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Ebeye Justice Act 1991 [27 MIRC Ch 7]

27 MIRC Ch. 7

MARSHALL ISLANDS REVISED CODE 2004

TITLE 27 - THE COURTS AND COURT OFFICERS

CHAPTER 7

EBEYE JUSTICE ACT

ARRANGEMENT OF SECTIONS

Section

§701. Short title.
§702. Interpretation.
§703. Residence on Ebeye.
§704. Expenses.
§705. Effective Date.

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An Act to require that a High Court Justice, Attorney General, and Public Defender reside and work on Ebeye. [Section numbering style modified to conform to new code format (Rev. 2003)]

Commencement: February 20, 1991
Source: P.L. 1991-108

§701. Short Title.

This Act may be cited as the 'Ebeye Justice Act 1991.'[P.L. 1991-108, §1.]

§702. Interpretation.

In this Act:

(a) 'Attorney -General' means the Attorney-General of the Republic of the Marshall Islands as provided under Article VII, Section 3 of the Constitution of the Republic of the Marshall Islands, or an Assistant Attorney-General in the Office of the Attorney-General.

(b) 'Justice of the High Court' means the Chief Justice or an Associate Justice of the High Court of the Republic of the Marshall Islands as provided under Article VI, Sections 1 and 3 of the Constitution of the Republic of the Marshall Islands, and Section 210 of the Judiciary Act 1983 (27 MIRC, Chapter 2).

(c) 'Public Defender' means the Chief Public Defender of the Republic of the Marshall Islands as provided under Section 304 of the Marshall Islands Public Defender Act 1979(5 Ml RC, Chapter 3) or an Assistant Public Defender in the Department of the Public Defender. [P.L. 1991-108, §2.]

§703. Residence on Ebeye.

(1) As of the effective date of this Act, one Attorney-General, one Justice of the High Court, and one Public Defender shall each be assigned to and reside on Ebeye Island in Kwajalein Atoll.

(2) All employment contracts entered into after the effective date of this Act between the Government of the Republic of the Marshall Islands and an Attorney- General, Justice of the High Court or Public Defender, shall provide in the conditions of employment that the employee may be required to reside on Ebeye Island.

(3) The Office of the Attorney-General, the Department of the Public Defender and the High Court may provide for a rotation or other arrangement by which the members of that office may each be assigned and reside for a specified period of time on Ebeye Island; provided, however, that no more than one Attorney-General, Justice of the High Court or Public Defender may be resident on Ebeye at more than one point in time. [P.L 1991-108.]

§704. Expenses.

The expenses associated with the establishment and maintenance of residences as required by this Act, including the costs of housing, court and office space, transportation, the hiring of additional personnel as necessary and incidental expenses, shall be payable out of money appropriated for that purpose by the Appropriation Act or a Supplementary Appropriation Act for each year, provided, however, that if no such appropriation is made, such expenses shall be payable in that financial year as a charge on the General Fund. [P.L. 1991-108, §4.]

§705. Effective date.

This Act shall not take effect until such time as the Cabinet determines that funds, personnel and facilities, as necessary, are available to implement this Act, as signified by Cabinet Minute. [P.L. 1991-108, §5.]

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