(a) The Supreme Court of Guam may continue, by rule, the requirement contained in this section, that no person is authorized to practice law on Guam, unless that person be a member in good standing of an integrated bar association. If such requirement is continued, then the Bar of Guam is a public body corporate, the membership of which consists of persons who are now or hereafter licensed to practice law on Guam.

(b) Any attorney or counselor at law continuously residing for ten (10) years in the Commonwealth of the Northern Mariana Islands (‘CNMI’) in which the attorney has been admitted to practice law continuously for ten (10) years, who attends any term of the Supreme Court of Guam, Superior Court of Guam or U.S. District Court of Guam for the purpose of trying or participating in the trial or proceedings of any action or proceedings there pending, shall be permitted to try, or participate in the trial or proceedings; provided, that the CNMI, in which the attorney is licensed to practice, likewise grants permission to the members of the Guam Bar Association to act as an attorney for a client in the CNMI under the same terms.

All attorneys practicing law on Guam pursuant to this Subsection shall be subject to the jurisdiction of the Supreme Court of Guam for ethics and other matters in accordance with 7 Guam Code Ann. § 9101, and the Supreme Court of Guam shall promulgate rules and regulations to implement this reciprocity program; provided, that a delay in the promulgation of the rules and regulations shall not delay implementation of the reciprocity program, which shall occur in no more than thirty (30) days.

1985 SOURCE: New; see § 28009, Govt. Code.

1985 COMMENT: In line with transferring governing power over attorneys to the Supreme Court, this section authorized the Supreme Court to continue the requirement that attorneys be members of the association in order to practice law. The power to require membership in a bar association has been much litigated, resulting in the approval of the court’s power to make such a requirement. However considering the nature of the courts and our Organic Act, it is more prudent to state such a requirement in law than to assume that the court possesses such power inherently.

SOURCE: (2002) Repealed/reenacted by P.L. 26-89:3 relative to certain reciprocity with the CNMI.