) Each Justice of the Supreme Court shall hold office for a term ending the 31st day of January following the first general election held after the expiration of ten (10) years since his or her appointment or election to office.

(b) Each Judge of the Superior Court shall hold office for a term ending the 31st day of January following the first general election held after the expiration of seven (7) years since his or her appointment or election to office.

(c) (1) No less than sixty (60) days prior to the holding of the general election next preceding the expiration of his or her term of office, any Justice or Judge may file in the office of the Election Commission a declaration of candidacy for election to succeed himself or herself. If a declaration is not filed, the vacancy resulting from the

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expiration of his or her term of office shall be filled by appointment pursuant to 3108 of this Title.

(2) If such a declaration is filed, the name of such Justice or Judge shall be submitted at said next general election on a non-partisan ballot along with any other Justices or Judges seeking retention at the same election, without party designation, reading:

“”Shall [Justice] [Judge] (here insert the name of the Justice or Judge) of the [Supreme Court] [Superior Court] be retained in office? Yes No (Markyour preference).””
(3) If a majority of those voting on the question vote against retaining him or her in office, upon expiration of his or her term of office, a vacancy shall exist which shall be filled by an initial appointment as provided in this Title; otherwise, said Justice or Judge shall, unless removed for cause, be retained in office for a term commencing upon the expiration of his or her existing term of office.

(4) The form of ballot for a Justice or Judge shall be determined as provided in Title 3 Guam Code Ann., and shall meet the same criteria as other election ballots, including those for Voter Verified Paper Ballots.

SOURCE: CCP 91, amended by P.L. 14-2 (Jan. 22, 1977); codified into the Guam Code Annotated by P.L. 21-147 (Jan. 14, 1993); last paragraph, now (c)(4), repealed and added by P.L. 31-255:5 (Dec. 11, 2012).

2012 NOTE: Subsections (c)(1) through (c)(4) numbered by Compiler to harmoniously fit this section.

1985 COMMENT: This section has been changed to provide a longer term (for more stability) in the office of justice of the Supreme Court; and has been changed to reflect the retention of both justices and judges. A final paragraph has been added to permit the Election Commission to determine whether the ballot be paper, paper with electronic counting, or punch-card or other format, as permitted for other ballots under the Election Laws (3 Guam Code Ann.). The Election Commission is permitted to couple the judicial ballot with any other non-partisan ballot or ballots, as they may desire for ease in voting, or to simplify the election counting or for any other reason.

This section is also clarified to make clear that all of the judges seeking retention at any one election appear on the same ballot.

There has been discussion as to whether the prior Code of Civil Procedure permits the appointment of a new presiding judge of the Superior Court, or whether the retention of the presiding judge is a retention in office of presiding judge. This drafter believes that the wording means that the judge is retained in whatever office he holds at the time of the retention election.

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