(a) The Chief Justice of the Supreme Court of Guam may appoint such magistrates as are necessary for the proper administration of justice. A magistrate shall be appointed as follows:

(1) Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the position of magistrate;

(2) The Guam Bar Association will then submit the names of three (3) candidates to the Chief Justice;

(3) The Chief Justice must appoint the magistrate from the list provided by the Guam Bar Association.

(4) The appointment by the Chief Justice is subject to the approval of I Liheslaturan Guåhan.

(b) A magistrate shall:

(1) serve a four (4) year term, removable for cause; (2) be at least thirty (30) years of age;
(3) meet the qualifications required of a Superior Court
Judge as articulated by §§ 3109(c), (d) & (e), Title 7, GCA;

(4) be a member in good standing of the Guam Bar
Association;

(5) not have been convicted of any felony or any misdemeanor involving moral turpitude;

(6) not be related by blood within the third degree of consanguinity or marriage to a judge or justice of the courts of Guam at the time of his or her initial appointment;

(7) be subject to the same ethical standards as a Superior Court Judge or Justice, to include the Guam Rules for Judicial Disciplinary Enforcement; and

(8) receive a salary no greater than ninety percent
(90%) of a Judge who is not the Presiding Judge.

(c) As assigned by the Chief Justice, a magistrate shall:

(1) preside over and render decisions and judgments in small claims cases, traffic cases, change of name petitions, and collection cases, and may grant uncontested divorces in cases where there is a notarized consent on file;

(2) enter judgment upon confession of judgment or default judgment in a civil case when a party alleges a sum certain is due;

(3) preside over post-judgment collection proceedings in civil cases and restitution judgments in criminal cases, and issue writs of execution and other orders in such proceedings;
(4) preside over first appearances of criminal defendants and arraignments in criminal cases, set or modify bail and order pre-trial release conditions or detention, take pleas, including accepting guilty pleas in misdemeanor cases, sentencing misdemeanants, and entering judgments accordingly;

(5) issue summons, issue bench warrants, and hear return of warrants in all cases;

(6) preside over any matters which may be heard by a
Referee of the Superior Court of Guam;

(7) serve as a Special Master upon appointment by the Presiding Judge;

(8) serve as Judge Pro Temporare upon appointment by the Chief Justice;

(9) serve as a settlement judge in a civil or domestic case upon appointment by the Presiding Judge;

(10) conduct criminal trial setting hearings;

(11) preside over preliminary hearings in criminal cases, and render decisions and judgments over procedural and discovery motions in criminal matters;

(12) preside over initial scheduling conferences in civil matters, to include, but not limited to: initial pretrial conferences, case scheduling, discovery disputes, motions, and settlement efforts;

(13) preside over unlawful detainer proceedings;

(14) hear and determine any pretrial matter, other than case dispositive motions, and preside over status hearings in all matters;

(15) issue search warrants and issue arrest warrants in all cases;

(16) take grand jury returns; and

(17) solemnize marriages.

(d) The Chief Justice may reappoint a sitting magistrate
without confirmation by I Liheslaturan Guåhan upon a unanimous recommendation of the Judicial Council:

(1) for one (1) additional term of four (4) years; or

(2) until a new magistrate is appointed and duly confirmed, but not to exceed ninety (90) days.

SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (c)
amended by P.L. 31-163:2 (Jan. 4, 2012). Subsection (d) added by P.L.
31-163:2 (Jan. 4, 2012). Subitems (10) through (13) added by P.L. 33-
074:2 (Sept. 15, 2015). Subsection (c) amended by P.L. 35-113:2 (Dec.
11, 2020).

§ 4402. Satellite Courts.

The Chief Justice of the Supreme Court of Guam is hereby authorized to establish a Northern Court Satellite (NCS).

SOURCE: Added by P.L. 29-109:2 (Aug. 26, 2008).

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