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5 U. Haw. L. Rev. 361 (1983)
The Beginnings of the Federated States of Micronesia Supreme Court

handle is hein.journals/uhawlr5 and id is 367 raw text is: THE BEGINNINGS OF THE FEDERATED STATES OF MICRONESIA SUPREME COURT Bruce M. Turcott* INTRODUCTION The Federated States of Micronesia is one of several fledgling Pacific Basin nations that are emerging from under the wing of the United States in its capacity as trustee of the Trust Territory of Micronesia. In 1978, three former Trust Territory districts-now the states of Yap, Truk, Kos- rae and Ponape-united to form the Federated States of Micronesia.' Within the FSM's federal system of government, the Supreme Court of the FSM is the highest national court. The FSM Supreme Court was es- tablished by Article XI, Section 2 of the FSM Constitution which became effective on May 10, 1979.2 The Supreme Court's official existence com- menced on May 5, 1981 when it was certified operational by Chief Justice Harold W. Burnett of the Trust Territory High Court.8 In the Judiciary Act of 1979, the FSM Congress specified the organization and composi- tion of the Court, the qualifications of the justices and the general powers possessed by the Court. Shortly thereafter, the FSM Congress confirmed Edward C. King as Chief Justice and Richard H. Benson as Associate Justice.5 The purpose of this essay is to sketch a broad overview of the structure and operations of the Supreme Court of the Federated States of Microne- sia. It is designed to complement the inaugural index of FSM Supreme * Present Law Clerk to Chief Justice Edward C. King, Supreme Court of the Federated States of Micronesia. B.A., University of Hawaii, 1975; M.A., University of Hawaii. The au- thor serves as law clerk for the Chief Justice on a leave of absence from University of Wash- ington School of Law and anticipates returning to law school in January, 1984. ' The Constitution of the Federated States of Micronesia was ratified by the citizens of the districts of Yap, Truk and Ponape on July 12, 1978 and became effective on May 10, 1979 upon the convening of the first F.S.M. Congress, pursuant to F.S.M. CONST. art. XVI, § 1. Kosrae, a new state, was formerly part of the Ponape District. ' The F.S.M. Constitution is reprinted in Appendix A. ' Letter from Harold W. Burnett to Edward C. King (May 5, 1981) (certifying the FSM Supreme Court). F.S.M. CODE §§ 101-125 (1979). See Appendix B. o See infra notes 14-22 and accompanying text.

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