ARTICLE XI. JUDICIAL
Section 1
The judicial power of the national government is vested in a Supreme Court and inferior courts established by statute.
Section 2
The Supreme Court is a court of record and the highest court in the nation. It consists of a Chief Justice and not more than 5 associate justices. 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 3 justices shall hear and decide appeals. Decision is by a majority of those sitting.
Section 3
The Chief Justice and associate justices of the Supreme Court are appointed by the President with the approval of 2/3 of Congress. Justices serve during good behavior.
Section 4
If the Chief Justice is unable to perform his duties he shall appoint an associate justice to act in his stead. If the office is vacant, or the Chief Justice fails to make the appointment, the President shall appoint an associate justice to act as Chief Justice until the vacancy is filled or the Chief Justice resumes his duties.
Section 5
The qualifications and compensation of justices and other judges may be prescribed by statute. Compensation of judges may not be diminished during their terms of office unless all salaries prescribed by statute are reduced by a uniform percentage.
Section 6
- The trial division of the Supreme Court has original and exclusive jurisdiction in cases affecting officials of foreign governments, disputes between states, admiralty or maritime cases, and in cases in which the national government is a party except where an interest in land is at issue.
- The national courts, including the trial division of the Supreme Court, have concurrent original jurisdiction in cases arising under this Constitution; national law or treaties; and in disputes between a state and a citizen of another state, between citizens of different states, and between a state or a citizen thereof, and a foreign state, citizen, or subject.
- When jurisdiction is concurrent, the proper court may be prescribed by statute.
Section 7
The appellate division of the Supreme Court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this Constitution, national law, or a treaty. If a state constitution permits, the appellate division of the Supreme Court may review other cases on appeal from the highest state court in which a decision may be had.
Section 8
When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the Supreme Court. The appellate division of the Supreme Court may decide on the case or remand it for further proceedings.
Section 9
The Chief Justice is the chief administrator of the national judicial system and may appoint an administrative officer who is exempt from civil service. The Chief Justice shall make and publish and may amend rules governing national courts, and by rule may:
- divide the inferior national courts and the trial division of the Constitution into geographical or functional divisions;
- assign judges among the divisions of a court and give special assignments to retired Supreme Court justices and judges of state and other courts;
- establish rules of procedure and evidence;
- govern the transfer of cases between state and national courts;
- govern the admission to practice and discipline of attorneys and the retirement of judges; and
- otherwise provide for the administration of the national judiciary;
Judicial rules may be amended by statute.
Section 10
The Congress shall contribute to the financial support of state judicial systems and may provide other assistance.
Section 11
Court decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision a court shall consult and apply sources of the Federated States of Micronesia.
