Interview: Yoslyn Sigrah
/The 23rd Congress of the FSM took three months (July 10, 2023 to September 28, 2023) to accept and reject two new members to their legislative body.
Senator-elect Fabian Nimea from the state of Chuuk and Senator-elect Yoslyn G. Sigrah from the state of Kosrae. Both candidates won their respective races for the coveted at-large seats to FSM congress. Seats that have a direct line to the presidency and the vice presidency of the country.
By September 28, the Credentials Committe of Congress approved the qualifications of senator-elect Fabian Nimea. Senator Nimea's nomination was challenged by opposing candidates in Chuuk. The opposition claimed, among other things, "election fraud and ballot stuffing", however the court upheld Senator Nimea's nomination stating, "the few affidavits the petitioner did timely submit to the National Election Director were unsigned. The court also noted that the recount sought by the petitioner did not have the likelihood of changing the election results". This secured Senator Nimea's appointment to congress. He was sworn in on September 29, 2023.
The same outcome could not be said for senator-elect Yoslyn Sigrah of Kosrae. The Committee on Credentials Report rejected Mrs. Sigrah's seat to congress.
The requirements for eligibility to become a member of congress are listed in the FSM Constitution Article IX, Section 9:
Must be at least 30 years of age.
Must be an FSM citizen.
Must have resided in the state that he/she is running for for at least 5 years.
Must be mentally competent.
Must not have a felony conviction.
The Office of National Election certified Mrs. Sigrah's eligibility requirements. However, the Credentials Committee from congress highlighted that the constitution further states that, "Congress may modify provisions or prescribe additional qualifications".
The report further cites under Article IX, Section 17 of the Constitution that, "Congress shall be the sole judge of the elections and qualifications of its members”. The Committee Report interprets that, “As the sole judge, Congress must ascertain the character and fitness of members-elect to serve in Congress and uphold their obligations to abide by the law and oath of office."
It is within these lines of the constitution that the FSM Congress rejected Yoslyn Sigrah.
Congress stated in their report that Mrs. Sigrah had one allegation of biting a police officer, one misdemeanor charge, and suspensions to practice law in the State of Kosrae (this was successfully appealed) and at the FSM Supreme court level.
The report concluded:
"The actions of Yoslyn Sigrah raise serious concerns on her qualification to serve as a member and Senator of Congress. The fact that Yoslyn Sigrah engaged in conduct, including but not limited to filing misleading and false documents with the FSM Supreme court, willfully violating a FSM Supreme Court order, and the allegations of biting a police officer in her professional capacity as an attorney; sworn to uphold the FSM Constitution and the laws of the nation, an oath analogous to the oath of office taken by members of Congress; draws into question her capacity to abide by the oath of office and responsibilities as a member of Congress. Your Committee finds that Yoslyn Sigrah is not qualified to be seated as a member of the Twenty-third Congress."
Mrs. Sigrah is currently challenging congress in court.
Yoslyn Sigrah is a graduate of the William S. Richardson School of Law at the University of Hawaii at Manoa. Mrs. Sigrah earned her Juris Doctor in Law in 2007. She is licensed to practice law in the FSM Supreme Court, Kosrae State Court, and can also practice law and in good standing with the Pohnpei State Supreme Court and Chuuk State Supreme Court. Recently, Mrs. Sigrah served as a delegate to the 2019-2020 FSM Constitutional Convention.
TFB: The Fourth Branch
YS: Yoslyn Sigrah
TFB: The Committee on Credentials report cited one allegation against you, one misdemeanor, and one court suspension that you successfully appealed. Do you feel that these were fair to include in their credentials report?
YS: No, it is not fair. Those complaints and allegations belong in another house not the house of Congress. Those complaints are from attorneys alleging violations of the rules of the courts. The rules of the court belong in the court. The rest of the senators are not attorneys. The process given to me was not the same process given to all the senators-elect before me. It has been 44 years of a constitutional government; it has never been done before. I have this lawyer from the mainland that told me, it is a double standard. I don’t have to say it out loud that I agree, I feel that I was not treated the same as those other similarly situated before me.
Did Congress make a fair assessment? No. Congress did not make a fair assessment. The process of reaching far out to look at lawyers’ work-life in courts (when most of these senators are not lawyers) is unfair. A credentials report signed by 3 Senators that I don’t know well, for me is not fair because they lack the first-hand knowledge of my character to be able to testify to my character. I cannot testify to their characters because I do not know them well enough. I was never questioned by the committee before they put out that report.
The misdemeanor charge is from January 2016. The owners of a print shop called me to help them protect their property. Those properties were tools of the trade exempted by law. There was a writ of execution. The police were levying the civil writ of execution in the way police would raid homes on a criminal search warrant. There is a difference. On scene, I had the unfortunate encounter with a police officer, who threw me against the wall and if not for self-defense, I would have suffered a broken arm. At the time, it was purely my willingness to help the family. Because that is what our church teaches us to do - to help our neighbors in need. I won my case. The matter was dismissed back in May 2016.
TFB: The report also noted a suspension from practicing law before the FSM Supreme Court for filing, "misleading and false documents" and for violating an FSM Court order. Do you believe that Congress made a fair assessment of your character and fitness based on this suspension?
YS: No. I first heard of the allegations of misleading and false documents while I sat in the congress chambers this past Thursday, September 28, 2023 when Chairman Urusemal was reading the report. I asked myself, “what is that?” Then I realized it has to do with filing of certificate of service. The claim here is that I said I served on a date, and instead, it shows in the postal mail stamp that the mail was dropped off at the post office on a different date. I explained the situation to court that I do not have any control of how soon the postal service works. I was under the genuine belief that the matter of certificate of service was resolved. When lawyers file certificates of service, they also file amended certificates of service if the service (whether postal or in person) is delayed for unexpected reasons. It has never been much of an issue until an attorney started complaining a few years back. Other lawyers like me received similar complaints on their certificates of service. The matter of service of court filed documents on other parties fall under Rule 5 of the Court Rules of Civil Procedure. Not adhering to Rule 5 is not a felony.
The suspension was to run for 2 months only, May to July of 2022. I appealed, I did my briefing this past February, and am now awaiting a panel for oral argument. I am certain that the suspension can be reversed. The claim was that I advised “person A” not to pay rent to “person B” but to pay rent to “person C” instead. I had Affidavits from “person A” and “person C” that attested to the fact that I never advised “person A” nor “person C” not to pay rent to “person B”. I did not violate that court order because that court order was directed to “person A”, not to me. Once the 2-month suspension is reversed by appellate court, it would be as if I was never suspended. I was helping an elderly widow who asked me for help. I could not abandon what my church and Bible taught me, to help widows.
I also filed a petition for reinstatement. I received an order conditioning reinstatement on satisfactory completion of 2 steps. I met those two conditions.
I have to say, that these complaints made against me in court came from opposing counsel who can qualify as legal missionaries. At that time, I thought those were tactical plays to get me out of cases. I know I disrupted their status quo. I did not know that these nuisance complaints by attorneys against attorneys would come this far.
TFB: We understand that you have filed a complaint against the FSM Congress to stop the special election in Kosrae to fill the still vacant at-large seat. Can you provide a summary of this complaint?
YS: The complaint is lengthy; it is public record. Among other reliefs sought in the complaint, is for the tribunal to find that Congress did not follow Article IX, Section 9 of the of the FSM Constitution, and Title 9, Section 201 on qualifications, and other relevant statutes. That upon a finding that I have met the constitutional and statutory requirements on qualifications (age, residency, citizenship, not under mental incompetency, and no felony conviction), the Kosrae Senator-Elect must be seated in accordance with the law of this country. The application for injunction is to stop the special election scheduled for November.
TFB: During Congress' Regular Session, Day 18, Senator Welly stated on the floor that,
"The wish of the state of Kosrae and its people are being ignored... this is one more reason why Kosrae should look for further political alternatives and to secede from this Federation."
What are your thoughts on this statement by senator Welly?
YS: The last 44 years of how Kosrae has been treated; the mistreatment provides sufficient evidence to why Kosrae is looking for further political alternatives and to secede from this Federation. As the senator-elect from Kosrae, I felt overpowered by 3 members from the other states signing off on a report to extinguish me. As if Kosrae is irrelevant. It is as if Kosrae has become smaller and smaller over the years, like a miniscule dot on the FSM government’s operative map. When an occupant residing in a house has been constantly ignored, disrespected, and treated as if non-existent and irrelevant, we should not be surprised if that occupant wants to move out. The world should not be surprised if Kosrae of the house of FSM wants to move out in search of her own promised land; to build her own brand-new house where they are respected. After all, it is also about what is good for the people, what is good for the state that matters, not only what is good for the country.
TFB: There are public claims that your rejection is motivated by sexism and misogyny. However, Congress has two women: Senator Abello-Alfonso and Senator Konman. Do you believe the claims of sexism/misogyny are in good faith?
YS: Yes, with all due respect, those 2 female senators are occupying the 2-year seat. If seated, I would be occupying the 4-year seat, that may be the difference. I believe it has something to do with the 4-year seat which appeared to have been reserved only for the most elite of the elites. I was surprised when I heard one senator comment on the floor this past session when welcoming the newly seated 4-year senator, “welcome to the elite club.”
TFB: In an interview with former president David Panuelo, Mr. Panuelo mentioned that, "Yoslyn holds politically oppositional views to much of the FSM Congress, including the Executive Branch". Can you elaborate on your "oppositional views" mentioned by Mr. Panuelo?
YS: I questioned this statement too because I don’t know exactly what are the “views” of the FSM Congress that my views are clashing with. The people give each member of congress their seats. Elected senators are the people’s spokespersons and this nation’s lawmakers. If Kosrae sends me to be their representative in Congress, I am expected to represent the views of Kosrae, as their spokesperson, one of the 14 lawmakers of this country.
I also question what exactly are my politically oppositional views? I know that with this past Constitutional Convention, I, like the other delegates, advocated for certain proposed amendments. Those proposals were passed because of the collective work of the delegates.
My views have been to advocate for people, states, nation, and region based on the existing laws and facts of each case I advocated for. All towards respect for the rule of law. That can also mean that I share the Congress’ views.
As a lawyer I took an Oath. I feel responsible for the “quality of justice” in our country.
My views have been, to stand up and advocate for what is right according to the laws of the states, the country, the region and the world if applicable, and most importantly what is right under the laws of God.
TFB: The FSM has famously had a "gentlemen's agreement" for the position of president. The agreement was that the office of president is to be cycled between the four states of the FSM as a point of unity. Congress has elected to skip the state of Kosrae for 3 consecutive terms (8-12 years). What are your thoughts on this?
YS: I noticed when Kosraeans hear the coined-words, “gentlemen’s agreement”, they cringe. They roll their eyes. They ask, “what is that?” To some Kosraeans, the working definition of the gentlemen’s agreement is the non-binding agreement that skipped Kosrae and keeps skipping Kosrae throughout the life of this FSM Constitution. For 40+ years.
It is worth noting that the late, honorable Jacob Nena of Kosrae served as president of the FSM for two years. As the vice president, Jacob Nena filled the seat of the late, honorable Bailey Olter of Pohnpei after he suffered a stroke while president in 1996.
I filed my petition to run for a congressional seat. At the time I filed my petition I was not running for president or vice-president, and I cannot remember a minute spent thinking about a non-binding gentlemen’s agreement.
TFB: Do you believe that Kosrae's claim to the office of president (under the gentlemen’s agreement) affected your nomination to the at-large seat?
YS: The way this question is phrased is what contributed to the problem. I was not “nominated” to the at-large seat. I was “voted” in by the people of Kosrae. Yet, it is as if congress took my case as a confirmation hearing case over a nominee. It is not a nomination-confirmation case.
TFB: Has Vice President Palik voiced his opinion on your rejection?
YS: Not that I know of.
TFB: Do you believe Congress has become too powerful?
YS: Yes. What Congress did to me, was flex their too-powerful muscles.
I started running for Congress June of 2019. It took me 3 runs, a span of 4 years, and a lot of effort and groundwork by supporters to get me elected on July 4, 2023. Yet, it all came down to 3 members of the Credentials Committee signing off on a report prepared by foreign legal missionaries. A report later adopted by 5 other members (3 from Pohnpei, 1 from Yap, 1 from Chuuk, none from Kosrae). What is the balance of power here? That Kosrae does not matter? That these 8 Senators swallowed up the last 4 years of hard work that my people and I put in? That Congress can pick and choose what part of the Constitution, the FSM Code, and the laws of this country to follow, while the rest of the citizens are expected to follow all the laws? That is power by the few.
When I am asked, “how are you?” after Congress refused to seat me, I answer the question with another question, “how is one supposed to feel when she got elected by the people, waited 3 months to get seated, and a group of 7 men and 1 woman voted her down?” That is power by the few.
I got rejected by Congress under the claim of character as the main reason. The first time in 44 years. That would be the first time in history after 44 years of a constitutional government. For Congress to become expert witnesses in assessing character based on a few pages of a report, that is power by the few.
I have had cases in court where character became an issue. In testifying to “character” of a certain person, the ideal witnesses were those that knew the person well. In my case here, it would have been my family that I was born into the past 55 years, the family I married into for the past 28 years, the friends I have had over the years, the island I was raised in, my home state of Kosrae. The few foreign legal missionaries that I hardly know, cannot testify to my character using their arsenal of a report they wrote to advance their war on papers.
TFB: Any statement you'd like to make to the people of FSM?
YS: I ran because of “the people”, and I am now pursuing my case in court because of “the people”. Your right to vote (and choose your representatives) is a fundamental right protected by the FSM Constitution.
On July 4, 2023, the people of Kosrae walked on feet and traveled by cars to many of the polling places to cast their votes. Some requested for confine votes. Absentee voters drove to post offices to drop their ballots in time. Some voters traveled by plane just to cast their votes at off-island polling sites. A beloved nephew of mine, Patrick Sigrah who recently passed away traveled by plane from Texas to Honolulu to cast his vote and to help with the groundwork. There were others like him. A beloved cousin of mine, Satako Etse, who recently passed away, worked hard in helping with the Honolulu votes. There were others like her. I cannot wake up Patrick and Satako, and others that have passed on to cast their votes again in November.
On July 4, 2023, the people of Kosrae spoke. They gave me the plurality vote. Please respect the voice of the people of Kosrae, those present and those gone. This fight I found myself in is huge. I am willing to fight to protect the people’s votes, not only for the people of Kosrae but for all of the FSM. Our right to vote and choose our representative to congress is at stake. If this stands, I as a voter will hesitate to go to the polls to cast my vote knowing that few members of a Credentials Committee can easily throw away my vote at the prompt of a report prepared by people not from my island state. I do not want to give up on my belief (not yet), that we are living under a government of the people, for the people, and by the people.