7 Guam Code Ann. § 1103
Terms Used In 7 Guam Code Ann. § 1103
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
- 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.
- Statute: A law passed by a legislature.
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7 Guam Code Ann. CIVIL PROCEDURE
CH 1 GENERAL PROVISIONS
(a) Delay. No provisions of this Act [Chapters 1 – 10 of this Title] except § 6112, § 6113, § 6114 and § 6117, shall take effect until May 1, 1993. [Sections] 6112, 6113, 6114 and 6117 shall take effect upon enactment of this Act.
(b) Organization. For purposes of adoption of rules and the establishment of a staffing pattern for the Judicial Branch, this Division, and the remaining portions of Title 7 enacted in this Act shall take effect on May 1, 1993.
(c) Appointment of Justices and Judges. For the purpose of the appointment of Justices and Judges, this Division shall go into effect upon approval by the Legislature of the Rules, as provided in paragraph (d), infra.
(d) Adoption of rules of court. Within thirty (30) days after May 1, 1993, the Chief Justice of the Supreme Court of Guam shall appoint a commission (the Rules Commission) to draft proposed new rules and procedures to govern the operation of the Judicial Branch as reorganized by this Act (the Rules). The Rules Commission shall consist of thirteen (13) members, of whom six (6) shall be sitting Judges of the Superior Court, four (4) shall be attorneys admitted to practice in Guam and members of the Guam Bar Association, and three (3) shall be lay persons who are residents of Guam, citizens of the United States, and of good reputation. At its first sitting, the Rules Commission shall elect a chairperson from among its members, and shall adopt a schedule of public hearings and meetings during which the Rules shall be considered and recommended for adoption. The Superior Court shall furnish personnel and other logistic support to the Rules Commission, which, in addition to the Rules, shall consider and make recommendations on the staffing pattern of the Judicial Branch as reorganized by this Act. When the Rules Commission has concluded its studies and has agreed upon the proposed Rules and staffing pattern, it shall submit the same to the Judicial Council, which shall in turn submit them to the Legislature, without any changes therein, although it may make recommendations to the Legislature thereon. The Rules Commission shall cease to exist thirty (30) days after its submission to the Judicial Council. The Legislature, without the forty-five-day limitation of the Administrative Law (the AAL),
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7 Guam Code Ann. CIVIL PROCEDURE
CH 1 GENERAL PROVISIONS
may, by statute, approve such Rules and staffing pattern or modify them as it deems fit. After the effective date of the Rules and staffing pattern, the Governor shall appoint the Justices and Judges authorized by this Act. Upon the due appointment and confirmation of such Justices and Judges, the Justices, sitting en banc, shall review the Rules and staffing pattern, and may approve or modify the same, which Rules and staffing pattern of the Supreme Court as so adopted by the Justices shall be deemed proposed rules and regulations adopted by an autonomous agency of the government of Guam pursuant to the Administrative Adjudication Law and shall therefore be transmitted to the Legislature which shall consider them in the manner and under the time limitations as set out in the Administrative Adjudication Law.
(e) Hearing appeals. For purposes of hearing appeals and matters within the original jurisdiction of the Supreme Court of Guam, this Title shall take effect upon certification by the Chief Justice to the Governor, to the Judge of the District Court of Guam, and to the Legislature, that the Supreme Court of Guam is fully ready to accept the jurisdiction conferred upon it.
(f) Other matters. Any portions of this Act not dealing with matters covered by subsections (a), (b), (c), (d) or (e) of this § 1103 shall take effect at the same time as is provided in paragraph
(e), supra.
SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993) Subsection (d)
amended by P.L. 23-034:3 (June 28, 1995).
2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Organic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004), references to “”Presiding Judge”” have been changed to “”Chief Justice of the Supreme Court of Guam.”” See 48 U.S.C. § 1424-1(b)(2).