e Presiding Judge for the Superior Court and the Chief Justice for the Supreme Court may appoint and may remove from their respective Courts, pursuant to all applicable Personnel Rules and Regulations of the Judicial Branch as promulgated by the Judicial Council such other officers and personnel as are necessary to carry out the duties of the Courts. If such officers and personnel are appointed to fill new positions or to have duties not already specified in law or in a plan approved by the Judicial Council, no such appointments shall be made or new duties assigned until adoption of such plan by the Judicial Council.

SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 23-086:6 (Apr.
29, 1995). Repealed and reenacted by P.L. 24-139:40 (Feb. 7, 1998). Amended by
P.L. 27-031:34 (Oct. 31, 2003).

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 amendment by P.L. 23-86. The main difference is to permit the Supreme Court to hire personnel.

1985 SOURCE: New Section.

1985 COMMENT: The Superior Court is continually improving its services and, as a result, is developing new positions and requiring new job titles and descriptions for the positions. For instance, the Court has begun a system of requiring community service instead of a traditional sentence of prison or probation. A new office has been established to coordinate this effort, and lately (P.L. 16-15) adopted into law. Therefore, this general section permits the establishment of new positions and persons to fill the positions as new functions and services are developed by the court. However, such is made subject to the supervision of the Supreme Court.