[108th Congress Public Law 378]
[From the U.S. Government Printing Office]
[DOCID: f:publ378.108]
[[Page 2205]]
GUAM JUDICIAL STRUCTURE
[[Page 118 STAT. 2206]]
Public Law 108-378
108th Congress
An Act
To amend the Organic Act of Guam for the purposes of clarifying the
local judicial structure of Guam. <<NOTE: Oct. 30, 2004 - [H.R.
2400]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. JUDICIAL STRUCTURE OF GUAM.
(a) Judicial Authority; Courts.--Section 22(a) of the Organic Act of
Guam (48 U.S.C. 1424(a)) is amended to read as follows:
``(a)(1) The judicial authority of Guam shall be vested in a court
established by Congress designated as the `District Court of Guam', and
a judicial branch of Guam which branch shall constitute a unified
judicial system and include an appellate court designated as the
`Supreme Court of Guam', a trial court designated as the `Superior Court
of Guam', and such other lower local courts as may have been or shall
hereafter be established by the laws of Guam.
``(2) The Supreme Court of Guam may, by rules of such court, create
divisions of the Superior Court of Guam and other local courts of Guam.
``(3) The courts of record for Guam shall be the District Court of
Guam, the Supreme Court of Guam, the Superior Court of Guam (except the
Traffic and Small Claims divisions of the Superior Court of Guam) and
any other local courts or divisions of local courts that the Supreme
Court of Guam shall designate.''.
(b) Jurisdiction and Powers of Local Courts.--Section 22A of the
Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows:
``Sec. 22A. (a) The Supreme Court of Guam shall be the highest court
of the judicial branch of Guam (excluding the District Court of Guam)
and shall--
``(1) have original jurisdiction over proceedings necessary
to protect its appellate jurisdiction and supervisory authority
and such other original jurisdiction as the laws of Guam may
provide;
``(2) have jurisdiction to hear appeals over any cause in
Guam decided by the Superior Court of Guam or other courts
established under the laws of Guam;
``(3) have jurisdiction to issue all orders and writs in aid
of its appellate, supervisory, and original jurisdiction,
including those orders necessary for the supervision of the
judicial branch of Guam;
``(4) have supervisory jurisdiction over the Superior Court
of Guam and all other courts of the judicial branch of Guam;
[[Page 118 STAT. 2207]]
``(5) hear and determine appeals by a panel of three of the
justices of the Supreme Court of Guam and a concurrence of two
such justices shall be necessary to a decision of the Supreme
Court of Guam on the merits of an appeal;
``(6) make and promulgate rules governing the administration
of the judiciary and the practice and procedure in the courts of
the judicial branch of Guam, including procedures for the
determination of an appeal en banc; and
``(7) govern attorney and judicial ethics and the practice
of law in Guam, including admission to practice law and the
conduct and discipline of persons admitted to practice law.
``(b) The Chief Justice of the Supreme Court of Guam--
``(1) shall preside over the Supreme Court unless
disqualified or unable to act;
``(2) shall be the administrative head of, and have general
supervisory power over, all departments, divisions, and other
instrumentalities of the judicial branch of Guam; and
``(3) may issue such administrative orders on behalf of the
Supreme Court of Guam as necessary for the efficient
administration of the judicial branch of Guam.
``(c) The Chief Justice of the Supreme Court of Guam, or a justice
sitting in place of such Chief Justice, may make any appropriate order
with respect to--
``(1) an appeal prior to the hearing and determination of
that appeal on the merits; or
``(2) dismissal of an appeal for lack of jurisdiction or
failure to take or prosecute the appeal in accordance with
applicable laws or rules of procedure.
``(d) Except as granted to the Supreme Court of Guam or otherwise
provided by this Act or any other Act of Congress, the Superior Court of
Guam and all other local courts established by the laws of Guam shall
have such original and appellate jurisdiction over all causes in Guam as
the laws of Guam provide, except that such jurisdiction shall be subject
to the exclusive or concurrent jurisdiction conferred on the District
Court of Guam under section 22 of this Act.
``(e) The qualifications and duties of the justices and judges of
the Supreme Court of Guam, the Superior Court of Guam, and all other
local courts established by the laws of Guam shall be governed by the
laws of Guam and the rules of such courts.''.
(c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of
Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as
the Supreme Court of Guam,'' after ``appellate court authorized by
section 22A(a) of this Act,''.
(2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d))
is amended--
(A) by inserting ``, which is known as the Supreme Court of
Guam,'' after ``appellate court provided for in section 22A(a)
of this Act''; and
(B) by striking ``taken to the appellate court'' and
inserting ``taken to such appellate court''.
[[Page 118 STAT. 2208]]
SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.
Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is amended
by striking ``: Provided, That'' and all that follows through the end
and inserting a period.
Approved October 30, 2004.
LEGISLATIVE HISTORY--H.R. 2400:
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HOUSE REPORTS: No. 108-638 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 13, considered and passed House.
Oct. 10, considered and passed Senate.
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