Chapter 11

12 GCA AUTONOMOUS AGENCIES CH. 11 PUBLIC DEFENDER SERVICE CORPORATION ACT 1 CHAPTER 11 PUBLIC DEFENDER SERVICE CORPORATION ACT § 11101. Short Title. § 11102. Definitions. § 11103. Establishment. § 11104. Duties: Criminal Cases. § 11104.1. Public Defender Assistance in Connection with Recovery and Probate of Land Claims Awards. § 11105. Same: Civil Matters. § 11106. Powers. § 11107. Board of Trustees. § 11108. Director. § 11109. Personnel. § 11110. Employment. § 11111. Attorneys. § 11112. Employees. § 11113. Fiscal Authority Accounting; Expenditures. § 11113.1. Lapses. § 11114. Transfer of Property. § 11115. Federal Landtakings: Legal Aid and Assista nce. § 11116. Same: No Charge for Costs and Services. § 11101. Short Title. This Chapter may be cited as the Public Defender Service Corporation Act of 1975. SOURCE: § 60000 GC, as enacted by P.L. 13-051. § 11102. Definitions. (a) Corporation means the Public Defender Service Corporation. (b) Board means the Board of Trustees of the Public Defender Service Corporation. (c) Director means the Director of the Public Defender Service Corporation. SOURCE: § 60001 GC, as enacted by P.L. 13-051. COL9/7/202112 GCA AUTONOMOUS AGENCIES CH.

blic Defender Service Corporation. (c) Director means the Director of the Public Defender Service Corporation. SOURCE: § 60001 GC, as enacted by P.L. 13-051. COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 11 PUBLIC DEFENDER SERVICE CORPORATION ACT 2 § 11103. Establishment. In order to provide effective legal aid and assist ance to those persons in Guam who are unable to afford coun sel, there is created a public corporation to be known as Public Defender Service Corporation. SOURCE: § 60002 GC, as enacted by P.L. 13-051. § 11104. Duties: Criminal Cases. It shall be the duty of the Corporation to defend indigent persons charged in criminal cases before the courts of Guam. The determination of whether a defendant is indigen t and whether his case is to be referred to the Corporati on shall be at the discretion of the judge before whom such defend ant is appearing. The Corporation may assist the judges of the courts of Guam in ruling on cases of indigency and in establi shing criteria for determining when the services of the Corporatio n are appropriate. SOURCE: § 60003 GC, as enacted by P.L. 13-051. § 11104.1.

of Guam in ruling on cases of indigency and in establi shing criteria for determining when the services of the Corporatio n are appropriate. SOURCE: § 60003 GC, as enacted by P.L. 13-051. § 11104.1. Public Defender Assistance in Connection with Recovery and Probate of Land Claims Awards. The Public Defender is authorized to provide legal services in connection with the recovery of settlement share s and probate administration of land claims awards, to persons wh o are unable to obtain the legal services of a private attorney. No such services shall be provided unless the applicant the refor shall have produced proof, in form and substance approved by the Public Defender, that no less than three (3) privat e attorneys have declined to provide the requested services. Th e Public Defender shall not, in any event, represented any p erson who opposes or objects to, or who intends to oppose or object to, an application for payment of a settlement share, a pe tition for letters of administration or for preliminary or fin al distribution, or a petition pursuant to § 4906 of Title 15 of the Guam Code Annotated, the subject of which is a land claims aw ard. SOURCE: Added by P.L.

administration or for preliminary or fin al distribution, or a petition pursuant to § 4906 of Title 15 of the Guam Code Annotated, the subject of which is a land claims aw ard. SOURCE: Added by P.L. 19-034:24:D. § 11105. Same: Civil Matters. COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 11 PUBLIC DEFENDER SERVICE CORPORATION ACT 3 The Corporation shall render legal aid and assista nce to those persons in Guam, who, under rules established by the Corporation, are in the greatest economic and socia l need of legal assistance and representation. The Corporatio n shall not accept fee-generating cases and shall give legal as sistance in civil matters only to those who would otherwise not receive such assistance. The Corporation may apply for, receive, and administer grants, subgrants or enter into intragov ernmental and intergovernmental agreements to provide legal servi ces to elderly individuals, as defined pursuant to local or federa l laws, regulations, or guidelines. The Corporation is auth orized to comply with the requirements of federal grants, sub grants, and intragovernmental and intergovernmental agreements, to include representation of individuals who may qualify for s ervices

th orized to comply with the requirements of federal grants, sub grants, and intragovernmental and intergovernmental agreements, to include representation of individuals who may qualify for s ervices pursuant to the terms of federal grants, subgrants, and intragovernmental and intergovernmental agreements. SOURCE: § 60004 GC, as enacted by P.L. 13-051. Amended by P .L. 36- 019:2 (May 3, 2021). § 11106. Powers. The Corporation has the power to do any and all th ings necessary to further the purposes of this Chapter a nd to perform the duties imposed by §§ 11104, 11105 and 11115. SOURCE: § 60005 GC, as enacted by P.L. 13-051; amended by P.L. 14- 98. § 11107. Board of Trustees. (a) All powers vested in the Corporation, except a s otherwise provided in this Chapter, shall be exerci sed by the Board. The Board shall consist of five (5) Trustee s: the Chief Justice of the Supreme Court of Guam, who shall be Chairman; the Presiding Judge of the Superior Court of Guam w ho shall be Vice-Chairman; the President of the Guam Bar Associ ation; and two (2) members appointed by the Chief Justice of t he Supreme Court of Guam, whose terms shall be for three (3) y ears.

m w ho shall be Vice-Chairman; the President of the Guam Bar Associ ation; and two (2) members appointed by the Chief Justice of t he Supreme Court of Guam, whose terms shall be for three (3) y ears. Neither person appointed by the Chief Justice shall be the Attorney General, or a member of his staff. The Trustees sha ll not be employees of the Corporation. COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 11 PUBLIC DEFENDER SERVICE CORPORATION ACT 4 (b) Three (3) Trustees shall constitute a quorum of the Board for the transaction of all business. Subject to the provi- sions of the Administrative Adjudication Act, the B oard may adopt rules and regulations governing the conduct o f its affairs. SOURCE: § 60006 GC, as enacted by P.L. 13-051. Subsection (a) amended by P.L. 27-104:3. § 11108. Director. The Board shall appoint a Director who shall have at least five (5) years experience in the practice of law. T he Director shall be a member of the classified service. The Di rector shall have the sole responsibility to carry out the purpo ses and duties of the Corporation. SOURCE: § 60007 GC, as enacted by P.L. 13-051. § 11109. Personnel.

f the classified service. The Di rector shall have the sole responsibility to carry out the purpo ses and duties of the Corporation. SOURCE: § 60007 GC, as enacted by P.L. 13-051. § 11109. Personnel. The Director is authorized to appoint a Deputy Dir ector, and such other personnel, and fix their duties, under a nd in accordance with 4 GCA, as may be necessary for purp oses of this Chapter. SOURCE: § 60008 GC, as enacted by P.L. 13-051. § 11110. Employment. (a) Pursuant to the provisions of 4 GCA § 4105 the Board shall establish rules and regulations governing sel ection, promotion, performance evaluation, demotion, suspen sion and other disciplinary action for the employees of the Corporation. (b) Employees of the Corporation shall be members o f the Government of Guam Retirement Fund, subject to the provisions of 4 GCA § 8105, except that for the purposes of Su bsection (a) of said Section, the employees of the Corporation s hall not be considered employees of a 'public corporation,' whe reby their membership in the Fund is optional and membership t herein must be specifically requested.

he employees of the Corporation s hall not be considered employees of a 'public corporation,' whe reby their membership in the Fund is optional and membership t herein must be specifically requested. The Corporation sha ll contribute to the Government of Guam Retirement Fund on the ba sis of annual billings as determined by the Board of Trust ees, Government of Guam Retirement Fund, for the governm ent share of the cost of the retirement benefits applic able to the Corporation’s employees and their beneficiaries. Th e Corpora- COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 11 PUBLIC DEFENDER SERVICE CORPORATION ACT 5 tion shall also contribute to the Workmen’s Compens ation Fund, on the basis of annual billings as determined by th e Workmen’s Compensation Commissioner, for the benefit payments made from such Fund on account of the Corporation’s empl oyees. (c) Notwithstanding any other provision of law, compensation for employees of the Public Defender S ervice Corporation shall be in accordance with the compensation plan set forth in the 'Government of Guam Competitive Wa ge Act of 2014' transmitted to I Liheslaturan Guåhan on January 15, 2014, subject to appropriations from I

in accordance with the compensation plan set forth in the 'Government of Guam Competitive Wa ge Act of 2014' transmitted to I Liheslaturan Guåhan on January 15, 2014, subject to appropriations from I Liheslaturan Guåhan. SOURCE: § 60009 GC, as enacted by P.L. 13-051. Subsection (c) added by P.L. 32-181:VII:II:4 (Sept. 5, 2014). § 11111. Attorneys. The attorneys employed by the Corporation may prac tice before the courts of Guam on the same basis as othe r government attorneys pursuant to § 28002.2 of the G overnment Code. SOURCE: § 60010 GC, as enacted by P.L. 13-051. NOTE: See 7 GCA Chapter 9 and 9A for the latest law on th e practice of law by attorneys working for the Government of Guam . § 11112. Employees. The Director shall be a successor to the Public De fender of Guam. All employees of the Office of the Public Def ender of Guam shall be transferred to the Public Defender Se rvice Corporation. Any person accepting employment under this Section shall receive not less than the straight-time rate of com pensation he was receiving immediately before the transfer date. The other employment benefits and rights, including retiremen t and leave of such transferred employees, shall

raight-time rate of com pensation he was receiving immediately before the transfer date. The other employment benefits and rights, including retiremen t and leave of such transferred employees, shall be governed by the provisions of § 11110 of this Chapter. SOURCE: § 60011 GC, as enacted by P.L. 13-051. § 11113. Fiscal Authority Accounting; Expenditures. (a) There is hereby established a fund to be known as the 'Public Defender Service Corporation Fund,' which s hall be COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 11 PUBLIC DEFENDER SERVICE CORPORATION ACT 6 maintained by the General Administrative Services o f the Judicial Branch separate and apart from other funds of the Government, and independent records and accounts sh all be maintained in connection therewith. Every quarter t he financial statement of the Fund shall be furnished the Guam L egislature. (b) All moneys received by the Corporation, from wh atever source derived, shall be deposited in said Public D efender Service Corporation Fund in eligible banks as defin ed in § 6311 of the Government Code. (c) All expenditures shall be made from said Public Defender Service Corporation Fund.

n said Public D efender Service Corporation Fund in eligible banks as defin ed in § 6311 of the Government Code. (c) All expenditures shall be made from said Public Defender Service Corporation Fund. (d) The Board shall adopt and maintain a uniform sy stem of accounting. SOURCE: § 60012 GC, as enacted by P.L. 13-051. § 11113.1. Lapses. The Public Defender Service Corporation shall be a llowed to carry over all lapses from fiscal year to fiscal year, beginning with Fiscal Year 2000, notwithstanding any other pr ovisions of law, or administrative provisions in public laws se tting forth each fiscal year =s budget. This provision shall remain in effect in all budgets hereafter, unless specifically amended or r epealed by subsequent legislation. The language, notwithstand ing any other provision of law, shall not constitute a specific r epeal of this provision. SOURCE: Added by P.L. 25-176:14. § 11114. Transfer of Property. There is transferred to the Corporation all items of property now assigned to the Office of the Public Defender o f Guam. SOURCE: § 60013 GC, as enacted by P.L. 13-051. § 11115. Federal Landtakings: Legal Aid and Assista nce.

e Corporation all items of property now assigned to the Office of the Public Defender o f Guam. SOURCE: § 60013 GC, as enacted by P.L. 13-051. § 11115. Federal Landtakings: Legal Aid and Assista nce. Notwithstanding the provisions of § 11105 of this Title, the Public Defender Corporation shall assist and repres ent in court or otherwise persons who have apparently valid clai ms under §204 (relating to federal landtakings) of the Terri torial Omnibus COL9/7/202112 GCA AUTONOMOUS AGENCIES CH. 11 PUBLIC DEFENDER SERVICE CORPORATION ACT 7 Act of 1977 (H.R. 6550). The Corporation shall rend er legal aid and assistance to any person who qualifies under th e following guidelines: (a) A family or individual below one hundred fifty percent (150%) of the Community Service Administrat ion’s (CSA) Income Poverty Guidelines adjusted for Guam; (b) A family or individual who is receiving welfare benefits; or (c) A person who has been rejected, in writing, by two (2) private practicing members of the Guam Bar. SOURCE: § 60014 GC, as added by P.L. 14-98. 2014 NOTE: Subsection designations were altered to adhere to t he Compiler’s alpha-numeric scheme pursuant to the aut hority granted by 1 GCA §

e Guam Bar. SOURCE: § 60014 GC, as added by P.L. 14-98. 2014 NOTE: Subsection designations were altered to adhere to t he Compiler’s alpha-numeric scheme pursuant to the aut hority granted by 1 GCA § 1606. § 11116. Same: No Charge for Costs and Services. The Public Defender Corporation shall not charge c laimants for its general costs or services or require a clai mant to repay any filing fees or other court related fees incurred in the representa- tion of the claimant. The Corporation may require a ssistance from any department or agency of the government of Guam in fulfilling its responsibility pursuant to this Chap ter. SOURCE: § 60015 GC, as added by P.L. 14-98. ---------- COL9/7/2021