3.0303 Sessions-Petit jury.

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(a) All sessions of the District Court are conducted by a District Court judge sitting alone.

(b) Sessions of the District Court are held in the Court House in Fagatogo, Tutuila, or at such other places in American Samoa as the business of the court requires and as the Chief Justice may designate from time to time.

(c) A person charged with an offense carrying a maximum possible punishment of over 6 months but not more than one year of imprisonment shall be tried by a jury unless he personally waives this right in writing or in open court. The petit jury shall be comprised of 6 persons. The jury verdict must be unanimous. Voir dire of prospective jurors shall be conducted by the court.

(d) Whenever petit jury trials are held in District Court as provided in subsection (c) the District Court judge, as provided in subsection (a), sitting alone acts as presiding judge. All questions of law shall be ruled upon by the presiding judge.

History: 1979, P1. 16-28 § 16, 2005, PL 29-1.