Chuuk Constitution Article 09

Section 1. A governmental official is disqualified from ruling upon any matter in which the official has a personal or financial interest. Statutes and administrative rules shall be adopted elaborating upon and implementing this disqualification.

Case annotations: The Governor, as all public officials, occupies a fiduciary relationship to the state he serves, may not use his official power to further his own interest, and shall cooperate with any legislative investigating committee. In re Legislative Subpoena, 7 FSM Intrm. 261, 266 (Chk. S. Ct. Tr. 1995).

The Truk Attorney General represents the government in legal actions and is given the statutory authority pursuant to TSL 5-32 to conduct and control the proceedings on behalf of the government and, in absence of explicit legislative or constitutional expression to the contrary, possesses complete dominion over litigation including power to settle the case in which he properly appears in the interest of the state. Truk v. Robi, 3 FSM Intrm. 556, 561-63 (Truk S. Ct. App. 1988).

The discretion vested in the office of the Attorney General to settle a civil action brought against Truk State is provided for by law, which does not require consent of the Governor before the Attorney General may settle a civil suit against Truk State. Truk v. Robi, 3 FSM Intrm. 556, 561-63 (Truk S. Ct. App. 1988).

Courts may not speculate as to the powers and duties of the office of the Attorney General, but must look to the wording of the relevant law, and further, may not speculate as to the probable intent of the legislature apart from the words. Truk v. Robi, 3 FSM Intrm. 556, 562 (Truk S. Ct. App. 1988).

Under Rule 1.11 of the Truk State Code of Professional Responsibility, a lawyer may not represent a private client in connection with a matter in which the lawyer participated "personally and substantially" as a public officer or employee, unless the appropriate government agency consents after consultation. Nakayama v. Truk, 3 FSM Intrm. 565, 570 (Truk S. Ct. Tr. 1987).

For purposes of Rule 1.11, an attorney who, as a government attorney, signs his name to a lease agreement, approving the lease "as to form," is personally and substantially involved.Nakayama v. Truk, 3 FSM Intrm. 565, 571 (Truk S. Ct. Tr. 1987).

An attorney holding public office should avoid all conduct which might lead the layman to conclude that the attorney is utilizing his former public position to further his subsequent professional success in private practice. Nakayama v. Truk, 3 FSM Intrm. 565, 572 (Truk S. Ct. Tr. 1987).

Section 2. No person may hold any public office or employment if convicted of an act to overthrow or attempt to overthrow, by force or violence, the government of the State of Chuuk or the Federated States of Micronesia; or of an assassination or attempted assassination of a public official, as prescribed by statute; or of aiding or abetting or conspiring to commit any of these crimes. The Legislature shall prescribed by statute the penalties for the commission of any of these crimes. Such penalties shall include, but are not limited to, banishment from the State and life imprisonment without the possibility of parole.

Section 3. There shall be an independent Public Service commission to administer a public service system based on merit principles, with such powers and duties as may be prescribed by statute.

(a) There shall be an Independent Prosecutor with the power and duty to prevent, combat and eliminate corruption in government through investigation and prosecution. The Prosecutor may issue subpoenas and compel attendance of witnesses, administer oaths, and exercise other powers and duties as prescribed by statute.

(b) The Prosecutor shall be selected for a single 3 year term by a majority of all the mayors of the State of Chuuk, and may be removed for cause by the Governor with the consent of the Senate. No person is eligible to serve unless a law school graduate. The selection procedures and additional qualifications may be prescribed by statute.

Case annotations: Because the Office of the Chuuk Attorney General is not a constitutional officer but rather is a principal officer of the executive and advisor to the governor and serves at his pleasure the Chuuk Attorney General cannot prosecute the governor. That would be the constitutional responsibility of the Independent Counsel. In re Legislative Subpoena, 7 FSM Intrm. 259, 260 (Chk. S. Ct. Tr. 1995).

(a) A petition for recall of the Governor or Lieutenant Governor may be initiated by a majority of all mayors in the State of Chuuk, or by registered voters equal in number to at least 15 percent of those who voted in the last general election for Governor and Lieutenant Governor.

(b) A petition for recall of a Senator or a Representative may be initiated by a majority of all mayors in the applicable Representative district or Senatorial Region, or by registered voters from such district or region equal in number to at least 20 percent of those who voted in the last general election in such district or region.

(c) A recall petition shall contain the name and office of the official who is the subject of the recall, and the grounds for the recall. The sufficiency of the signatures on a recall petition shall be validated by the Election Commission within 30 days after receipt of the petition. Validation may not extend to the grounds for recall stated on the petition. Upon validation of a petition, a recall election shall be held within 60 days after receipt of the petition.

(d) Upon validation of a petition, and until the recall is rejected by the voters, the official who is the subject of the recall may not discharge the powers and duties of the office.

(e) A Governor, Lieutenant Governor, or member of the Legislature is removed from office upon approval of the recall by a majority of the votes cast on the question. An official may not be recalled during the last 6 months of the term for which elected.

(f) An amount not to exceed that actually spent for the most recent general election for Governor, in the case of recall of a Governor or Lieutenant Governor, or for the Legislature in the applicable Representative District or Senatorial Region, in the case of recall of a member of the Legislature, is appropriated out of the general fund and allotted to the Election Commission for the conduct of the recall election. Expenditure of such funds shall be reported to the Legislature within 3 months of the election.