7 Guam Code Ann. § 5107
Terms Used In 7 Guam Code Ann. § 5107
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Following certification by the subcommittee, the special court may subpoena witnesses, administer oaths, and take testimony relating to the charge and may order the production for examination of any books or papers relative to the charge.
(c) The special court shall set a time and place for a hearing, giving notice to the complainant and the Justice or Judge involved. All parties shall have an opportunity to:
(1) Be heard;
(2) Subpoena witnesses and require the production of any books or papers relating to the proceedings;
(3) Be represented by counsel;
(4) Have the right of cross examination.
All witnesses shall testify under oath and the hearing shall be closed to the public unless the Justice or Judge complained against requests for an open hearing. The special court shall not be bound by the rules of evidence but its findings must be based upon competent and substantial evidence.
2014 NOTE: Judicial discipline is now governed by the Guam Rules of
Judicial Disciplinary Enforcement. See Chapter 5, 2014 Note.
1985 SOURCE: Former CCP § 96.