Marshall Islands’ Constitution of 1979 with Amendments through 1995

Judicial Independence

 
Article VI. Section. 1. The judicial power of the Republic of the Marshall Islands shall be independent of the legislative and executive powers and shall be vested in a Supreme Court, a High Court, a Traditional Rights Court, and such District Courts, Community Courts and other subordinate courts as are created by law, each of these courts possessing such jurisdiction and power and proceeding under such rules as may be prescribed by law consistent with the provisions of this Article. […].
 

Judicial Council or Parallel Institution

 
Article VI. Section 5. There shall be a Judicial Service Commission which shall consist of a. a Chairman, the Chief Justice of the High Court, or if his office is vacant, a person qualified by legal training, experience and temperament, appointed by the Cabinet to act during the period of the vacancy; b. the Attorney General or, if for any reason the Attorney General is unable to act, the Chairman of the Public Service Commission; c. a citizen of the Republic of the Marshall Islands, who is neither a member of the Nitijela nor an employee of the Public Service, appointed from time to time by the Cabinet. 2. No business shall be transacted by the Judicial Service Commission unless three members are present; and all questions proposed for decision by the Commission shall be decided by a majority of the votes of those members. 3. The Judicial Service Commission shall: a. make recommendations on judicial appointments on its own motion or at the request of the Cabinet; b. recommend or evaluate criteria of qualification for judges on its own motion or at the request of the Speaker or the Cabinet; c. appoint and remove judges of the subordinate courts, and of the Traditional Rights Court if authorized to do so by Act; d. exercise such other functions and powers as may be conferred by law. 4. In the exercise of its functions and powers, the Judicial Service Commission shall not receive any direction from the Cabinet or from any other authority or person, but shall act independently.
 

Attorney General’s Office

 
Article VII. Section 3. 1. There shall be an Attorney General who shall be an officer of the Public Service and shall have the same qualifications as those required for appointment as a judge of the High Court. 2. The Attorney General shall be the head of any Department or office dealing with the administration of justice and of any other Department or office placed under his authority by the Public Service Commission. 3. In addition to the other functions and powers conferred on him by law, the Attorney General shall advise on legal matters referred to him by the Cabinet, the President or a Minister, and shall be responsible for instituting, conducting or discontinuing any proceedings for an offense alleged to have been committed, and for seeing to it that the laws are faithfully executed. […]