The Independent Prosecutor shall have a term of six (6) years, with no reappointment to a consecutive term. If a successor is not appointed and confirmed by the end of the term of six years, the current Independent Prosecutor will remain in office in an acting capacity until a successor is appointed and confirmed.
Source: PL 23-143; Line 23 - 7; Section 9; Page 4 of 13 to Page 5 of 13.
(i) be licensed and in good standing to practice law before the FSM Supreme Court;
(ii) be in good standing before every jurisdiction licensed to practice law;
(iii) have graduated from a law school with a juris doctorate and the law school must be accredited by the competent authority of the jurisdiction in which the law school operates, or graduated from a school with a bachelor of laws and the school must be accredited by the competent authority of the jurisdiction; and
(iv) have at least 10 years of legal experience as a prosecutor or litigator.
(b) A person with any disciplinary actions issued against him or her by any court, attorney bar association, and/or jurisdiction governing the practice of law, shall be disqualified from serving as the Independent Prosecutor.
(c) A person convicted of any crime by a court in any jurisdiction shall be disqualified from serving as the Independent Prosecutor.
(d) A person found civilly liable by a court in any jurisdiction for fraud, misrepresentation, deceit, bribery, and/or any fraudulent activity shall be disqualified from serving as the Independent Prosecutor.
(2) Office Staff.
(a) All persons employed as an attorney, lawyer, litigator, and/or prosecutor at the Office shall have:
(i) graduated from a law school with a juris doctorate and the law school must be accredited by the competent authority in the jurisdiction in which the law school operates, or graduated from a school with a bachelor of laws and the school must be accredited by the competent authority of the jurisdiction; and
(ii) at least 5 years of experience as a lawyer or prosecutor.
(b) A person with any disciplinary actions issued against him or her by any court, attorney bar association, and/or jurisdiction governing the practice of law, shall be disqualified from working as a lawyer, attorney, law clerk, legal secretary, paralegal, and/or in any other legal position in the Office. This disqualification applies irrespective of whether the position is a permanent or temporary employee position, ungraded position, special services contract position,or any other classification.
(c) A person convicted of any crime by a court in any jurisdiction shall be disqualified from working as an investigator, lawyer, attorney, law clerk, legal secretary, paralegal and/or in any other legal position in the Office. This disqualification applies irrespective of whether the position is permanent or temporary employee position, ungraded position, special services contract position, or any other classification.
(d) All office staff positions are public service system employee positions and subject to Title 52 of the Code of the Federated States of Micronesia.
Source: PL 23-143; Line 15 - 2; Section 11; Page 5 of 13. to Page 8 of 13.
(1) The Independent Prosecutor may be removed from office for good cause by the President with 2/3 vote of the members of Congress. Removal for good cause includes removal due to abuse of power, incompetence, incapacitation, and/or violation of the contract terms or the law.
(2) Upon removal of the Independent Prosecutor or vacancy in the position, the FSM Supreme Court Chief Justice shall immediately appoint an acting Independent Prosecutor to serve until a successor is appointed by the President with the advice and consent of 2/3 of the members of Congress.
Source: PL 23-143; Line 3 - 18; Section 12; Page 8 of 13.