7 Guam Code Ann. § 3103
Terms Used In 7 Guam Code Ann. § 3103
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
- 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.
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7 Guam Code Ann. CIVIL PROCEDURE
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Justices and one (1) shall be Chief Justice, who shall be selected as provided herein.
(b) In addition, I Maga’lahen Guåhan [the Governor] may appoint any Federal Judge or any Judge, retired Judge or retired Justice of a court of record in the Commonwealth of the Northern Mariana Islands, the Republic of Palau or the Federated States of Micronesia to sit as an acting Associate Justice. Such appointees shall be referred to as Designated Justices of the Supreme Court of Guam.
To be appointed, the individual shall have practiced law, or sat as a Judge, for a total of at least ten (10) years, be a graduate of a law school accredited by the American Bar Association, and, except for residency requirements and practice requirements on Guam, meet all other qualifications for a Justice. An appointment as a Designated Justice shall be for four (4) years and shall expire at the end of such period, unless the Designated Justice is reappointed by I Maga’lahen Guåhan [the Governor]. All such appointments are subject to the advice and consent of I Liheslaturan Guåhan [Guam Legislature], and a Designated Justice may not sit until so confirmed.
The Designated Justices shall sit as assigned by the Chief Justice, and while sitting shall have all the powers of an Associate Justice, and shall be paid the same as a part-time Justice, unless some other arrangement has been made by the Chief Justice with the court from which the Designated Justice comes. Designated Justices are entitled to a per diem allowance when traveling away from home on official business for Guam at the rates set for other Associate Justices of Guam.
(c) The term Justice as used in this Title refers to all full-time and part- time Justices of the Supreme Court.
(d) [Repealed by P.L. 27-31:6]
(e) The term designated justice refers to a Judge or Justice who is qualified by this Title to sit.
(f) A Superior Court Judge who is elevated to the Supreme Court of Guam, may sit as a designated Judge of the Superior Court at the direction of the Chief Justice as requested by the Presiding Judge of the Superior Court for the purpose of hearing matters, which were pending before the Justice, immediately prior to his or her elevation from the Superior Court to the Supreme Court.
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(g) [Repealed by P.L. 27-31:6.]
(h) The first Chief Justice shall be selected by the Governor of Guam from among his confirmed appointees for full-time Justices, to serve as Chief Justice for a three- year term. The selection shall be made and shall be submitted to the Speaker of the Legislature. The first Chief Justice shall continue to serve as a Justice of the Supreme Court after his or her tenure as first Chief Justice is complete.
(i) Thereafter, the Chief Justice shall be selected from among the full- time Justices by a majority of all the Justices of the Supreme Court sitting en banc by secret ballot, to serve a three (3) year term commencing at the end of the term of the preceding Chief Justice and continuing until 10:00 o’clock AM on the third Tuesday of January three (3) years hence.
(j) No Justice may succeed himself or herself as Chief Justice.
(k) When a Chief Justice completes his or her term as Chief Justice, he or she shall continue to sit as a full-time Justice of the Supreme Court, until his or her term as Justice expires.
(l) In the event of the absence or disqualification of the Chief Justice, the senior full-time Associate Justice, who is the Justice with the longest years of service in the Supreme Court of Guam, shall act as Chief Justice.
(m) In the event of a disqualification, conflict, or recusal, of the Chief Justice in a given matter, the senior full-time Associate Justice shall act as Chief Justice as to that matter in making assignments of Justices and in other procedural matters. If no Justice is available, then one (1) designated Justice shall act as Chief Justice, in order of seniority.
(n) Part-time Justices may practice law or do other work, but may not work for, nor represent the government of Guam nor any autonomous agency thereof.
(o) In the event that a permanent vacancy occurs in the position of Chief Justice, the remaining Justices shall elect one (1) of their number to fill the unexpired term of the previous Chief Justice. In the event that the remaining term is less than two (2) years, the new Chief Justice may be re- elected notwithstanding paragraph (j) of this section.
SOURCE: Completely new composition of the Supreme Court in P.L. 21-147. Subsection (b) amended by P.L. 26-89:4. Subsections (a), (e), (f), (l) and (m) amended by P.L. 27-31:5 as part of the Court unification process. Subsections (d) and (g) repealed by P.L. 27-31:6.
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 3 SUPREME COURT OF GUAM