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Terms Used In 7 Guam Code Ann. § 8107

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
) The Chief Justice, at the request of the Marshal of the Court, may appoint employees of

(1) the Department of Law,

(2) the Department of Revenue & Taxation of the government of
Guam, and

(3) the School Attendance Officers of the Department of
Education as Special Deputy Marshals of the Guam Judiciary.

Such appointments shall be for as long as such employees remain in their employment with their respective departments, unless sooner revoked by the Chief Justice, whichever is earlier.

(b) The School Attendance Officers of the Department of Education shall complete a training program developed and adopted by the Judicial Council, that is pertinent to their appointment, prior to such appointment as Special Deputy Marshals of the Guam Judiciary.

SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 24-139:20 (Feb. 7, 1998), P.L. 27-031:29 (Oct. 31, 2003), P.L. 30-167:2 (July 16, 2010).

2015 NOTE: Subsection designations were added and altered in accordance with the authority granted by 1 Guam Code Ann. § 1606.

COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam
11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-
139 not to have existed at all as a public law because it was Apocket vetoed@ by the Governor. Therefore, this section reverts to the way it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to include the Supreme Court in the power of appointment.

1985 SOURCE: CCP § 198 as modified.

1985 COMMENT: Three modifications here. The first relates to the Department of Administration. It appears from former § 199 that the duties of deputies appointed from the Department of Administration relate to the enforcement of the revenue and

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7 Guam Code Ann. CIVIL PROCEDURES
CH. 8 MINISTERIAL OFFICERS OF THE COURT

tax laws of Guam. These functions are now undertaken by the Department of Revenue and Taxation, not the Department of Administration. Secondly, the appointment had been limited to one year or the length of time the employees are with the Department. Considering former § 199 (this Title § 4308) it appears that employees who leave their respective departments should immediately lose their appointments as special deputy marshals. Finally, the Supreme Court may also make appointments under this section.

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