Terms Used In 7 Guam Code Ann. § 8105

  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
e Judicial Council shall appoint a Marshal of the Court who shall be subject to removal in accordance with the Personnel Rules and Regulations

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7 Guam Code Ann. CIVIL PROCEDURES
CH. 8 MINISTERIAL OFFICERS OF THE COURT

of the Judicial Branch as promulgated by the Judicial Council. The Marshal of the Court shall receive a salary to be fixed by a general Personnel Rules on compensation. The Judicial Council may assign other duties as necessary to the Chief Probation Officer. The Marshal of the Court may assign deputies and assistants in such number as may be approved by the budget. The appointment, removal and salaries of such deputies and assistants shall be governed by the applicable Personnel Rules and Regulations governing employment practices within the Judicial Branch as promulgated by the Judicial Council.

SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 23-086:5 Apr.
29, 1996).Repealed and reenacted by P.L. 24-139:37 (Feb. 7, 1998). Amended by
P.L. 27-031:27 (Oct. 31, 2003).

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. 23-85:5.

1985 SOURCE: CCP § 196 as modified.

1985 COMMENT: The modification here is to reflect current conditions where there may be more than one deputy marshal of the Superior Court, depending upon the business of the court. The former law indicated that there is to be one deputy marshal. Likewise, this section provides that the salary is to be determined by a general rule on compensation, applicable to all positions within the court system, in much the same manner as 4 Guam Code Ann. § 6201 provides a general scale for executive branch employees.