7 Guam Code Ann. § 5109
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Terms Used In 7 Guam Code Ann. § 5109
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Any Justice or Judge against whom a finding is made by the special court pursuant to § 5107 of this Chapter may appeal such decision in the same manner as a final decision of the Supreme Court in civil cases. Following the judgment of the special court and pending the outcome of the appeal, the Justice or Judge against whom the decision of the special court is given shall be suspended from his or her position without pay; provided, however, that if the adverse judgment is reversed on appeal the Justice or Judge shall be entitled to reinstatement and all back pay accrued during the time of the appeal.
2014 NOTE: Judicial discipline is now governed by the Guam Rules of
Judicial Disciplinary Enforcement. See Chapter 5, 2014 Note.
1985 SOURCE: CCP § 98 added by PL. 11-95, repealed by P.L. 12-85 (Court Reorganization Act). Modified to provide procedure for suspension and reinstatement. Also, the ASpecial Court” is the Supreme Court, so that there is only one court empowered to hear the matter. A judge may petition for review to the 9th Circuit as in civil cases.
1985 COMMENT: This section is modified to reflect the suspension of the judge from duty during his appeal, but allowing for reinstatement and back- pay if the adverse decision is reversed.
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