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Terms Used In 2 Guam Code Ann. § 3105

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
(a) Jurisdiction. Upon the noncompliance by a witness with a subpoena or subpoena duces tecum issued by a Committee or I Liheslaturan Guåhan, including the failure of a witness to provide all the documents requested by a subpoena duces tecum, the Committee or I Liheslaturan Guåhan shall have the jurisdiction and authority to make a finding of Legislative Contempt against a witness and determine the appropriate action and sanction to impose
(b) Finding Legislative Contempt. Legislative Contempt may be against a Committee or against I Liheslaturan Guåhan itself, both of which shall constitute contempt against I Liheslaturan Guåhan.

(1) Finding Legislative Contempt Against I Liheslaturan Guåhan.In the event that the Speaker or a Member believes a Legislative Contempt has occurred, the Speaker or the Member may apply to the legislative Body during legislative Session, or during the Committee of the Whole for a finding of Legislative Contempt against the witness or an order specifying action(s) to be taken by the witness,

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or both. The Body shall thereafter vote by a majority of its Members for the issuance of a >Citation for Legislative Contempt= (>Citation=) for
the purpose of determining Legislative Contempt and imposing sanctions or crafting an order of compliance, which may include imprisonment, imprisonment until compliance or a fine, or all the sanctions. At that Session the Speaker shall identify when the next Session will be conducted to hear the Citation, thereby affording the witness an opportunity to explain and defend. I Liheslaturan Guåhan may also make specific orders in furtherance of its authority under this Chapter.
The Citation shall summon the witness to appear before I Liheslaturan Guåhan, during a convening of the Committee of the Whole for such purpose, at a specific place and time to answer the Citation. The Citation shall also contain within it a brief description of the facts causing the issuance of the Citation. No notice need be given to the public, except as was announced at the Session authorizing the
Citation=s issuance. The Citation shall also advise the witness of the
potential penalties which may be imposed, including imprisonment or fine, or both, and shall be immediately served by the legislative Sergeant-at-Arms, an Assistant Sergeant-at-Arms, or with the assistance of the Superior Court of Guam Marshals.
At the hearing for Legislative Contempt the witness may have counsel present, shall be heard if the witness chooses, and may answer questions of the Members. After the hearing I Liheslaturan Guåhan shall vote by a two-thirds (2/3) majority of its Members during Session in order to find if Legislative Contempt occurred and impose sanctions, be they imprisonment or fine, or both. I Liheslaturan Guåhan may also craft an order of compliance. The decision(s) of I Liheslaturan Guåhan shall be reduced to a Legislative Resolution during the Session either finding Legislative Contempt and setting forth the remedy, or not. The final determination of Legislative Contempt shall not be appealable in the Superior Court of Guam, however, the Speaker may at any time after the approval of sanctions
rescind said sanctions, at the Speaker=s sole election.

(2) Finding Legislative Contempt Against a Committee. In the event that the Chairperson or a Member of the Committee believes a Legislative Contempt has occurred, the Chairperson or a Committee Member may apply to the Committee for a finding of Legislative

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Contempt against the witness and an order specifying action(s) to be taken by the witness. The Committee shall thereafter vote by a majority of its Members during any hearing for the issuance of a
>Citation for Legislative Contempt= (>Citation=) to find Legislative
Contempt and then impose sanctions or craft an order of compliance, or both. The sanctions may include imprisonment, imprisonment until compliance or a fine, or all the sanctions. At that hearing the Chairperson shall identify when the next hearing will be conducted to hear the Citation, thereby affording the witness an opportunity to explain and defend. The Committee may also make specific orders in furtherance of its authority under this Chapter.

The Citation shall summon the witness to appear before the Committee at a specific place and time to answer the Citation. The Citation shall also contain within it a brief description of the facts causing the issuance of the Citation. The hearing shall be within five (5) calendar days of the Committee hearing authorizing the Citation, and no notice need be given to the public, except as was announced at
the hearing authorizing the Citation=s issuance. The Citation shall also
advise the witness of the potential penalties which may be imposed, including imprisonment or fine, or both, and shall be immediately served by the legislative Sergeant-at-Arms, an Assistant Sergeant-at- Arms, or with the assistance of the Superior Court of Guam Marshals.
At the Committee hearing for Legislative Contempt the witness may have counsel present, shall be heard if the witness chooses, and may answer questions of the Committee Members. After the hearing the Committee shall vote by a two-thirds (2/3) majority of its Members in order to find Legislative Contempt and impose sanctions, be they imprisonment or fine, or both. The Committee may also craft an order of compliance. The decision(s) of the Committee shall be reduced to a Committee resolution either finding Legislative Contempt and setting
forth the Committee=s remedy, or not. A Committee resolution finding
Legislative Contempt shall immediately thereafter be submitted to the Speaker of I Liheslaturan Guåhan and the Chairperson of the Committee on Rules for their discretionary concurrence, and if approved thereafter certified by the Legislative Secretary. The final determination of Legislative Contempt, approved by the Speaker and the Chairperson of the Committee on Rules, shall not be appealable in the Superior Court of Guam, however, the Speaker may at any time

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after the approval of sanctions rescind said sanctions, at the Speaker=s
sole election.
(c) Imposition of Sanctions. In the event of a finding of Legislative Contempt, the certified resolution shall thereafter be filed with the Superior Court of Guam via a Petition which shall include the approved and certified resolution finding Legislative Contempt and identifying the sanction(s) or
legislative order(s), or both. The Petition shall be entitled a >Petition for
Imposing Sanctions for Legislative Contempt,= which shall be a Special
Proceedings case expedited and heard by the Court within five (5) calendar days. Notice shall be given to the witness who was found to be in Legislative Contempt. A judicial bench warrant may be issued for failing to
appear at the court hearing once notice is duly served. The Court=s
jurisdiction shall be limited to only administering the imposition of the sanction(s) or order(s), or both, provided in the resolution, and the Court shall maintain jurisdiction until such time as the sanction(s) or order(s), or both, is completely executed.

The execution of the sanctions imposed under this Section shall include utilizing the assistance of Court=s Marshals and the Department of
Corrections, in coordination with the legislative Sergeant-at-Arms.