Chapter 2

7 GCA CIVIL PROCEDURE CH. 2 COURTS OF JUSTICE 1 CHAPTER 2 COURTS OF JUSTICE § 2101. Courts of Justice in General. § 2102. Administration of the Courts of Guam. § 2101. Courts of Justice in General. (a) The Courts of justice of Guam shall consist o f the Supreme Court of Guam and the Superior Court of Guam. The Supreme Court of Guam shall be the highest Court of Guam an d shall have supervisory, but not administrative authority over the Superior Court of Guam and all other local courts in Guam in accor dance with rules and regulations promulgated by the Supreme Court Ju dicial Council. The Supreme Court may, by rules of court, create such divisions of the Supreme and Superior Courts as may be desirable, and may designate which of the divisions of the Sup erior Court are to be courts of record and which shall be courts no t of record; provided, however, that four (4) such divisions of the Superior Court shall continue, one being the Traffic Divisio n, not a court of record; one being the Small Claims Division, not a court of record; a third being the Family Division, a court of record, and the fourth, being the Drug Court, a court of record.

io n, not a court of record; one being the Small Claims Division, not a court of record; a third being the Family Division, a court of record, and the fourth, being the Drug Court, a court of record. The Supre me Court of Guam and the Superior Court of Guam, except for the Traffic and Small Claims Divisions of the Superior Court, are c ourts of record. (b) Whenever the term courts of Guam is used elsewhere in this Title, it shall refer only to courts establish ed by the laws of Guam unless the District Court of Guam is specifica lly mentioned in connection therewith. (c) Establishment of the Guam Veterans Treatment C ourt. (1) Legislative Findings and Intent. I Liheslaturan Guåhan recognizes that veterans, to include active, reser ve and National Guard servicemembers, have provided or are currently providing an invaluable service to our co untry. In so doing, some may suffer the effects of, including bu t not limited to, post traumatic stress disorder, traumatic brain injury, and depression; and may also suffer drug and alcohol de pendency, or addiction and co-occurring mental illness and su bstance COL91920187 GCA CIVIL PROCEDURE CH. 2 COURTS OF JUSTICE 2 abuse problems.

and depression; and may also suffer drug and alcohol de pendency, or addiction and co-occurring mental illness and su bstance COL91920187 GCA CIVIL PROCEDURE CH. 2 COURTS OF JUSTICE 2 abuse problems. As a result of this, some veterans or active duty servicemembers come into contact with the crim inal justice system and are charged with felony or misde meanor offenses. There is a critical need for the criminal justice system to recognize that these veterans may be suffering f rom a mental illness as a direct result of their service to our country, and that appropriate judicial consideration and treatment sh ould be provided to the veteran in the application of justi ce. Therefore, it is the intent of I Liheslaturan Guåhan to realize the establishment of a veterans’ treatment court progra m which would benefit Guam’s veterans, their families, and the island community. (2) Establishment of a Guam Veterans Treatment Cour t. The Judicial Council of the Judiciary of Guam may establish, through a duly adopted resolution, a Guam Veterans Treatment Court program in accordance with the provisions con tained in this Act.

ur t. The Judicial Council of the Judiciary of Guam may establish, through a duly adopted resolution, a Guam Veterans Treatment Court program in accordance with the provisions con tained in this Act. The Guam Veterans Treatment Court may be a separate court of record or a program of a speciali zed treatment court within the Judiciary of Guam. (3) Schedule of Fees for the Guam Veterans Treatmen t Court. The Judicial Council may establish a fee sc hedule to supplement the cost for the conduct and operation o f the Guam Veterans Treatment Court. The creation of such fee s, if deemed necessary, shall be established in accordance with the Administrative Adjudication Act requirements as set forth in law. (d) Establishment of the Guam Adult Reentry Court P rogram. The Judicial Council of the Judiciary of Guam may e stablish through a duly adopted resolution, a Guam Adult Ree ntry Court Program for eligible individuals who are sentenced to a term of imprisonment pursuant to Article 5 of Chapter 80, T itle 9, Guam Code Annotated. The Judiciary of Guam, the Departme nt of Corrections, and the Parole Board may enter into a memorandum of understanding for the purpose of implementing the G uam

r 80, T itle 9, Guam Code Annotated. The Judiciary of Guam, the Departme nt of Corrections, and the Parole Board may enter into a memorandum of understanding for the purpose of implementing the G uam Adult Reentry Court Program, as set forth in the Guam Adu lt Reentry Court (GARC) Program 2016 Strategic Plan and the Pl anning and Implementation Guide. The GARC Program is intended to reduce recidivism, implement evidence-based practices, red uce prison COL91920187 GCA CIVIL PROCEDURE CH. 2 COURTS OF JUSTICE 3 overcrowding, and promote public safety. The Guam A dult Reentry Court may conduct hearings to determine eligibility and to oversee the participation of eligible parolees admitted int o the Program. Participation in GARC Program shall be limited to t hose defendants who meet the requirements as promulgated by the Sup reme Court of Guam. The Judiciary received a three-year federal g rant for FY 2015 through FY 2018 to establish a Guam Adult Reen try Court Program (GARC). Nothing herein requires the Judicia ry to implement GARC if it would result in a need for an increase in local funding for the program or impede the ability of ju dges to address current caseloads under current

ein requires the Judicia ry to implement GARC if it would result in a need for an increase in local funding for the program or impede the ability of ju dges to address current caseloads under current time restrictions o r increase the need for additional judges at the court. The Judicial Co uncil shall report annually to I Liheslatura regarding the performance measurement and program evaluation of this program, as set fort h in the Guam Adult Reentry Court (GARC) Program 2016 Strategic P lan. (e) Establishment of a Driving While Impaired (DWI) Treatment Court. (1) The Supreme Court of Guam may establish a Drivi ng While Impaired Treatment Court (DWI Treatment Court ). (2) Participation in the Driving While Impaired Treatment Court shall be limited to those defendants who meet the legal and clinical requirements in accordance w ith orders as promulgated by the Supreme Court of Guam. (3) Nothing herein requires the Judiciary to implem ent a DWI Treatment Court if it would (A) result in a need for an increase in local fundi ng for the program or (B) impede the ability of judges to address current caseloads under current time restrictions or (C) increase the need for additional judges

need for an increase in local fundi ng for the program or (B) impede the ability of judges to address current caseloads under current time restrictions or (C) increase the need for additional judges at the court. SOURCE: CCP § 51, as enacted by 12-085 (Jan. 16, 1974). Su bsection (a) repealed and reenacted by P.L. 24-139:28 (Feb. 21, 1998). Subsection (c) added by P.L. 26-125:2 (Sept. 4, 2002), and repeale d by operation of law on Sept. 30, 2004 pursuant to P.L. 26-125:9. Subsectio n (a) amended by P.L. 27-031:3 (Oct. 31, 2003). Subsection (d) added by P.L. 32-082:1 (Nov. 27, COL91920187 GCA CIVIL PROCEDURE CH. 2 COURTS OF JUSTICE 4 2013), entitled 'Justice for Veterans Act of 2013 – Guam Veterans Treatment Court'; codified as subsection (c) to adh ere to the Compiler’s general codification scheme in accordance with the authority granted by 1 GCA § 1606. Subsection (d) added by P.L. 34-081:2 ( Feb. 10, 2018). P.L. 34-107:2 (June 5, 2018) added subsection (d), codif ied by the Compiler as subsection (e). 2018 NOTE: Subsection/subitem designations added pursuant to 1 GCA § 1606. 2014 NOTE: The creation of therapeutic drug courts in the Su perior Court of Guam was established by

iler as subsection (e). 2018 NOTE: Subsection/subitem designations added pursuant to 1 GCA § 1606. 2014 NOTE: The creation of therapeutic drug courts in the Su perior Court of Guam was established by P.L. 26-125:2 (Sept. 4, 2002) and provided as follows: (c) There is herein established within the Superio r Court of Guam, a Drug Court which shall have jurisdiction over adult and juvenile offenders charged with drug offenses on Guam. The Drug Court shall have as its goal to provide therapeutic treatment a nd counseling to adult and juvenile offenders under its jurisdiction, to t he greatest extent allowed by Guam law. This provision was repealed by operation of law on Sept. 30, 2004 pursuant to P.L. 26-125:9. The drug court program c ontinued, pursuant to Administrative Order 05-03 (Dec. 29, 2005), wherein the Supreme Court established the Juvenile and Adult Drug Courts as d ivisions of the Superior Court and as courts of record. The Supreme Court of Guam’s authority to establish these divisions was granted by United Sta tes Public Law 108-378 (Oct. 30, 2004), which amended the Organic Act of G uam, and, inter alia ,invested the Supreme Court of Guam with supervisor y jursidiction

divisions was granted by United Sta tes Public Law 108-378 (Oct. 30, 2004), which amended the Organic Act of G uam, and, inter alia ,invested the Supreme Court of Guam with supervisor y jursidiction over the Superior Court and granted the Supreme Court of Guam authority to create divisions of the Superior Court. 2007 COMMENT: In United States Public Law 108-378 (Oct. 30, 2004) , established the Supreme Court as the highest court with supervisory jurisdiction over the Superior Court and all other courts of the Judicial Branch of Guam. This law also repealed the 15 year supervisory period by the Ninth Circuit Court of Appeals and provided for appeals directly to the United States Supreme Court. 1985 COMMENT: In 1974, P.L. 12-85 abolished the jurisdiction of t he Appellate Division of the District Court of Guam an d transferred all local jurisdiction, except for income tax cases placed in the District Court by the Organic Act and cases filed on Guam but arising und er the laws of some other jurisdiction, with the Superior Court. What w as the Island Court was continued as the Superior Court, but as a court of general jurisdiction. However, the U.S.

arising und er the laws of some other jurisdiction, with the Superior Court. What w as the Island Court was continued as the Superior Court, but as a court of general jurisdiction. However, the U.S. Supreme Court, in the case of Territory of Guam v Olsen, (1977) 431 U.S. 195, 97 S.Ct. 1774, held that the Legislature of Guam had no power to abolish the appellate jurisdic tion of the District Court of Guam. The case did not address the issue o f transferring original COL91920187 GCA CIVIL PROCEDURE CH. 2 COURTS OF JUSTICE 5 jurisdiction from the District Court to the Superio r Court. The transfer of all local, original jurisdiction to the Superior Court has remained unchallenged. The proposed Guam Constitution, which failed of rat ification in August of 1978, provided for a Supreme Court of Gua m as the final appellate court on Guam. The relationship between t hat court and the Federal court system was to be established by Congr ess. Because the Constitution failed and the proposed court system n ever came into being. Congress, in the Omnibus Territories Act of 1984 (H R5561) (Oct. 5, 1984), amended the Organic Act (48 U.S.C.A.

. Because the Constitution failed and the proposed court system n ever came into being. Congress, in the Omnibus Territories Act of 1984 (H R5561) (Oct. 5, 1984), amended the Organic Act (48 U.S.C.A. § 1424- 1 through 1424-4) to permit the creation of Aa court of appeals @ for Guam. Appeals from that court are to be handled in the same manner as are a ppeals from the highest court of a state, but for the first fifteen years o f the new court's operation appeals will go to the Ninth Circuit Court of Appea ls instead of directly to the Supreme Court of the United States, but only th rough a Writ of Certiorari. The route of Acertiorari @ was chosen because, ultimately, the relationship between the local courts of Guam and t hose of the United States will be the same as if Guam were a state. But, Cong ress determined that during the first 15 years of the court's existence, the Ninth Circuit, having experience with Guam's cases, should continue heari ng appeals as a transition measure. Still, the scope of their revie w will be restricted in that appeals from the Supreme Court will be at the discretion of the Ninth Circuit, not by right as was the case before the es tablishment of the

ill, the scope of their revie w will be restricted in that appeals from the Supreme Court will be at the discretion of the Ninth Circuit, not by right as was the case before the es tablishment of the Supreme Court of Guam. The purpose of this Chapter and of the whole Act is to create not only a Supreme Court of Guam for appeals and review, but to create a judicial system with the Supreme Court at its head. Therefor e, the Supreme Court of Guam will handle all of those matters customarily h andled by state supreme courts, including attorney admission and discipline , court rules and court administration. Thus, administrative functions of t he courts, formerly lying either with the Judicial Council or the District Co urt of Guam, are placed with the Supreme Court of Guam. COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-139 not to have existed a t all as a public law because it was Apocket vetoed @ by the Governor. Therefore, subsection (a) reverts to its original form since there were no pr ior or later amendments to this subsection. Aff’d , U.S.

as a public law because it was Apocket vetoed @ by the Governor. Therefore, subsection (a) reverts to its original form since there were no pr ior or later amendments to this subsection. Aff’d , U.S. Supreme Court by denial of Petition for Certiorari, 10/7/2002. COMMENT: Public Law 12-85 amended this Section and other se ctions of this Chapter to reflect the establishment of the Su preme Court of Guam. As noted above, the U.S. Supreme Court declared that G uam could not create a Supreme Court to hear appellate cases. However, the Omnibus Territories Act of 1984 permits the creation of the Supreme Cou rt of Guam. It also continues the District Court as part of the Guam ju dicial structure and COL91920187 GCA CIVIL PROCEDURE CH. 2 COURTS OF JUSTICE 6 permits the legislature to not only remove local ju risdiction from that court, but also add local, original, jurisdiction to it. Section 52 CCP, abolishing ecclesiastical tribunals , is deleted from this Chapter because there are now no such tribunal s to be abolished, rendering such section obsolete. In any event, § 5 of the Organic Act (Bill of Rights) would prohibit ecclesiastical tribunals fro m having any secular jurisdiction.

such tribunal s to be abolished, rendering such section obsolete. In any event, § 5 of the Organic Act (Bill of Rights) would prohibit ecclesiastical tribunals fro m having any secular jurisdiction. § 2102. Administration of the Courts of Guam. The Judicial Council shall administer the operation s of the Supreme Court and Superior Court and shall promulga te rules, regulation and policy governing personnel, procurem ent, finance and travel for the Judicial Branch. The Judicial C ouncil shall adopt a unified pay schedule for the employees of the Ju dicial Branch consistent with the Hay Study and Unified Pay Sched ule adopted in 1991, as amended . The Judicial Council shall recommend and submit, under the signature of its Chairperson, the annual budget of the Judicial Branch to I Liheslaturan Guåhan [the Legislature] by the first day of May of each year. SOURCE: Added by P.L. 24-139:25. Added, as amended, by P. L. 27-31:4 to reflect the unified court structure. COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L.

-31:4 to reflect the unified court structure. COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-139 not to have existed a t all as a public law because it was Apocket vetoed @ by the Governor. Therefore, because this section was added by what is no longer a public law , the effect of the decision is that this section ceases to exist. Aff’d , U.S. Supreme Court by denial of Petition for Certiorari, 10/7/2002. ---------- COL9192018