|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Reports of the Trust Territory of the Pacific Islands |
NUNUWA HAMO, for herself and all others similarly situated, Petitioner
v.
HONORABLE ERNEST F. GIANOTTI, Associate Justice of the High Court, for the Districts of Truk and Ponape, Respondent
Civil Appeal No. 297
Appellate Division of the High Court
June 1 5, 1979
Original appellate division action for mandamus to compel judge to recuse himself in all pending cases in which petitioner and members of the class she represented were parties, the class being those represented by the Micronesian Legal Services Corporation, because of bias and prejudice toward the corporation's attorneys on the judge's part. The Appellate Division of the High Court, per curiam, held the requested remedy would be ordered where events showed an appearance that judge could not act with impartiality and must have inevitably produced a degree of prejudice against the attorneys, without hereby approving of actions of the legal services attorneys of the type creating prejudice.
1. Statutes-Construction-Retrospective Effect
Generally, whether a statute is given retrospective operation depends on whether it is remedial or procedural, in the absence of specific statutory direction or legislative history indicating a contrary intent; if, however, it affects substantive rights it can be given only prospective application.
2. Statutes-Construction-Retrospective Effect
Right to trial before an unbiased judge is a substantive one, not necessarily dependent on statute, is essential to due process and thus a constitutional right, and a statute designed to provide a means of obtaining disqualification of a judge for bias is clearly remedial or procedural, serving to implement the basic due process right and should be applied retrospectively. (5 TTC § 351)
3. Judges-Disqualification-Affidavits
Facts presented by affidavit in support of a motion to disqualify a judge are to be taken as true, though they are subject to determination of their legal sufficiency. (5 TTC § 351)
4. Judges-Disqualification-Justified
PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/other/TTLawRp/1979/8.html
