Chuuk v Dereas [1998] FMCSC 17; 8 FSM Intrm. 599 (Chk. S. Ct. Tr. 1998) (29 June 1998)

CHUUK STATE SUPREME COURT
TRIAL DIVISION
Cite as Chuuk v Dereas, [1998] FMCSC 17; 8 FSM. Intrm. 599 (Chk. S. Ct. Tr. 1998)

CHUUK STATE,
Plaintiff,

vs.

TIM DEREAS, TEREF IOSIMI, RENE HAUK, and ESETOK GEORGE,
Defendants.

CSSC Traffic Cases Nos. 08-98, 22-98, 31-98 and 50-98

ORDER

Camillo Noket
Associate Justice

Hearing: June 11, 1998
Decided: June 29, 1998

APPEARANCES:

For the Plaintiff:
Office of the Chuuk Attorney General
P.O. Box 189
Weno, Chuuk FM 96942

For the Defendants:
Office of the Public Defender
P.O. Box 754
Weno, Chuuk FM 96942

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HEADNOTES

Criminal Law and Procedure
When neither the Legislature nor the court has provided any rules of procedure for traffic cases, the proper rules to follow are the court's rules of criminal procedure. Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 601 (Chk. S. Ct. Tr. 1998).

Criminal Law and Procedure - Information
Relevant provisions of Title 12 of the Trust Territory Code regarding traffic citations’ definition and procedure continue in effect as Chuuk state law on criminal procedure, as long as these provisions have not been amended or repealed and are consistent with the Chuuk Constitution. Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 601 (Chk. S. Ct. Tr. 1998).

Criminal Law and Procedure - Information
A "citation" is a written order to appear before a court at a time and place named therein to answer a criminal charge briefly described in the citation. It contains a warning that failure to obey it will render the accused liable to have a complaint filed against him upon which an arrest warrant may be issued. Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 601 (Chk. S. Ct. Tr. 1998).

Criminal Law and Procedure - Information
The court may accept the statement of the charge or charges in a citation or a copy thereof in place of an information in any misdemeanor tried. Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 601 (Chk. S. Ct. Tr. 1998).

Criminal Law and Procedure - Information
In accepting the use of a citation in place of a complaint or information in an action, a court must review the statement of charge or charges that appear on the citations in conformity with the nature and contents of an information or complaint. The citation must be a plain, concise and definite written statement of the essential facts constituting the offense charged, and must state for each count of the citation, the statute, rule, regulation or other provision of law which the defendant is alleged to have violated. Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 601 (Chk. S. Ct. Tr. 1998).

Criminal Law and Procedure - Arrest and Custody; Criminal Law and Procedure - Information
Police officers' authority to issue citations in lieu of complaints or information is provided by law. In any case in which a policeman may lawfully arrest a person without a warrant, he may instead, subject to such limitations as his superiors may impose, issue and serve a citation upon the person, if he deems that the public interest does not require an arrest. Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 602 (Chk. S. Ct. Tr. 1998).

Criminal Law and Procedure - Information

When defendants have been charged in a citation with misdemeanor offenses, it is lawfully appropriate for the court to pursue the charges in litigation in place of complaints or information because police officers' issuance of citations to defendants in lieu of complaints or information for violation of Chuuk State Motor Vehicle Code provisions is authorized. Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 602 (Chk. S. Ct. Tr. 1998).

Criminal Law and Procedure - Information
The statements that appear on citations fulfill the essential requirement of that of a complaint or information in a criminal case as provided in Chuuk Criminal Procedure Rule 7(c)(1). Chuuk v. Dereas, [1998] FMCSC 17; 8 FSM Intrm. 599, 602 (Chk. S. Ct. Tr. 1998).

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COURT'S OPINION

CAMILLO NOKET, Associate Justice:

Defendants, on April 14, 1998, were cited by Chuuk State police officers for alleged violation of Chuuk State Traffic Law No. 3-95-18, known as the "Chuuk State Motor Vehicle Code." All defendants contested the charges and entered their pleas of not guilty during arraigment. Before trial, defendants represented by the Public Defender Office filed a motion to dismiss all the charges in the citation, claiming that this court lacks authority to hear the traffic cases based on the citations alone in the absence of complaints or information. Opposing the motion is the Chuuk State Government, represented by the Chuuk State Attorney General's Office. Argument on the motion was heard on June 11, 1998.

Issue

Does the Court have authority to hear traffic cases based on citations in the absence of complaints or information?

Holding

I hold that the Chuuk State Supreme Court does have authority to hear traffic cases based on citations issued and filed in the absence of complaints or information.

Discussion

Defendants correctly pointed out and I agree that Chuuk State Traffic Code S.L. No. 3-95-18 was enacted, without providing any rules of procedure for this court to use in prosecuting traffic cases. This is a question of fact. I agree also with defendants in their argument that since the Legislature or this Court does not provide any rules of procedure on traffic cases, the proper rules of procedure for the court to follow is this court's criminal rules of procedure. Nonetheless, I disagree with defendants' concluding argument that when this court is using its criminal rules of procedure promulgated, this court must dismiss the actions because this court's criminal rules of procedure does not provide the use of citation and further argue that in order to initiate a criminal action, complaints or information must be filed and that Citations are not complaints or information.

Relevant certain provisions of Title 12 of the Trust Territory Code regarding traffic citation's definition and procedure continue in effect as the law on criminal procedure of the State of Chuuk, as long as these provisions have not been amended or repealed and is consistent with the Chuuk State Constitution. "A statute in force in the State of Chuuk on the effective date of this Constitution continues in effect to the extent it is consistent with this Constitution, or until it is amended or repealed." Chk. Const. art. XV, § 9.

The relevant portions of Title 12 of the Trust Territory Code as also incorporated in the code of the Federated States of Micronesia regarding citation has not been amended or repealed and not inconsistent with the Chuuk State Constitution, and therefore they still continue in effect as the law of Chuuk State.

"Citation" as defined in the Trust Territory Code of Criminal Procedure and as also identically incorporated in Title 12 of the FSM Code of Criminal Procedure is "a written order to appear before a court at a time and place named therein to answer a criminal charge briefly described in the citation. It shall contain a warning that failure to obey it will render the accused liable to have a complaint filed against him upon which a warrant of arrest may be issued. The statement of the charge or charges in a citation or a copy thereof may be accepted by the court in place of an information in any misdemeanor tried . . . ." C 1(5); anF.12 F.S.M.C. M.C. 101(3) (emphasis added).

In accepting the use of a citation in place of a complaint or information in an action, court must review the statement of charge or charges that appear on the citations in conformity with the nature and contents of an information or complaint, and that is, "The [citation] shall be a plain, concise and definite written statement of the essential facts constituting the offense charged . .&# [It] shall state for eaor each count the citation of the statute, rule, regulation or other provision of law which the defendant is alleged to have violated." Crim. R. 7(c)(1). Established by General Court Order No. 3-o. 3-97 (1997).

Citations that are in file and before me were served on defendants whose signature appeared as "Driver's Signature." The citations are all in standardized forms, with blanks that were filled in by, I assume, a police officer of the Chuuk State Public Safety. The citations contain and cover those essential facts constituting the offense charged and citing the statute which the defendants are alleged to have violated. Moreover, the citations contain a statement which provides for failure to appear at the Chuuk Supreme Court, Nantaku on what day and time of the day that each of the defendant must appeared and to answer the charge(s). They also contain a warning that for failure to comply with the above will subject the defendant to arrest.

Citations were issued to each of the defendants by Chuuk State police officers charging each of them for offenses in violation of certain provisions of the Chuuk State Motor Vehicle Code. The police officers' authority on issuance of citations in lieu of complaints or information is provided by law.

A policeman in any case in which he may lawfully arrest a person without a warrant, may, subject to such limitations as his superiors may impose, issue and serve a citation upon the person instead of making an arrest, if he deems that the public interest does not require an arrest.

12 TTC 62.

One remaining question that must be addressed is whether the offenses that defendants have been charged with in the citation are misdemeanor offenses, in order that court may determine whether it is lawfully appropriate for the court to pursue the charges in litigation in place of complaints or information. "Excepting Section 703, It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this Code, and, unless otherwise specifically provided in this Code." Chk. S.L. No. 3-95-18 (emphasis added).

Therefore, except for offenses under Section 703, which offenses are presumed felony, statement of the charge or charges in the citations served on defendants or copies thereof are accepted by the court in place of complaints or information. Defendants' contention that citation is not a complaint or information may have merit, if the statement of the charge or charges in the citation or a copy thereof is not accepted by the court. Furthermore, the issuance of citations on defendants in lieu of complaints or information by police officers for violation of any of the provisions of the Chuuk State Motor Vehicle Code is authorized.

It is therefore my opinion that the statements appear on the citations served on defendants and are before me, fulfill the essential requirement of that of a complaint or information in a criminal case as provided in Chuuk State Rules of Criminal Procedure Rule 7(c)(1).

The statements appear on the citations served on defendants do fulfill the essential requirement of that of a complaint or information. Although, I find it necessary to modify the current citation form to eliminate any surplusage or unnecessary matter and would not affect its validity. For example, all the statements in the citation form which make references to payment of bail to the Director of Public Safety must be changed to require the payment to be made to the Chuuk State Supreme Court directly and the amount of bail that corresponds to each traffic offense must also be reviewed and set by court rules in the absence of a specific statute, pursuant to the Judiciary Act of Chuuk State regarding granting bail. These modifications shall not affect the essential statement as required in a complaint or information that gives clear and fair notice to defendant of the allegation and offense charged and for each count, citation of the statute, which the defendant is alleged to have violated. These modifications shall not in any way affect the validity of the citations served on defendants.

Conclusion

Based on the aforementioned, I hereby denied the motion with instruction.

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