GCA Title 5, Chapter 30
5 GCA GOVERNMENT OPERATIONS CH. 30 ATTORNEY GENERAL
DIVISION 3 LEGAL AND CONSUMER AFFAIRS
CHAPTER 30 ATTORNEY GENERAL
2024 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam’ and I Maga’håga/Maga’låhi means the ‘Governor.’ Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan means the ‘Guam Legislature’ and I Liheslatura means the ‘Legislature.‘
Article 1
Attorney General
Article 2 Legal Fees and Costs for Certain Non-General Fund/Special Fund Supported Activities
ARTICLE 1 ATTORNEY GENERAL
SOURCE: P.L. 13-117:1 (Dec. 27, 1975) enacted a new GC § 5101 that created the Department of Law, and stated that the Attorney General would be the head of the Department of Law and the Chief Legal Officer of the Government of Guam. P.L. 13-117:2 also enacted a new Title VIII of the Government Code, GC § 7000 et seq ., establishing the Department of Law. P.L. 16-072:1 (March 5, 1972) removed prosecutorial functions from the Department of Law and vested these functions in a new Office of the Territorial Prosecutor by adding a new Chapter 2 to Title VIII of the Government Code, GC § 7101 et seq . This public law further provided that ‘if any provision of this Act … is held invalid and the invalidity substantially affects other provisions or applications of the Act, then the provisions of this Act shall not be severable and the entire Act shall expire by operation of law. Provisions of existing statutes repealed or amended by this Act shall then be automatically revived.’ P.L. 16-072:20. Section 7100(b) was found to be inorganic in Territorial Prosecutor v. Superior Court of Guam , D.C. Civ. App. 820215 (D.C. Guam App. Div. May 26, 1983). Because such invalidity substantially affected other provisions of P.L. 16072, this entire public law expired by operation of law, and those statutes that had been repealed or amended by P.L. 16-072 were automatically revived. GC § 7000 et seq . were codified sometime in the early 1990s as Chapter 30 of Title 5 of the Guam Code Annotated. P.L. 24-288 (Oct. 16, 1998) was a second attempt to remove prosecutorial responsibilities from the Office of the Attorney General, by adding a new Chapter 36 to Title 5 GCA that created a new Office of the Public Prosecutor, and amending other provisions in Chapter 30 regarding the Attorney General. Section 2 of this law, which provided for the election of the first Public Prosecutor, stated in its entirety: Section 2. Election of First Public Prosecutor. Notwithstanding any other provision of law, the election of the first Public Prosecutor shall occur at a special election to be conducted by the Guam Election Commission one hundred twenty (120) days after the effective date of this Act. The first Public Prosecutor shall be sworn into office thirty (30) days after the election of the first Public Prosecutor. The first Public Prosecutor shall serve until the election and swearing into office of a new Public Prosecutor, such election to occur at the next General Election during which I Maga’hågan/Maga’låhen Guåhan is elected. Thereafter, the election of the Public Prosecutor shall occur in the manner described in Chapter 36; provided, that in the event that the position of an elective Attorney General is permitted by the Organic Act, no Public Prosecutor shall be elected. Section 2 was effective immediately, and the remainder of P.L. 24-288 was to be effective upon the election and swearing into office of the Public Prosecutor. The election of the Public Prosecutor did not occur, as soon after passage of P.L. 24-288, Congress amended the Organic Act, 48 U.S.C. § 1421g, allowing for an elected Attorney General. P.L. 105-291 (Oct. 27, 1998). Subsequently, P.L. 25-044 (June 9, 1999) was enacted, which repealed P.L. 24-288 and correspondingly, Chapter 36 of Title 5 GCA.
5 GCA GOVERNMENT OPERATIONS CH. 30 ATTORNEY GENERAL
As to the first election of the Attorney General and effective date of the amendments, P.L. 25-044:8 and 9 (June 9, 1999) state: Section 8. Election of the First Elected Attorney General of Guam. Notwithstanding any other provision of law, the election of the first elected Attorney General of Guam shall occur at the next General Election during which I Maga’hågan/Maga’låhen Guåhan is elected. The first elected Attorney General shall be sworn into and take office on the first Monday of the January following the General Election at which the Attorney General was elected and shall remain in office until the election and swearing in of a new Attorney General, unless removed from office as provided for in § 3 of this Act. Section 9. Effective Dates. Section 8 of this Act is effective immediately upon the enactment of this Act. All other Sections are effective upon the election and swearing into office of the first elected Attorney General.
- § 30101. Attorney General.
- § 30101.1. Transition for an Attorney General-elect.
- § 30102. Department of Law, Cognizance.
- § 30103. Common Law Powers of Attorney General.
- § 30104. Attorney General as Public Prosecutor.
- § 30104.1 Special Pay for Prosecutors.
- § 30105. Divisions of Office.
- § 30106. Deputy Attorneys General.
- § 30107. Opinions.
- § 30108. Defense of Judges, Officers and Employees.
- § 30109. Duties.
- § 30110. Abating Public Nuisances.
- § 30111. Attorney General Not to Favor Claims.
- § 30112. Not to Defend Persons Accused of Crime.
- § 30113. Outside Employment Regulated.
- § 30114. Rules and Regulations.
- § 30115. Authorization for the Department of Law to Pursue Maritime Litigation.
- § 30116. Compensation.
- § 30117. Attorney for Mayors’ Council.
- § 30118. Budget and Financial Matters.
- § 30118.1. Fiscal Authority Accounting; Expenditures.
- § 30119. Fees.
- § 30120. Fund.
- § 30121. Administration of General Personnel Matters.
- § 30121.1. Administration of Personnel.
- § 30121.2. Employment.
§ 30101. Attorney General.
(a) The Office of the Attorney General of the government of Guam shall be administered by the Attorney General of Guam, who shall be elected by the people of Guam for a term of four (4) years. (b) A candidate for the position of Attorney General of Guam shall declare no political party affiliation. Candidates for Attorney General of Guam shall be subject to the same campaign and personal financial reporting requirements as apply to candidates for I Maga’hågan/Maga’låhen Guåhan , as well as all laws pertaining to campaign contributions. No nominating petition shall be required of a candidate for Attorney General of Guam. A candidate for the position of Attorney General of Guam shall file his candidacy with the Guam Election Commission no earlier than one hundred sixty (160) days before the general election, and no later than ninety (90) days before the general election. All qualified candidates complying with the provisions of this Section shall be placed on the ballot for the office of Attorney General to be cast at the
5 GCA GOVERNMENT OPERATIONS CH. 30 ATTORNEY GENERAL
General Election. The candidate receiving the most votes, subject to the qualifications established by this Chapter, shall be certified by the Guam Election Commission as having won election to the position of Attorney General. The Attorney General shall be sworn into and take office on the first Monday of the January following the General Election at which the Attorney General was elected and shall remain in office until the election and swearing in of a new Attorney General, unless removed from Office as provided for in this Section. The Attorney General shall:
- be at least thirty (30) years of age;
- be a citizen of the United States and a resident of Guam; (3) be an active member in good standing of the Guam Bar Association on Guam for at least five (5) years immediately preceding his or her candidacy for Office, or an inactive member of the Guam Bar Association who, in the five (5) years preceding his election as an Attorney General has served as an elected official elected by the people of Guam or as a Public Auditor of Guam, or as a Justice of the Supreme Court of Guam or Judge of the Superior Court of Guam;
- not have been convicted of a felony; and (5) not have been suspended from the practice of law in any jurisdiction for violation of ethical rules governing the practice of attorneys. (c) The Attorney General of Guam may be removed in the same manner as provided under the Organic Act of Guam for the removal of I Maga’hågan/Maga’låhen Guåhan . As provided in the Organic Act of Guam, a vacancy in the position of Attorney General shall be filled: (1) by appointment by I Maga’hågan/Maga’låhen Guåhan if such vacancy occurs less than six (6) months before a General Election for the Office of the Attorney General of Guam; or (2) by a special election held no sooner than three (3) months after such vacancy occurs, and no later than six (6) months before a general election for Attorney General of Guam, and by appointment by I Maga’hågan/Maga’låhen Guåhan pending a special election under this Subsection. SOURCE: GC § 7000; amended by P.L. 13-117 (Dec. 27, 1975), P.L. 13-133:4 (Feb. 3, 1976). Repealed and reenacted by P.L. 25-044:3 (June 9, 1999). Subsection (b) amended by P.L. 28-128:4 (June 27, 2006). Subsection (a) amended by P.L. 29-019:VI:52 (Sept. 29, 2007). Subsections (b) and (c) amended by P.L. 37-085:2 (Apr. 3, 2024).
§ 30101.1. Transition for an Attorney General-elect.
For the period following the certification of the election and the swearing-in of the Attorney Generalelect, the incumbent Attorney General, should he or she not be the successful candidate in that election, shall assist the Attorney General-elect in the preparation of his or her new duties. During this transition period, the incumbent Attorney General shall assist the Attorney General-elect in acquainting the latter with the operations of the Office of the Attorney General and all necessary functions that come with holding the office. The incumbent Attorney General shall provide all documents at the request of the Attorney Generalelect necessary for the preparation of Attorney General-elect in assuming office. The Attorney Generalelect, should he or she deem necessary, is authorized to appoint a Committee which shall be of assistance during the transition period between election and assumption of office. No funds shall be appropriated for the purposes of transition. Should an incumbent Attorney General not be successful in an election, all property, equipment, and documents belonging to the Office shall not be removed by the exiting Attorney General. SOURCE: Added by P.L. 29-031:3 (Oct. 25, 2007).
5 GCA GOVERNMENT OPERATIONS CH. 30 ATTORNEY GENERAL
§ 30102. Department of Law, Cognizance.
Notwithstanding any other provision of law, the Attorney General shall have cognizance of all legal matters, excluding the Legislative and Judicial Branches of the government of Guam, involving the Executive Branch of the government of Guam, its agencies, instrumentalities, public corporations, autonomous agencies and the Mayors Council, all hereinafter referred to as ‘agency’. Where any other law permits any agency or autonomous public corporation to retain counsel other than the Attorney General, this shall not preclude said agency or public corporation from requesting the services of the offices of the Attorney General, provided that said agency or autonomous public corporation shall reimburse the Office of the Attorney General for such services from funds of said agency or autonomous public corporation. Said reimbursement shall be deposited in the General Fund and credited to the Office of the Attorney General. In addition, and notwithstanding any other law to the contrary, any agency or autonomous public corporation of the government of Guam may advance funds to the office of the Attorney General for services and incidental travel to be rendered by said office on behalf of said agency or autonomous public corporation. SOURCE: GC § 7001 repealed and reenacted by P.L. 13-117 (Dec. 27, 1975). Amended by P.L. 23-045:IV:15 (Oct. 18, 1995) relative to the Attorney General’s Fund. Amended by P.L. 25:003:IV:19 (Mar. 25, 1999). CROSS-REFERENCE: 5 GCA § 23110. At the time this § 30103 was enacted, a provision similar to that now found in 5 GCA § 23110, limiting agencies’ ability to fund travel for persons not employees of that agency was in effect. Therefore, the final sentence of this Section was placed in P.L. 13-117 to allow attorneys within the Attorney General’s office to have travel paid for by the agencies they serve if the travel is undertaken on behalf of that agency. For instance, prosecuting an appeal for, say, the Department of Public Health and Social Services, would permit the use of their funds for travel, even though the Attorney General’s appropriations for travel may have been exhausted, or not available for that purpose. This section recognizes the fact that much of the case load of the Attorney General, and much of the need for travel, arises out of activity for other agencies of the government. 2013 NOTE: Subsection designation was deleted to adhere to the Compiler’s alpha-numeric scheme in accordance to the authority granted by 1 GCA § 1606.
§ 30103. Common Law Powers of Attorney General.
The Attorney General shall have, in addition to the powers expressly conferred upon him by this Chapter, those common law powers which include, but are not limited to, the right to bring suit to challenge laws which he believes to be unconstitutional and to bring action on behalf of Guam representing the citizens as a whole for redress of grievances which the citizens individually cannot achieve, unless expressly limited by any law of Guam to the contrary. The Attorney General may permit attorneys admitted to private practice in Guam or licensed collection agents to collect accounts or other obligations owing to the government of Guam, or to any agency or instrumentality thereof, if such procedure would be in the interest of the Government and expedite the collection of said account or obligation. Any agency or instrumentality not operating under yearly appropriations from I Liheslatura may retain counsel of its choice for the collection of obligations in the same manner as it may be permitted to retain counsel in other matters as permitted by its enabling legislation. Guam Memorial Hospital may permit the Attorney General or attorneys admitted to private practice in Guam and agents or licensed collection agents to collect accounts or other obligations owing to Guam Memorial Hospital. SOURCE: GC § 7002 repealed and reenacted by P.L. 13-117 (Dec. 27, 1975); amended by P.L. 13-149:9 (June 26, 1976). 2024 NOTE: Reference to the ‘Territory’ replaced with ‘Guam’ pursuant to