GCA Title 7, Chapter 9
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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 9 ATTORNEYS
Article 1 Regulation of Attorneys Article 2 Guam Law Library
2025 NOTE: Pursuant to 5 GCA § 1510, I Maga’håga/Maga’låhi means the ‘Governor.’ Pursuant to 2 GCA § 1101, I Liheslatura / Liheslaturan Guåhan means the ‘Legislature’/‘Guam Legislature.’ 2016 NOTE: Reference to the ‘Territorial Law Library’ changed to ‘Guam Law Library’ pursuant to 1 GCA § 420. 2015 NOTE: Annotations designated ‘1985 Source’ and ‘1985 Comment’ refer to draft legislation, and have been retained to provide background information as to the source and legislative drafting history. See Introductory Note for Title 7 - Civil Procedure. Other annotations included in past publications of the GCA have been updated or deleted, after review for necessity and relevance.
ARTICLE 1 REGULATION OF ATTORNEYS
SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). 2025 NOTE: This Article was originally Chapter 1 of Title XXIX of the Government Code, entitled ‘Admission to Practice’ ( GC § 28000-28008), enacted by P.L. 1-088 (Nov. 29, 1952), which was repealed and reenacted by P.L. 14102 (Feb. 10, 1978), and renamed ‘Guam Integrated Bar Act.’ Public Law 17-062:3 (Aug. 17, 1984) added Chapter 1.5, entitled ‘Attorney Discipline’ (GC § 28050 -28063). Public Law 21-147:2 (Jan. 14, 1993) repealed and reenacted Chapters 1-9 of the Title 7; and enacted § 9103 infra to guide the transition of the authority of the Supreme Court of Guam over attorney discipline and admission, and judicial discipline. Because the Supreme Court has since promulgated rules regarding attorney discipline and admission, and judicial discipline, and to avoid confusion, the Compiler has omitted annotations referring to the transition from formerly adopted rules.
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 9 ATTORNEYS
§ 9101. Regulation of Attorneys.
The Supreme Court shall have the power to govern attorney and judicial ethics, admission to, expulsion from and governance of a Guam bar association; and shall promulgate rules to effectuate that power. 2025 NOTE: The discipline of attorneys is governed by the Guam Rules for Lawyer Disciplinary Enforcement and Disability Proceedings (GRLDEDP), adopted by Promulgation Order No. PRM 21-001-01 (Mar. 16, 2021) and effective August 1, 2021. The GRLDEDP applies to investigations pending and initiated after the effective date; existing matters were governed by previously adopted rules. The admission of attorneys is governed by the Guam Rules Governing Admission to the Practice of Law, adopted by Promulgation Order No. PRM 06-007-01 (Oct. 26, 2006), which superseded previously adopted rules. The discipline of judicial officers is governed by the Guam Rules for Judicial Disciplinary Enforcement, adopted by Promulgation Order No. PRM 06-002-001 (Sep. 6, 2006). 1985 SOURCE: Portion of Art. VI, § 8, proposed Constitution of Guam (1979); modified. 1985 COMMENT: The proposed Constitution of Guam (1979) gave to the Supreme Court the power to govern the activities of attorneys practicing before it in the same way as the power is vested in almost all of the state supreme courts. The rules to be promulgated here are no different from other rules of the Supreme Court and will be promulgated in the same manner.
§ 9102. Integrated Bar Association; Exemption Thereto.
(a) The Supreme Court of Guam may continue, by rule, the requirement contained in this section, that no person is authorized to practice law on Guam, unless that person be a member in good standing of an integrated bar association. If such requirement is continued, then the Bar of Guam is a public body corporate, the membership of which consists of persons who are now or hereafter licensed to practice law on Guam. (b) [No text] (1) Any attorney or counselor at law continuously residing for ten (10) years in the Commonwealth of the Northern Mariana Islands (CNMI) in which the attorney has been admitted to practice law continuously for ten (10) years, who attends any term of the Supreme Court of Guam, Superior Court of Guam or U.S. District Court of Guam for the purpose of trying or participating in the trial or proceedings of any action or proceedings there pending, shall be permitted to try, or participate in the trial or proceedings; provided, that the CNMI, in which the attorney is licensed to practice, likewise grants permission to the members of the Guam Bar Association to act as an attorney for a client in the CNMI under the same terms. (2) All attorneys practicing law on Guam pursuant to this Subsection shall be subject to the jurisdiction of the Supreme Court of Guam for ethics and other matters in accordance with 7 GCA § 9101, and the Supreme Court of Guam shall promulgate rules and regulations to implement this reciprocity program; provided, that a delay in the promulgation of the rules and regulations shall not delay implementation of the reciprocity program, which shall occur in no more than thirty (30) days. SOURCE: GC § 28009. Added by P.L. 21-147:2 (Jan. 14, 1993). Repealed and reenacted by P.L. 26-089:3 (May 31, 2002). 2025 NOTE: The Compiler has added ‘no text’ to indicate a change in formatting only; the content of the provision has not been altered. Subsection designations (b)(1) and (2) added pursuant to the authority of 1 GCA § 1606. 1985 SOURCE: New; see § 28009, Govt. Code.
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1985 COMMENT: In line with transferring governing power over attorneys to the Supreme Court, this section authorized the Supreme Court to continue the requirement that attorneys be members of the association in order to practice law. The power to require membership in a bar association has been much litigated, resulting in the approval of the court ’ s power to make such a requirement. However considering the nature of the courts and our Organic Act, it is more prudent to state such a requirement in law than to assume that the court possesses such power inherently.
§ 9103. Acts Repealed.
Chapters 1 and 1.5 of Title XXIX of the Government Code are repealed. 1985 SOURCE: New section. 1985 COMMENT: Existing law whereby the Legislature created an integrated bar and Ethics Commission is repealed. Those sections of the existing law which are to be continued will be amended and included elsewhere in this Chapter.
§ 9104. Transition Provisions.
Section 9103 of this Chapter shall not take effect until the rules of the Supreme Court authorized in § 9101 and § 9102 of this Chapter have been promulgated. Upon promulgation of the rules described herein, the powers of the Supreme Court over the attorneys and Bar of Guam shall become effective. 1985 SOURCE: New Section. 1985 COMMENT: This section continues existing law, rules and procedures until such time as the Supreme Court is ready to assume its duties under this Chapter. The Supreme Court will, under its rules, provide for the actual procedures for transfer of matters from the Superior Court. There is no need to make such details law.
§ 9105. Fees and Solicitation.
(a) The measure of compensation of persons authorized to practice law is left to the express or implied agreement of the parties, subject to the regulation of the Supreme Court. (b) Any agreement for such compensation or for reimbursement of any expenses incident to the prosecution or defense of any claim by any party is wholly void if such professional employment was solicited by the person authorized to practice law or by any other person acting on his or her behalf or at his or her request, unless the services of such person authorized to practice law on Guam are first requested by such party. Solicitation shall be defined in the same manner as it is defined in the ethical rules applicable to persons authorized to practice law on Guam. 1985 SOURCE: Govt. Code § 28014; modified. 1985 COMMENT: Modified to reflect the power of the Supreme Court and to reflect developments of ’ solicitation ’ and First Amendment rights of attorneys.
§ 9106. Law Enforcement Officers; Assistance.
It is the duty of all Guam law enforcement agencies to aid the Supreme Court and its delegated agents in any investigation of the conduct of persons authorized to practice law in Guam, of the character and fitness of persons who apply for admission to practice law in Guam or reinstatement to the practice of law in Guam, or of persons accused of the unauthorized practice of law in Guam, and to furnish all available information about such individuals. 1985 SOURCE: Govt. Code § 28023; modified to reflect powers of Supreme Court.
§ 9107. Immunity from Liability for Official Action.
Justices of the Supreme Court and those acting pursuant to orders or rules of Court as their employees or agents, including but not limited to members of the Guam Bar Association Ethics Committee, designated Ethics Prosecutors, and their employees or agents, shall not be held liable for any action performed in the course of their official duties undertaken pursuant to this Article relative to the discipline of attorneys and to the unauthorized practice of law.
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SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L.27-031:35 (Oct. 31, 2003). 1985 SOURCE: Govt. Code § 28058 added by P.L. 17-62. Standard 3.10, Immunity, tent. draft, Lawyer Disciplinary and Disability Proceedings, ABA, 1978. 1985 COMMENT: Immunity protects the independent judgment of the Bar of Guam and avoids diverting the attention of its personnel as well as its resources towards resisting collateral attack and harassment. The ABA standard recommends absolute privilege rather than a qualified privilege, because qualified privilege does not protect against harassment made possible by simply alleging malice in a law suit. See Yaselli v. Goff , 12 F.2d (1926), aff ’ d 276 U.S. 503 (1927) [malicious prosecution]; Imbler v Pachtman, 424 U.S. 409 (1976) [civil rights action]. Conduct on the part of personnel which is not authorized or exceeds assigned duty is not protected. Commentary to Standard 3.10 - Immunity, ABA, Tent. draft, 1978.
ARTICLE 2 GUAM LAW LIBRARY
SOURCE: Entire Article originally enacted by P.L. 14-155 (Dec. 18, 1978) as Chapter II of Title XXIX of the Government Code. 2025 NOTE: Past publications included a Compiler’s annotation acknowledg ing that P.L. 21-147 (Jan. 14, 1993) did not expressly include this Article in Chapter 9; nevertheless, P.L. 21-147 did not repeal this Article. Consequently, Article 2 has been included in publications of the GCA. 2016 NOTE: References to the ‘Territorial Law Library’ changed to ‘Guam Law Library’ pursuant to 1 GCA § 420.
§ 9201. Guam Law Library: Chartered; Tax Exempt.
- (a) A nonprofit public corporation, ’ The Guam Law Library, ’ is hereby chartered. (b) The Guam Law Library, as a nonprofit educational corporation, shall be exempt from taxes and licensing requirements under the laws of Guam. SOURCE: GC § 28500. 2025 NOTE: As enacted by P.L. 14-155 (Dec. 18, 1978), this provision was untitled, and a title was added during codification into the GCA. In past publications of the GCA, the phrase ‘non -profit public corporation’ was omitted from subsection (a); this error has been corrected.
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§ 9202. Existence and Function.
(a) There is established in Guam a Board of Law Library Trustees, which governs the Guam Law Library. (b) The first Board of Trustees shall prepare Articles of Incorporation and By-laws for the governing of the Library. The Articles and By-laws shall be filed with the Director of the Department of Revenue and Taxation and the Legislative Secretary and shall become effective upon filing. (c) The Board of Trustees, by majority vote, may appoint a law librarian whose duties, compensation, qualifications and tenure of office shall be determined by the Board. The librarian shall be the administrative head of the law library and shall be responsible to the Board of Law Library Trustees for the administration of personnel and service activities of the Guam Library. SOURCE: GC § 28501. 2025 NOTE: Reference to ‘the territory’ in subsection (a) omitted pursuant to 1 GCA § 420.
§ 9203. Membership of Board: Number of Members; Manner of Appointment.
The Board of the Law Library established in § 9202 of this Chapter shall consist of nine (9) members and shall be constituted as follows: (a) the Chief Justice of the Supreme Court of Guam may appoint himself or herself, or one (1) Associate Justice of the Supreme Court to serve ex officio as a trustee or, in the event a Justice chooses not to so serve, he shall appoint a Law Clerk in the employ of the Court or a member of the Guam Bar to serve as trustee for a term of three (3) years; (b) the Judge of the District Court may appoint himself or herself to serve ex officio as a trustee or, in the event he chooses not to serve, he may appoint a Law Clerk in the employ of the District Co