Terms Used In 5 Guam Code Ann. § 30109

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Oath: A promise to tell the truth.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
The Attorney General is the public prosecutor and, by himself, a deputy or assistant, shall:

(a) conduct on behalf of the government of Guam the prosecution of all offenses against the laws of Guam which are prosecuted in any of the courts of Guam, the District Court of Guam, and any appeals therefrom;

(b) draw all information, conduct grand jury proceedings, prosecute all recognizances forfeited in the courts and all actions for the recovery of debts, fines, penalties and forfeitures accruing to the government of Guam, except as otherwise provided in this Act;

(c) conduct on behalf of the government of Guam all civil actions in which the government is an interested party; provided that those branches, departments or agencies which

are authorized to employ their own legal counsel may use them instead of the Attorney General;

(d) deliver receipts of money or property received by him in his official capacity and file duplicates thereof with the Director of Administration;

(e) as soon as practical after the receipt of any money in his official capacity, turn the money over to the Director of Revenue and Taxation, and on the first (1st) Monday of each month file with the Director of Administration, an account, verified by his oath, of all monies received by him in his official capacity for the government of Guam during the preceding month;

(f) be diligent in protecting the rights and properties of the government of Guam;

(g) institute by any appropriate action proceedings on behalf of himself or any other public officers (not an employee) to have determined by the courts the validity of any law, rule or regulation of the government of Guam;

(h) prepare and submit annual budgets for approval by
I Liheslaturan Guåhan;

(i) administer federal funds/programs on behalf of the
Office of the Attorney General;

(j) serve as the Office of the Attorney General’s approving authority for the expenditure of funds;

(k) serve as the Office of the Attorney General’s appointing authority for all personnel employed at the Office of the Attorney General, hiring employees from an established list of qualified applicants in accordance with established criteria and assigning, detailing, and transferring employees as the Attorney General deems necessary for the effective operation of the Office of the Attorney General; and

(l) perform such other duties as are required by law.

SOURCE: GC § 7008; repealed and reenacted by P.L. 13-117 (Dec. 27,
1975); subsection (c) amended by P.L. 18-004:5 (Apr. 9, 1985). Subsection (h) repealed and reenacted by P. L. 25-044:4 (June 9, 1999). Amended by P.L. 31-153:2 (Nov. 21, 2011)2012 NOTE: Pursuant to P.L. 24-288:7 (Oct. 16, 1998), subsection (a) would have been repealed and the remaining subsections amended to remove “”any reference to the Attorney General as the Public Prosecutor . .
. upon the election and swearing into office of the first Public Prosecutor””;
however such election never occurred. Accordingly, subsection (a) was never removed from the GCA and amendments to the remaining
subsections were never codified.