GCA Title 7, Chapter 7
7 GCA JUDICIARY AND CIVIL PROCEDURE
CH. 7 POWERS OF JUDGES, JUSTICES AND OF THE SUPERIOR COURT
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 7
POWERS OF JUDGES, JUSTICES AND OF THE SUPERIOR COURT
2015 NOTE: Public Law 21-147 (Jan. 14, 1993), known as the Frank G. Lujan Memorial Court Reorganization Act of 1992, added Chapters 1 through 10 of Title 7, GCA and effectuated a complete restructuring of the judicial branch. Title 7 GCA § 1115 repealed sections 1 through 203 of the Code of Civil Procedure, which had established the organization and jurisdiction of the court system. The Source notes have been updated to reflect subsequent changes to each provision. Annotations in this chapter include 1985 Source notes and Comments from the previous Compiler of Laws which were included in past publications of the GCA and have been retained in order to assist with historical legislative research. See 7 GCA § 1101, Compiler Comment.
- § 7101. Powers of a Single Judge.
- § 7102. Sessions of the Superior Court.
- § 7103. Court Administrator.
- § 7104. Clerks.
- § 7105. Proceedings and Records Public.
- § 7106. Civil Liability of a Judge or Justice.
- § 7107. Incidental Powers and Duties of Courts.
- § 7108. Adjournment in Absence of Judge.
- § 7109. Seals of Court.
- § 7110. Judges’ Powers in Chambers.
- § 7111. Powers of Judicial Officers Relative to the Conduct of Proceedings.
- § 7112. Power to Punish for Contempt.
- § 7113. Power to Administer Oaths and Take Acknowledgments.
- § 7114. Proceedings, When Not Affected.
- § 7115. Proceedings to be in the English Language.
- § 7116. Abbreviations and Figures.
- § 7116.1. Expedited Schedule of Discovery.
- § 7117. Means to Carry Jurisdiction into Effect.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 7 POWERS OF JUDGES, JUSTICES AND OF THE SUPERIOR COURT
- § 7118. Disposal of Money Deposited with the Court.
- § 7119. Referees.
- § 7119.1. Same: Assigning Referees.
- § 7120. Copying and Disposition of Court Records. § 7121. Operations Fund for Superior Court and Supreme Courts of Guam.
§ 7101. Powers of a Single Judge.
Except as otherwise provided by law the judicial power of the Superior Court with respect to any action or proceeding may be exercised by a single Judge, who may preside alone and hold a regular or special session of the court at the same time as other sessions held by other Judges. 1985 SOURCE: CCP § 86.
§ 7102. Sessions of the Superior Court.
The Superior Court shall always be open on court days. It shall hold its regular sessions in Hagåtña at times determined by the rules of the Court. Special sessions may be held at such places as the nature of the business may require and upon such notices as the Court orders, pursuant to rules prescribed by the Supreme Court. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L.24-139:18 (Feb. 21, 1998) ( But see Court Decisions annotation below), and P.L. 27-031:21 (Oct. 31, 2003). COURT DECISIONS: Pangelinan v. Gutierrez , 2000 Guam 11 ¶ 8 (’ We find that Bill 495 [designated as P.L. 24139] was pocket vetoed and that the Legislature ’ s subsequent actions did not serve to ratify Bill 495. ’), aff’d by Gutierrez v. Pangelinan , 276 F.3d 539 (9 th Cir. 2002), cert. den. 537 U.S. 825 (Oct. 7, 2002). 1985 SOURCE: CCP § 87 modified to subject the power to rules of the Supreme Court.
§ 7103. Court Administrator.
(a) Superior Court Administrator. The Presiding Judge shall appoint a Superior Court Administrator, who shall serve at his or her pleasure. The Court Administrator shall be responsible for the general supervision of all personnel of the Superior Court other than Judges and their immediate staff; the buildings and grounds assigned to the Superior Court, and any property in the custody of the Court used for the Court’s operation, and shall be responsible for other matters assigned to him or her by the Presiding J udge. The salary of the Court Administrator shall be fixed by the Judicial Council pursuant to general Personnel Rules covering compensation. The Court Administrator may appoint and assign duties to deputies and assistants in such number as may be approved by the budget and necessary for operations. The appointment, assignment, 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. (b) Supreme Court Administrator. The Chief Justice shall appoint a Supreme Court Administrator, who shall serve at his or her pleasure. The Court Administrator shall be responsible for the general supervision of all personnel of the Supreme Court other than Justices and their immediate staff, and any property in the custody of the Court used for the Court’s operation, and shall be responsible for other matters assigned to him or her by the Chief Justice. The salary of the Court Administrator shall be fixed by the Judicial Council pursuant to general Personnel Rules covering compensation. The Court Administrator may appoint deputies and assistants in such number as may be approved by the budget and necessary for operations. The appointment, assignment, 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.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 7 POWERS OF JUDGES, JUSTICES AND OF THE SUPERIOR COURT
(c) Administrator of the Courts. The Judicial Council shall have the authority to appoint an Administrator of the Courts, who shall be responsible for the general supervision of all personnel of the Superior Court of Guam and the Supreme Court of Guam and all its divisions except for Judges, Justices, Referees, and their immediate staff. The salary of the Administrator of the Courts shall be fixed by the Judicial Council pursuant to general Personnel Rules covering compensation. The Administrator shall have all other authorities assigned to the Superior Court Administrator and the Supreme Court Administrator described in Subsections (a) and (b) of this Section and may be assigned other duties as necessary by the Judicial Council. Upon the appointment of the Administrator of the Courts by the Judicial Council, the legal authority creating the positions of the Superior Court Administrator and the Supreme Court Administrator shall expire and the position shall cease to exist. The Administrator of the Courts may appoint deputies and assistants in such number as may be approved by the budget and necessary for operations. 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. 23-086:2 (Apr. 29, 1996), and P.L. 27-031:22 (Oct. 21, 2007). 1985 SOURCE: New section. 1985 COMMENT: This Section is added to conform to the current operating structure of the Superior Court. Court Administrators, having administrative control over the non-judicial matters of the court, are well established in courts of the several states. Recognition has been given in this Section, also, to the fact that the Judiciary operates under personnel rules applicable to it.
§ 7104. Clerks.
(a) Superior Court Clerk. The Presiding Judge shall appoint a Superior Court Clerk who shall be subject to removal by him or her. The Superior Court Clerk may assign deputies and assistants in such numbers as are approved by the budget and necessary for the daily operations of the Superior Court. Such deputies and assistants shall be subject to removal by the Superior Court Administrator pursuant to the Personnel Rules and Regulations of the Judicial Council governing employment practices within the Judicial Branch promulgated by the Judicial Council. The salaries of the Superior Court Clerk and his or her deputies and assistants shall be fixed pursuant to a general Personnel Rule covering compensation. (b) Supreme Court Clerk. The Chief Justice shall appoint a Supreme Court Clerk who shall be subject to removal by him or her. The Supreme Court Clerk may appoint, with the approval of the Judicial Council, such deputies and assistants in such numbers as are necessary for the daily operations of the Supreme Court. Such deputies and assistants shall be subject to removal by the Supreme Court Clerk, pursuant to a Personnel Rules covering compensation. The salaries of such deputies and assistants shall be fixed pursuant to a general Personnel Rules covering compensation. The appointment and removal of the Supreme Court Clerk and of such deputies and assistants shall be subject to the applicable Personnel Rules and Regulations governing employment practices within the Judicial Branch promulgated by the Judicial Council. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 23-086:2 (Apr. 29, 1996), P.L. 24-139:19 (Feb. 21, 1998) ( But see Court Decisions annotation below) and P.L. 27-031:23 (Oct. 31, 2007). COURT DECISIONS: Pangelinan v. Gutierrez , 2000 Guam 11 ¶ 8 (’ We find that Bill 495 [designated as P.L. 24139] was pocket vetoed and that the Legislature ’ s subsequent actions did not serve to ratify Bill 495. ’), aff’d by Gutierrez v. Pangelinan , 276 F.3d 539 (9 th Cir. 2002), cert. den. 537 U.S. 825 (Oct. 7, 2002). 1993 COMMENT: The 1992 Act separated the Supreme Court Clerk from the Superior Court Clerk and made the decision as to the number of deputy clerks a matter for the Clerk of the respective court with the concurrence of the Presiding Judge or Chief Justice, respectively. 1985 SOURCE: CCP § 88, modified.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 7 POWERS OF JUDGES, JUSTICES AND OF THE SUPERIOR COURT
1985 COMMENT: Changes in recognition of fact that the Judicial Commission does not actually supervise the courts. The Court Administrator, as the chief administrator is the one charged with determining the number of deputy clerks and assistants that are required. Of course, this number will be limited by the budget. The final sentence is added to conform to present law and practice wherein the Judiciary has passed quasi-Civil Service personnel rules.
§ 7105. Proceedings and Records Public.
The sessions of every court shall be open to the public, except as otherwise provided by law. The records of every court of justice, except the Family Court when sitting under the Juvenile Court Law (19 GCA Ch. 5), shall be public records and shall be open to the inspection of any resident under the supervision of the clerk of the court during business hours, unless restricted by special order of the court, or of any party in interest. 1985 SOURCE: CCP § 131 as modified. 1985 COMMENT: This Section has been law since the first enactment of the Code of Civil Procedure. This Section has excepted from its provisions the records of the Juvenile Division of the Superior Court, as there are special restrictions upon Juvenile Records covered in Chapter 5 of Title 19 of this Code. Also, the court is permitted to close records to the general public by special order. Obviously, parties to the action will have access to the records as provided by the applicable Rules of Procedure.
§ 7106. Civil Liability of a Judge or Justice.
No Judge or Justice shall be liable in a civil action for damages by reason of any judicial action or judgment rendered by him or her. 1985 SOURCE: § 132 CCP, as modified. 1985 COMMENT: The former phrase ’ in good faith ’ does not give complete immunity required of judges, and permitted by the Supreme Court of the U.S. The phrase ’ in good faith ’ has permitted, in other places, suits against judges if allegations of malice or improper interest are found in the complaint. This phrase, therefore, does not give the protection against actions which must be defended and is deleted here. The American Bar Association recommends the section as it is written here.
§ 7107. Incidental Powers and Duties of Courts.
Each of the courts of Guam shall have power:
- (a) To preserve and enforce order in its immediate presence;
- (b) To enforce order in the proceedings before it, or before all persons empowered to conduct a judicial investigation under its authority;
- (c) To provide for the orderly conduct of proceedings before it or its officers;
- (d) To compel obedience to its judgments, orders and process, and to the orders of a Judge out of court in an action or proceeding pending therein;
- (e) To control in furtherance of justice, the conduct of its ministerial officers and of all other persons in any manner connected with a judicial proceeding before it in every matter appertaining thereto;
- (f) To compel the attendance of persons to testify in an action or proceeding pending therein in the cases and manner provided in