GCA Title 7, Chapter 3
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 3 SUPREME COURT OF GUAM
INTRODUCTORY NOTE FOR TITLE 7 - JUDICIARY AND CIVIL PROCEDURE
2015 NOTE: The judicial branch of Guam was established on August 1, 1950 by the Organic Act of Guam, codified at 48 U.S.C. § 1424-1. The branch was reorganized pursuant to P.L. 12-085 (Jan. 16, 1974), known as the Court Reorganization Act, with appellate jurisdiction vested in a newly created the Supreme Court of Guam. However, after a legal challenge to P.L. 12-085, the Supreme Court of Guam was abolished when the U.S. Supreme Court determined that the Guam Legislature could not divest the District Court of Guam of appellate jurisdiction and transfer appellate jurisdiction to Supreme Court of Guam. See Guam v. Olsen , 431 U.S. 195 (1977). Subsequent amendments to the Organic Act authorized the Guam Legislature to create an appellate court, and in 1985, legislation was drafted to create Chapters 1 through 10 of Title 7 of the Guam Code Annotated. This draft legislation was eventually enacted into law by P.L. 21-147:2 (Jan. 14, 1993), known as the Frank G. Lujan Memorial Court Reorganization Act of 1992. Although P.L. 21-147:2 expressly stated that it was adding Chapters 1 through 10 of Title 7, the law itself enacted only Chapters 1 through 9. The provisions in the draft version of Chapter 10 were enacted as uncodified provisions; specifically, Sections 1 through 7 of P.L. 21-147. Past print publications of the GCA included annotations from the 1985 draft legislation, which were not included in Bill 102, the draft legislation introduced to the 21st Guam Legislature that was eventually signed into law as P.L. 21147. These annotation s, designated ‘1985 Source’ and ‘1985 Comment,’ have been retained as they provide background information as to the source and legislative drafting history.
CHAPTER 3 SUPREME COURT OF GUAM
SOURCE: Entire Chapter added by P.L. 21-147:2 (Jan. 14, 1993). 2025 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam . ’ Pursuant to 2 GCA § 1101, I Liheslatura/Liheslaturan Guåhan means the ‘Legislature’ / ‘Guam Legislature.’
- § 3101. Judicial Power.
- § 3102. Status of Supreme Court of Guam.
- § 3103. Supreme Court; Composition.
- § 3104. Internal Organization of the Supreme Court.
- § 3105. Jurisdiction of Superior Court.
- § 3106. Compensation.
- § 3106.1. Annual Adjustment of Judges’ Compensation.
- § 3106.2. One Time Adjustment of Judges’ Compensation.
- § 3107. Jurisdiction of the Supreme Court.
- § 3108. Appealable Judgments and Orders.
- § 3109. Nomination, Appointment, Eligibility, and Tenure of Justices and Judges.
- § 3110. Annual Address. [Repealed.]
- § 3111. Pending Appeals.
- § 3112. Office of Public Guardian; Establishment; Appointment.
§ 3101. Judicial Power.
The judicial power of Guam shall be vested in a Supreme Court and a court of general jurisdiction designated the Superior Court. CROSS REFERENCE: See Organic Act of Guam, 48 U.S.C. § 1424-1.
§ 3102. Status of Supreme Court of Guam.
The Supreme Court of Guam shall be the highest court of Guam.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 3 SUPREME COURT OF GUAM
2025 NOTE: In past publications, the following annotation was designated as a ‘Source’; however, it appears to be a comment from the Compiler of Laws. SOURCE: Not in original proposal. Added to later bills to make clear the status of the Supreme Court both with respect to the District Court, now that it is divested of all direct local appellate jurisdiction and to the status of attorneys before the Bar of Guam and other states. Often an attorney must be ’ admitted to practice before the highest court of ’ a jurisdiction in order to qualify for admission elsewhere or for employment.
§ 3103. Supreme Court; Composition.
(a) The Supreme Court of Guam is established pursuant to 22A of the Organic Act of Guam and has such original and appellate jurisdiction as is prescribed by the Organic Act of Guam and by this Title. The Supreme Court shall consist of three (3) full-time Justices who shall be appointed by I Maga’hågan/Maga’låhen Guåhan , subject to the advice and consent of I Liheslatura . Two (2) of the fulltime Justices shall be Associate Justices and one (1) shall be Chief Justice, who shall be selected as provided herein. (b) In addition, I Maga’hågan/Maga’låhen Guåhan may appoint any Federal Judge or any Judge, retired Judge or retired Justice of a court of record in the Commonwealth of the Northern Mariana Islands, the Republic of Palau or the Federated States of Micronesia to sit as an acting Associate Justice. Such appointees shall be referred to as Designated Justices of the Supreme Court of Guam. To be appointed, the individual shall have practiced law, or sat as a Judge, for a total of at least ten (10) years, be a graduate of a law school accredited by the American Bar Association, and, except for residency requirements and practice requirements on Guam, meet all other qualifications for a Justice. An appointment as a Designated Justice shall be for four (4) years and shall expire at the end of such period, unless the Designated Justice is reappointed by I Maga’hågan/Maga’låhen Guåhan . All such appointments are subject to the advice and consent of I Liheslaturan Guåhan , and a Designated Justice may not sit until so confirmed. The Designated Justices shall sit as assigned by the Chief Justice, and while sitting shall have all the powers of an Associate Justice, and shall be paid the same as a part-time Justice, unless some other arrangement has been made by the Chief Justice with the court from which the Designated Justice comes. Designated Justices are entitled to a per diem allowance when traveling away from home on official business for Guam at the rates set for other Associate Justices of Guam. (c) The term Justice as used in this Title refers to all full-time and part-time Justices of the Supreme Court. (d) [Repealed.]
- (e) The term designated justice refers to a Judge or Justice who is qualified by this Title to sit. (f) A Superior Court Judge who is elevated to the Supreme Court of Guam, may sit as a designated Judge of the Superior Court at the direction of the Chief Justice as requested by the Presiding Judge of the Superior Court for the purpose of hearing matters, which were pending before the Justice, immediately prior to his or her elevation from the Superior Court to the Supreme Court. (g) [Repealed.] (h) The first Chief Justice shall be selected by I Maga’hågan/Maga’låhen Guåhan from among her/his confirmed appointees for full-time Justices, to serve as Chief Justice for a three- year term. The selection shall be made and shall be submitted to the Speaker of I Liheslatura . The first Chief Justice shall continue to serve as a Justice of the Supreme Court after his or her tenure as first Chief Justice is complete.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 3 SUPREME COURT OF GUAM
(i) Thereafter, the Chief Justice shall be selected from among the full-time Justices by a majority of all the Justices of the Supreme Court sitting en banc by secret ballot, to serve a three (3) year term commencing at the end of the term of the preceding Chief Justice and continuing until 10:00 o’clock AM on the third Tuesday of January three (3) years hence. (j) No Justice may succeed himself or herself as Chief Justice. (k) When a Chief Justice completes his or her term as Chief Justice, he or she shall continue to sit as a full-time Justice of the Supreme Court, until his or her term as Justice expires. (l) In the event of the absence or disqualification of the Chief Justice, the senior full-time Associate Justice, who is the Justice with the longest years of service in the Supreme Court of Guam, shall act as Chief Justice. (m) In the event of a disqualification, conflict, or recusal, of the Chief Justice in a given matter, the senior full-time Associate Justice shall act as Chief Justice as to that matter in making assignments of Justices and in other procedural matters. If no Justice is available, then one (1) designated Justice shall act as Chief Justice, in order of seniority. (n) Part-time Justices may practice law or do other work, but may not work for, nor represent the government of Guam nor any autonomous agency thereof. (o) In the event that a permanent vacancy occurs in the position of Chief Justice, the remaining Justices shall elect one (1) of their number to fill the unexpired term of the previous Chief Justice. In the event that the remaining term is less than two (2) years, the new Chief Justice may be re-elected notwithstanding paragraph (j) of this section. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (b) amended by P.L. 26-089:4 (May 31, 2002). Subsections (a), (e), (f), (l) and (m) amended, and (d) and (g) repealed by P.L. 27-031:5-6 (Oct. 31, 2003). 2025 NOTE: In subsection (h), r eference to the ‘Governor of Guam’ replaced with I Maga’hågan/Maga’låhen Guåhan pursuant to 5 GCA § 1510 and reference to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101.
§ 3104. Internal Organization of the Supreme Court.
(a) In hearings and determining the merits of cases before it, the Supreme Court shall sit in a threeJustice panel. (b) Decisions Concerning Procedural Matters. As provided by the Court’s Rules, the Supreme Court or any other court with appellate jurisdiction may appropriately delegate to a Justice or Judge or to a panel of the Court the authority to determine procedural matters incident to an appeal and other matters requiring determination pending decision on the merits. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (a) amended by P.L. 27-031:7 (Oct. 31, 2003). 1985 SOURCE: CCP § 61, part of § 62, modified to reflect Supreme Court and new structure of this Title.
§ 3105. Jurisdiction of Superior Court.
The Superior Court shall have original jurisdiction over all causes of action, and, except for those causes exclusively vested in the Supreme Court, may have appellate jurisdiction as may be provided by I Liheslatura . 2025 NOTE: Reference to the ’ Legislature ’ replaced with I Liheslatura pursuant to 2 GCA § 1101.
§ 3106. Compensation.
(a) Until a specific salary is set for the Justices by another statute, the annual salary of the Chief Justice shall be Three Thousand Dollars (2,000) less than the annual salary of the Chief Justice. (b) The hourly salary of a Justice pro tempore shall be the same as the hourly salary of a full-time Associate Justice; provided, that: (1) The total annual amount of salary may not exceed the annual salary of a full-time Justice;
- No Justice pro tempore may be paid for more than forty (40) hours per week; and
- No Justice pro tempore may be paid for more than eight (8) hours per day. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 27-031:8 (Oct. 31, 2003). 2025 NOTE: Subsection designations added and modified pursuant to the authority 1 GCA § 1606.
§ 3106.1. Annual Adjustment of Judges’ Compensation.
(a) Annually, prior to October 1, the Judicial Council may, with reference to Title 7 GCA, Chapter 4, § 4101 (e), adjust the annual compensation of the Judges of the Superior Court, including the Presiding Judge and the Justices of the Supreme Court, for the next fiscal year by an amount not in excess of four percent (4%) more than the previous fiscal year’s annual rate of compensation. (b) Funding requirements for any adjustment approved by the Judicial Council should be contained within its approved fiscal year budget, provided, however, that if the salary adjustments are not directly cited in the budget, then any funding requirements shall be absorbed from its approved fiscal year budget. (c) Funding for a salary increase should be included in the Judicial Council’s annual budget request submitted to I Liheslaturan Guahan . (d) The annual adjustment of the judicial salaries affected pursuant to this § 3106.1 shall take effect and be implemented at the beginning of the subsequent fiscal year following approval by the Judicial Council. SOURCE: Added by P.L. 28-137:4 (July 11, 2006), upon enactment of rules authorized by 7 GCA § 4101(e), pursuant to P.L. 28-137:6. Amended by P.L. 30-061:1 (Nov. 25, 2009). NOTE: P.L. 28137:10 (July 11, 2006) provides: ‘[t]he initial implementation of the salary adjustment procedure provided by Title 7 G.C.A., Division 1, Chapter 3, § 3106.1 as enacted by Section 4 may be accomplished by the Judicial Council prior to October 1, 2006, instead of May 1, 2006, if the Supreme Court has complied with Title 7 G.C.A., Chapter 4, § 4101(e) as added by Section 1.’
§ 3106.2. One Time Adjustment of Judges’ Compensation.
(a) In addition to the increase in compensation provided by enactment of 7 GCA § 3106.1, the annual rate of compensation of judges of the Superior Court shall be adjusted as follows: (1) the annual rate of compensation of judges, except the Presiding Judge, shall increase by Four Thousand Dollars ($4,000). (2) the annual rate of compensation of the Presiding Judge shall be set in accordance with Title 7 G.C.A., Chapter 3 §3106.1(b). (b) The salaries of any public officials that were previously based on the salary of the Presiding Judge or other judges of the Superior Court shall not be affected by the enactment hereof and the salaries of said public officials shall not change unless changed by law.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 3 SUPREME COURT OF GUAM
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 3 SUPREME COURT OF GUAM
SOURCE: Added as an uncodified law by P.L. 28-137:5 (July 11, 2006), effective upon the selection of the Presiding Judge under 4 GCA § 4101(a), pursuant to P.L. 28-137:6. Codified by the Compiler as § 3106.2. NOTE: P.L. 28137:9 provides: ‘[t]he enactment hereof shall not affect the salary of the Presiding Judge until Section 5 [§ 3106.2] is effective.
§ 3107. Jurisdiction of the Supreme Court.
(a) Jurisdiction. The Supreme Court shall have authority to review all justiciable controversies and proceedings, regardless of subject matter or amount involved. (b) Additional Authority. Its authority also includes jurisdiction of original proceedings for mandamus, prohibition, injunction, and similar remedies to protect its appellate jurisdiction. The Supreme Court shall have jurisdiction of all appeals arising from judgments, final decrees, or final orders of the Superior Court in criminal cases and in civil cases and proceedings. The Supreme Court has original and appellate jurisdiction over attorney disciplinary matters including but not limited to admissions, qualification