Terms Used In 5 Guam Code Ann. § 30101

  • 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.
(a) The Office of the Attorney General of the government of Guam shall be administered by the Attorney General of Guam, who shall be elected by the people of Guam for a term of four (4) years.

(b) A candidate for the position of Attorney General of Guam shall declare no political party affiliation. Candidates for Attorney General of Guam shall be subject to the same campaign and personal financial reporting requirements as apply to candidates for I Maga’lahen Guåhan [the Governor], as well as all laws pertaining to campaign contributions. No nominating petition shall be required of a candidate for Attorney General of Guam. A candidate for the position of Attorney General of Guam shall file his candidacy with the Guam Election Commission in the manner similar to a candidate for I Maga’lahen Guåhan [the Governor],except as is not consistent with this Section. All qualified candidates complying with the provisions of this Section shall be placed on a separate ballot for the office of Attorney General to be cast at the Primary Election. The two candidates who receive the most votes in the Primary Election shall be certified accordingly by the Election Commission and placed on a separate ballot for the General Election. In the General Election, the candidate receiving the most votes, subject to the qualifications established by this Chapter, shall be certified by the Guam Election Commission as having won election to the position of Attorney General. The Attorney General shall be sworn into and take office on the first Monday of the January following the General Election at which the Attorney General was elected and shall remain in office until the election and swearing in of a new Attorney General, unless removed from Office as provided for in this Section. The Attorney General shall:

(1) be at least thirty (30) years of age;

(2) be a citizen of the United States and a resident of
Guam;

(3) be an active member in good standing of the Guam Bar Association on Guam for at least five (5) years immediately preceding his or her candidacy for Office, or an inactive member of the Guam Bar Association who, in the five (5) years preceding his election as an Attorney General has served as an elected official elected by the people of Guam or as a Public Auditor of Guam, or as a Justice of the Supreme Court of Guam or Judge of the Superior Court of Guam;

(4) not have been convicted of a felony; and

(5) not have been suspended from the practice of law in any jurisdiction for violation of ethical rules governing the practice of attorneys.

(c) The Attorney General of Guam may be removed in the same manner as provided under the Organic Act of Guam for the removal of I Maga’lahen Guåhan [the Governor]. As provided in the Organic Act of Guam, a vacancy in the position of Attorney General shall be filled:(1) by appointment by I Maga’lahen Guåhan [the Governor] if such vacancy occurs less than six (6) months before a General Election for the Office of the Attorney General of Guam; or

(2) by a special election held no sooner than three (3) months after such vacancy occurs, and no later than six (6) months before a general election for Attorney General of Guam, and by appointment by I Maga’lahen Guåhan [the Governor] pending a special election under this Subparagraph.

SOURCE: GC § 7000; amended by P.L. 13-117 (Dec. 27, 1975), P.L. 13-
133:4. Repealed/reenacted by P.L. 25-044:3 (June 9, 1999). Subsection (b) amended by P.L. 28-128:4 (June 27, 2006). Subsection (a) amended by P.L. 29-019:VI:52 (Sept. 29, 2007).