Terms Used In 7 Guam Code Ann. § 8106

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • 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 Marshal or his or her deputies shall attend all sessions of the Supreme and Superior Courts, unless excused by a Judge or Justice at whose session the Marshal or Deputy should otherwise attend, and preserve order. He or she shall serve and execute process, writs and orders issued under the laws of Guam by a Court of record when so directed by the Court and for this purpose shall have all the powers conferred by law on the Police Chief of the Guam Police Department and on the Mayors of municipal districts. He or she shall perform such other duties as may be directed by the Judicial Council, or by the Rules and Procedures adopted by the Judicial Council.

1985 SOURCE: CCP § 197 modified.

1985 COMMENT: A clause is added to the first sentence allowing a judge to excuse the marshal or a deputy from attendance at that judge’s session. This is added to that someone does not make attendance of the marshal or deputy a jurisdictional matter upon appeal. (Suggested by Law Revision Commission.) Also references added to include the Supreme Court, which will share marshal services until such time as additional personnel are required.

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

SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (b) added by P.L. 24-
003:2 (Mar. 19, 1997). Repealed and reenacted by P.L. 24-139:38 (Feb. 7, 1998). Amended by P.L. 27-031:28 (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 original enactment as there were no amendments prior to P.L. 24-139. The main difference is to reinstate subsection (b) which was added by P.L. 24-3:2 and to reinstate subsection (a) as it was originally written.

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