Page:Constitution of the State of Kosrae.pdf/9

 Section 1. The judicial power of the State is vested in the State Court and such inferior courts as may be created by law.

Section 2. The State Court is a court of record and the highest court of the State. It consists of a Chief Justice and an Associate Justice. Additional associate justices may be added by law. Retired justices, justices pro tempore qualified by law, and sitting justices from other jurisdictions within the Federated States of Micronesia may serve at the request of the Chief Justice. Each justice is a member of both the trial division and the appellate division, except that sessions of the trial division may be held by one justice. No justice may sit with the appellate division in a case heard by him in the trial division. At least three justices shall hear and decide appeals. In case of vacancy in the office of the Chief Justice, or if he is ill, absent, or otherwise unable to serve, the most senior associate justice serves temporarily in his place. The most senior associate has the longest tenure.

(Amended by 1995 Con. Con.)

Section 3. The Governor nominates and appoints the Chief Justice and associate justices with the advice and consent of three-fourths of the Senators. Justices hold their offices during good behavior for terms of six years. Justices shall retire upon attaining the age of sixty-five years.

Section 4. Justices of the State Court are at least thirty-five years of age, are learned in the law, have never been convicted of a felony, and possess additional qualifications as may be prescribed by law.

Section 5. Compensation of justices of the State Court is prescribed by law. Compensation may not be increased or decreased during their terms of office, except by general law applying to all State Government employees.

Section 6. The State Court has original jurisdiction in all cases, except cases within the exclusive and original jurisdiction of inferior courts. The State Court has jurisdiction to review all decisions of inferior courts. Decisions of the Trial Division of the State Court may be appealed to the appellate division of the State Court, as shall be prescribed by law. Decisions of the highest division of the State Court may be appealed to the appellate division of the Supreme Court of the Federated States of Micronesia. The courts of the State constitute a unified judicial system for operation and administration.

(Amended by 1995 Con. Con.)

Section 7. The State Court shall make and promulgate rules governing the administration of all courts. The State Court shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts, which have the force and effect of law upon issuance by order of the Chief Justice; provided, the Legislature may establish or change rules by law.