Terms Used In 7 Guam Code Ann. § 3109

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Statute: A law passed by a legislature.
(a) I Maga’lahen Guåhan [The Governor of Guam], with the advice and consent of I Liheslaturan Guåhan [the Legislature], shall appoint a qualified person to each of the positions of Justice created by this Title; and subject to the advice and consent of I Liheslaturan Guåhan, appoint a qualified person to any vacancy occurring in either the Supreme Court or the Superior Court of Guam, and to any newly created position of Justice or Judge authorized by statute.

The Judicial Council and the Guam Bar Association may each submit a list of qualified nominees for I Maga’lahen Guåhan’s [the Governor’s] consideration. No sitting Judge of the Superior Court of Guam shall be excluded from the pool of nominees for the Supreme Court of Guam.

(b) [Repealed by P.L. 27-31:10]

(c) The Chief Justice and each Associate Justice of the Supreme Court of Guam shall be a United States citizen, a bona-fide resident of Guam for at least five (5) years and shall have been in the active practice of law on Guam for a period of at least ten (10) years before said nomination. The Presiding Judge and each other Judge of the Superior Court of Guam shall be a United States citizen, a bona-fide resident of Guam for at least five (5) years and shall be in the active practice of law on Guam for a period of seven (7) years before said nomination.

(d) No Justice or Judge shall, during the term of office, engage in the private practice of law. No Justice or Judge shall, during the term of office, run for or hold any other office or position of profit under the United States, any State, Guam or any other political subdivision of the United States.

(e) ‘Active practice of law’ includes time spent as a Justice or Judge on
Guam.

(f) Any sitting Justice or Judge residing in the CNMI and admitted to the practice of law in the CNMI shall be eligible to sit on the Bench on the Supreme Court of Guam or the Superior Court of Guam; provided, that the Justices and Judges from Guam are accorded the same reciprocity by the CNMI.

SOURCE: Basic substance from prior law. New qualifications added in P.L. 21-147. Subsection (c) amended by P.L. 22-108:18 (4/1/94) to reduce the number of years required to become a judge. R/R by P.L. 26-89:2. Subsection (b) repealed by P.L. 26-
31:10. Subsection (b) repealed by P.L. 27-31:10.

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7 Guam Code Ann. CIVIL PROCEDURE
CH. 3 SUPREME COURT OF GUAM