7 Guam Code Ann. § 5101
Terms Used In 7 Guam Code Ann. § 5101
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
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member until such time as a new Supreme Court Justice is nominated, confirmed and seated on the Supreme Court. The Chairperson of the Council shall be the Chief Justice. In the event of absence of the Chief Justice, the senior full-time Associate Justice shall act as Chairperson. At no time shall a designated Justice or Judge or a Justice or Judge pro tempore sit as a member of the Judicial Council.
(b) The Presiding Judge, in his or her absence, or the absence of the other Superior Court Judge, may appoint from among the Judges an alternate to sit on the Judicial Council to ensure an adequate number of members from the Superior Court of Guam.
(c) The term of the member of the Council appointed by the Presiding Judge shall be for three (3) years. If a member is replaced, the replacement member shall only serve out the remaining term of the member replaced.
(d) The quorum of the Council shall be a majority of the sitting members, whether present or not. The vote of a not less than a majority of the sitting members shall be required for any action by the Council.
(e) The Council shall promulgate its own rules for its conduct and operation. Said rules shall include provisions designed to comply with the spirit and intent of 5 Guam Code Ann., Chapter 8, the Open Government Law of Guam.
(f) The Council shall be attached to the Judicial Branch of the government of Guam.
SOURCE: Amended by P.L. 23-86 (4/29/96) to increase number of judges and justices on Council and to remove President of Bar Association. Repealed and reenacted by P.L. 24-139:33. Amended by P.L. 27-31:15 to reflect the integration of the Guam Court system. Also, the Attorney General and the Chairman of the Legislature’s Judiciary Committee (or equivalent) were removed from the Council.
COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez,
2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-139 not to have existed at all as a public law because it was Apocket vetoed@ by the Governor. Therefore, this section reverts to the way it read upon its amendment by P.L. 26-86:1 as there have been no changes in the law since that time. The main difference is that the
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Attorney General is returned to the Judicial Council, as are representatives of the Supreme Court.
(1992) COMMENT: The 1992 Act modifies the 1985 proposed composition of the Council, returning it to its existing membership plus the Chief Justice.
1985 SOURCE: New Section.
1985 COMMENT: The former Judicial Council will cease to exist with the creation of the Supreme Court. The governing functions of the Judicial Council will be assumed by the Supreme Court, as is done in the several states. This Commission [renamed Ajudicial Council@ in 1992 Act] will assume new functions related to the business of the courts, but not governing them.
Both the Attorney General and the Chairperson of the Committee of Federal, Foreign and Legal Affairs of the Legislature (or its successor) remain on this Commission. However, unlike former law, all judges are members of the Commission, as it was before P.L. 12-85. Since the Commission [Council] no longer governs the courts, the problem of separation of powers formerly existing has ceased to exist.