of the Special Prosecutor as provided under Section 503(a). However, the independence of the Special Prosecutor as described under Section 503(b) applies to the Interim Special Prosecutor only to the extent that it does not contradict the supervision by the Attorney General as prescribed in this section.


(b) Within 7 days of the end of each quarter of the fiscal year, the Interim Special Prosecutor will submit a report to the Attorney General detailing the expenditures of the Office of the Special Prosecutor, the number of complaints received, the number of matters investigated and prosecuted, and general descriptions of the matters investigated and prosecuted.


(c) The Attorney General may require that the Interim Special Prosecutor include other information in the report provided under subsection (b) sufficient for the Attorney General to form the opinion that the Interim Special Prosecutor is maintaining the Office of the Special Prosecutor in a manner that ensures the continuity of ongoing investigations and prosecutions in the event that a Special Prosecutor is appointed or the term of the Interim Special Prosecutor expires.


(d) Within 30 days of receiving a report under subsection (b), the Attorney General may demand to meet with the Interim Special Prosecutor for the purpose of determining that the Interim Special Prosecutor


(1) is not subject to removal for cause under Section 502(f);


(2) has accurately reported information in the report; or


(3) is maintaining the Office of the Special Prosecutor in a manner that ensures the continuity of ongoing investigations and prosecutions in the event that a Special Prosecutor is appointed or the term of the Interim Special Prosecutor expires.


(e) If, at any time, the Attorney General forms the opinion that the Interim Special Prosecutor is failing to maintain the Office of Special Prosecutor in a manner that ensures the continuity of investigations and prosecutions, the Attorney General may make recommendations to the Interim Special Prosecutor to improve the operations of the Office so that the continuity of investigations and prosecutions is ensured."


Section 4. Effective date.
This Act shall take effect upon its approval by the President of the Republic of Palau, or upon its becoming law without such approval.


PASSED: April 18, 2014


Approved this _ 24th___ day of ____April_________, 2014


_______________/s/___________________
Tommy E. Remengesau, Jr.
President of the Republic of Palau



PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/pw/legis/num_act/spaarn9242014384