Chapter 7

7 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 1 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 effectuat ed a complete restructuring of the judicial branch. Title 7 GCA § 1115 repealed sections 1 through 203 of the Code of Civil Procedu re, which had established the organization and jurisdiction of th e court system. The Source notes have been updated to reflect subse quent changes to each provision. Annotations in this chapter incl ude 1985 Source notes and Comments from the previous Compiler of La ws which were included in past publications of the GCA and have been retained in order to assist with historical legisla tive 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.

§ 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. § 7118. Disposal of Money Deposited with the Court. § 7119. Referees. § 7119.1. Same: Assigning Referees. § 7120. Copying and Disposition of Court Records. COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 2 § 7121. Operations Fund for Superior and Supreme Co urts of Guam. § 7101. Powers of a Single Judge. Except as otherwise provided by law the judicial p ower of the Superior Court with respect to any action or pr oceeding may be exercised by a single Judge, who may preside alo ne and hold a regular or

xcept as otherwise provided by law the judicial p ower of the Superior Court with respect to any action or pr oceeding may be exercised by a single Judge, who may preside alo ne 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 d ays. It shall hold its regular sessions in Hagåtña at times determined by the rules of the Court. Special sessions may be hel d at such places as the nature of the business may require and upon such notices as the Court orders, pursuant to rules prescribed by t he Supreme Court. SOURCE: Amended by P.L.24-139:18 (Feb. 7, 1998), and P.L . 27- 031:21 (Oct. 31, 2003). 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, this section reverts to the way it read upon its original enactm ent as there were no amendments prior to P.L. 24-139.

all as a public law because it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the way it read upon its original enactm ent as there were no amendments prior to P.L. 24-139. The main differen ce is to place the power to establish rules in the Supreme Court. 1985 SOURCE: CCP § 87 modified to subject the power to rules of the Supreme Court. § 7103. Court Administrator. (a) Superior Court Administrator. The Presiding Ju dge shall appoint a Superior Court Administrator, who shall s erve at his or her pleasure. The Court Administrator shall be resp onsible for the general supervision of all personnel of the Superio r Court other than Judges and their immediate staff; the building s 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 Pre siding Judge. The salary of the Court Administrator shall be fixe d by the Judicial COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 3 Council pursuant to general Personnel Rules coverin g compensation.

or shall be fixe d by the Judicial COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 3 Council pursuant to general Personnel Rules coverin g compensation. The Court Administrator may appoint a nd 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 with in the Judicial Branch as promulgated by the Judicial Coun cil. (b) Supreme Court Administrator. The Chief Justice shall appoint a Supreme Court Administrator, who shall se rve at his or her pleasure. The Court Administrator shall be resp onsible for the general supervision of all personnel of the Supreme Court other than Justices and their immediate staff, and any pr operty in the custody of the Court used for the Court’s operation , and shall be responsible for other matters assigned to him or he r by the Chief Justice. The salary of the Court Administrator shal l be fixed by the Judicial Council pursuant to general Personnel Rules covering

responsible for other matters assigned to him or he r by the Chief Justice. The salary of the Court Administrator shal l be fixed by the Judicial Council pursuant to general Personnel Rules covering compensation. The Court Administrator may appoint d eputies and assistants in such number as may be approved by the budget and necessary for operations. The appointment, assignme nt, removal and salaries of such deputies and assistants shall be governed by the applicable Personnel Rules and Regulations gove rning employment practices within the Judicial Branch as promulgated by the Judicial Council. (c) Administrator of the Courts. The Judicial Counc il shall have the authority to appoint an Administrator of t he 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, Refe rees, 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 Administ rator shall have all other authorities assigned to the Superior Court Administrator and the

ll be fixed by the Judicial Council pursuant to general Personnel Rules covering compensation. The Administ rator shall have all other authorities assigned to the Superior Court Administrator and the Supreme Court Administrator d escribed 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 Super ior Court Administrator and the Supreme Court Administrator s hall expire COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 4 and the position shall cease to exist. The Administ rator of the Courts may appoint deputies and assistants in such number as may be approved by the budget and necessary for operati ons. The appointment, removal and salaries of such deputies and assistants shall be governed by the applicable Personnel Rules and Regulations governing employment practices within t he Judicial Branch as promulgated by the Judicial Council. SOURCE: Amended by P.L. 23-086:2 (Apr. 29, 1996), and P.L. 27- 031:22 (Oct. 21, 2007). 1985 SOURCE: New section.

ployment practices within t he Judicial Branch as promulgated by the Judicial Council. SOURCE: 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 Ad ministrators, having administrative control over the non-judicial matter s of the court, are well established in courts of the several states. Recogn ition 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 shal l appoint a Superior Court Clerk who shall be subject to remo val by him or her. The Superior Court Clerk may assign deputies a nd assistants in such numbers as are approved by the budget and n ecessary for the daily operations of the Superior Court. Such d eputies and assistants shall be subject to removal by the Super ior Court Administrator pursuant to the Personnel Rules and R egulations of the Judicial Council governing employment practices within the Judicial Branch promulgated by the Judicial Council .

Super ior Court Administrator pursuant to the Personnel Rules and R egulations 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 a ppoint 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 Su preme Court. Such deputies and assistants shall be subject to re moval by the Supreme Court Clerk, pursuant to a Personnel Rules covering compensation. The salaries of such deputies and as sistants shall be fixed pursuant to a general Personnel Rules cove ring COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 5 compensation. The appointment and removal of the S upreme Court Clerk and of such deputies and assistants sha ll be subject to the applicable Personnel Rules and Regulations gove

THE SUPERIOR COURT 5 compensation. The appointment and removal of the S upreme Court Clerk and of such deputies and assistants sha ll be subject to the applicable Personnel Rules and Regulations gove rning employment practices within the Judicial Branch pro mulgated by the Judicial Council. SOURCE: Amended by P.L. 23-086:2 (Apr. 29, 1996), P.L. 24- 139:19(Feb. 7, 1998) and P.L. 27-031:23 (Oct. 32, 2 007). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (Jan. 10, 2002), held P.L. 24-139 not to have existed at all as a public law because it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the way it read after its amendment by P .L. 23-086:2. The main difference is to delete references to the power of the Judicial Council. 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 respect ive court with the concurrence of the Presiding Judge or Chief Justice , respectively. 1985 SOURCE: CCP § 88, modified.

ecision as to the number of deputy clerks a matter for the Clerk of the respect ive court with the concurrence of the Presiding Judge or Chief Justice , respectively. 1985 SOURCE: CCP § 88, modified. 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 on e charged with determining the number of deputy clerks and assista nts that are required. Of course, this number will be limited by the budge t. The final sentence is added to conform to present law and practice wherei n the Judiciary has passed quasi-Civil Service personnel rules. § 7105. Proceedings and Records Public. The sessions of every court shall be open to the pu blic, 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 a nd shall be open to the inspection of any resident under the su pervision of the clerk of the court during business hours, unless re stricted by special order of the court, or of any party in inte rest. 1985 SOURCE: CCP § 131 as modified.

ny resident under the su pervision of the clerk of the court during business hours, unless re stricted by special order of the court, or of any party in inte rest. 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 r ecords of the Juvenile Division of the Superior Court, as there a re 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 gene ral public by special order. COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 6 Obviously, parties to the action will have access t o 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 acti on for damages by reason of any judicial action or judgmen t 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.

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 pe rmitted, in other places, suits against judges if allegations of malice or im proper interest are found in the complaint. This phrase, therefore, does not give the protection against actions which must be defended and is delet ed here. The American Bar Association recommends the section as it is wri tten 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 proceedin gs before it or its officers; (d) To compel obedience to its judgments, orders an d 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 condu ct of its ministerial officers and of all other persons i n any manner

e orders of a Judge out of court in an action or proceeding pending therein; (e) To control in furtherance of justice, the condu ct of its ministerial officers and of all other persons i n any manner connected with a judicial proceeding before it in e very matter appertaining thereto; (f) To compel the attendance of persons to testify in an action or proceeding pending therein in the cases a nd manner provided in this Title and in Titles 8 [Criminal Pr ocedure] and 19 of this Code (Family Court Law); COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 7 (g) To administer oaths in actions or proceedings pending therein, and in all other cases where it ma y be necessary in the exercise of its powers and duties; and (h) To amend and control its process and orders so as to make them conformable to law and justice. 1985 SOURCE: CCP § 133 as amended by P.L. 13-187, Section 24. 1985 COMMENT: Includes reference to new Title designation for the Family Court Act (Title 19). § 7108. Adjournment in Absence of Judge. If no Judge attends on any day appointed for a sess ion of any court, or on the day to which it may have adjourned , before noon, the

ly Court Act (Title 19). § 7108. Adjournment in Absence of Judge. If no Judge attends on any day appointed for a sess ion of any court, or on the day to which it may have adjourned , before noon, the clerk may adjourn the court until the next day and so on from day to day, until the Judge attends or by written o rder directs the court to be adjourned to a day certain fixed in the order, in which case the clerk shall so adjourn it. In case the Jud ge is absent for more than ten (10) days or is disabled or disqualif ied from acting the clerk shall forthwith notify the Chief Justice, or Presiding Judge, or next senior Judge, as appropriate. 1985 SOURCE: CCP § 135, modified to refer to the Presiding Judge . § 7109. Seals of Court. Both the Supreme and Superior Courts shall have sea ls designed pursuant to the provisions of Title 1 of t his Code, which shall be kept by their clerks. The seal of the cour t need be affixed only to writs and process, to certificates of proba te of a will or the appointment of an executor, administrator or guardi an and to the authentication of a copy of a record or other proce eding of the court or of an officer thereof, or of a copy of a d ocument on

r the appointment of an executor, administrator or guardi an and to the authentication of a copy of a record or other proce eding of the court or of an officer thereof, or of a copy of a d ocument on file in the office of the clerk. § 7110. Judges’ Powers in Chambers. A Judge of the Superior Court may hear matters in c hambers as permitted by law or the rules of court. SOURCE: New section: to refer to both law and rules of cou rt. § 7111. Powers of Judicial Officers Relative to the Conduct of Proceedings. COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 8 Every judicial officer shall have the power: (a) To preserve and enforce order in his or her immediate presence and in proceedings before him or her, when he or she is engaged in the performance of off icial duty; (b) To compel obedience to his or her lawful orders as provided in this Title; (c) To compel the attendance of persons to testify in a proceeding before him or her, in the case and manne r provided in this Title; and (d) To administer oaths to persons in a proceeding pending before him or her and in all other cases wh ere it may be necessary in the exercise of his or her

se and manne r provided in this Title; and (d) To administer oaths to persons in a proceeding pending before him or her and in all other cases wh ere it may be necessary in the exercise of his or her powers a nd duties. 1985 SOURCE: CCP § 177; modified to make reference to new Title designations. § 7112. Power to Punish for Contempt. For the effectual exercise of the powers conferred by § 7111, a judicial officer may punish for contempt in the c ases provided in this Title. 1985 SOURCE: CCP § 178 modified to refer to new Title designatio ns. 'Title' changed to 'Code' . CROSS-REFERENCES: See Chapter 34 of this Title. § 7113. Power to Administer Oaths and Take Acknowle dg- ments. Every judicial officer and every clerk of court and his or her deputies shall have power to administer oaths and t o take acknowledgments of deeds and other written instrume nts. SOURCE: CCP § 179 unchanged. 1985 COMMENT: This, and the preceding two sections, refer to Ajudicial officers @ and were found in Chapter 3 of Title 2 of the Code of Civil Procedure. § 7114. Proceedings, When Not Affected. No proceeding in any court of justice, in an action pending therein, shall be affected by a vacancy in the offi

er 3 of Title 2 of the Code of Civil Procedure. § 7114. Proceedings, When Not Affected. No proceeding in any court of justice, in an action pending therein, shall be affected by a vacancy in the offi ce of all or any of the Judges thereof. COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 9 1985 SOURCE: CCP § 184 unchanged. § 7115. Proceedings to be in the English Language. Every written proceeding in a court of justice of G uam shall be in the English language and judicial proceedings shall be conducted, preserved and published in no other; pro vided, however, that with the consent of all parties, coun sel and the court, proceedings may be conducted in the Chamorro langua ge. SOURCE: CCP § 185 changed to allow proceedings in the Cham orro Language when all parties consent. (1992 change) CROSS-REFERENCES: Compare 1 GCA § 706 on the official languages of Guam. § 7116. Abbreviations and Figures. Such abbreviations as are in common use may be used , and numbers may be expressed by figures or numerals in the customary manner. 1985 SOURCE: CCP § 186 unchanged. § 7116.1. Expedited Schedule of Discovery.

reviations as are in common use may be used , and numbers may be expressed by figures or numerals in the customary manner. 1985 SOURCE: CCP § 186 unchanged. § 7116.1. Expedited Schedule of Discovery. At the first hearing before the Superior Court in any action brought under the Every Child is Entitled to an Ade quate Public Education Act, the court may order an expedited sch edule of discovery and pleading, and an expedited schedule a nd trial date for the case, if requested by any party. SOURCE: Added by P.L. 28-045:14, effective, October 1, 2007 , per P.L. 28-045:23. § 7117. Means to Carry Jurisdiction into Effect. When jurisdiction is by law conferred on a court or judicial officer, all the means necessary to carry it into e ffect are also given; and in the exercise of this jurisdiction, if the course of the proceeding be not specifically pointed out by law o r by rules of procedure adopted by the Supreme Court, any suitabl e process or mode of proceedings may be adopted which may appear most conformable to the spirit of this Title. 1985 SOURCE: CCP § 187 unchanged. 1985 COMMENT: See Blas v Talavera, (1963) 318 F.2d 617 regarding judicial notice.

dings may be adopted which may appear most conformable to the spirit of this Title. 1985 SOURCE: CCP § 187 unchanged. 1985 COMMENT: See Blas v Talavera, (1963) 318 F.2d 617 regarding judicial notice. COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 10 § 7118. Disposal of Money Deposited with the Court. When any money is deposited with the clerk of any c ourt pursuant to any action or proceeding in such court, or pursuant to any order, decree or judgment of the court, and to which the government of Guam is to have title, or when any mo ney is to be paid to the Treasurer of Guam pursuant to any provi sion of this Title, such money shall be forthwith deposited with such Treasurer and the duplicate receipt of the Treasure r thereof shall be filed with the Director of Administration and ev idence of such duplicate receipt that has been so filed shall be n ecessary before the clerk or party required to deposit such money s hall be entitled to a discharge of the obligation imposed upon him o r her to make such deposit. When any money so deposited is to be withdrawn or paid out, the order directing such payment or withd rawal shall require the

ischarge of the obligation imposed upon him o r her to make such deposit. When any money so deposited is to be withdrawn or paid out, the order directing such payment or withd rawal shall require the Director of Administration to draw his or her warrant therefor and the Treasurer to pay the same, subject to the approval of the Governor of Guam of such warrant. Whenever any funds are deposited with the clerk of a court pursuant to any action or proceeding in such court, or pursuant to any order, decree or judgment of such court, and th e title to the money does not rest in the government of Guam, the procedure set forth in 672, 673 and 674 of the Code of Civil Proc edure shall be followed. This section shall not be deemed to repeal or affec t in any way § 5311 of this Title dealing with fees payable to the Territorial Law Library, nor with any other law which specifica lly allocates fees to any other source. 1985 SOURCE: CCP § 188 as modified. 1985 COMMENT: This Section is retained from the former Civil Procedure Code with the additional paragraph making reference to fees payable to the Territorial Law Library.

URCE: CCP § 188 as modified. 1985 COMMENT: This Section is retained from the former Civil Procedure Code with the additional paragraph making reference to fees payable to the Territorial Law Library. The Territo rial Law Library was created well after the adoption of this Section (25 years after) and one must assume that any reference to fees in the Territoria l Law Library Act would supersede this Section. Since this Section is being re-enacted as part of a separate Title to a new Code, it is thought appropr iate to add the proviso so that this Section, as re-enacted, will not affec t or supersede the intent of P.L. 14-155. This section should not affect the rec ently passed law dealing with the Judiciary Building Fund. § 7119. Referees. COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 11 The Chief Justice of the Supreme Court of Guam shal l nominate Referees for approval by the Judicial Coun cil as provided in this Title, the Probate Code (Title 15) , Title 19 (Family Court Law) and the applicable rules of proc edure, which Referees may hear cases in more than one division o r Court of the Superior Court of Guam and such Referees are

(Title 15) , Title 19 (Family Court Law) and the applicable rules of proc edure, which Referees may hear cases in more than one division o r Court of the Superior Court of Guam and such Referees are judici al officers pursuant to this Chapter. SOURCE: Amended by P.L. 23-86:3 (4/29/96). Amended by P.L . 27- 031:24 (Oct. 31, 2003). 1985 SOURCE: CCP § 190 as modified. 1985 COMMENT: The only modification of this Section is the refere nce to referees as judicial officers, a reference which is implied in the Code of Civil Procedure. Also reference to Title 19 is made as this is the new location of the law on the Family Division of the C ourt. 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004) , references to 'Presiding Judge' have been changed to 'Chief Justi ce of the Supreme Court of Guam.' See 48 U.S.C. § 1424-1(b)(2). § 7119.1. Same: Assigning Referees. The Chief Justice may assign referees to hear cases in more than one (1) division or court of the Superior Cour t. SOURCE: Added by P.L. 24-135:4 (Feb. 20, 1998). COURT DECISIONS: The Supreme Court, in Pangelinan v.

e may assign referees to hear cases in more than one (1) division or court of the Superior Cour t. SOURCE: Added by P.L. 24-135:4 (Feb. 20, 1998). 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, this section reverts to the way it read upon its original enactm ent as there were no amendments prior to or since P.L. 24-139. No chang e was made as the two public laws were identical. 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004) , references to 'Presiding Judge' have been changed to 'Chief Justi ce.' See 48 U.S.C. § 1424-1(b)(2). § 7120. Copying and Disposition of Court Records. (a) The clerk of the Superior Court and of the Supr eme Court, respectively, may cause any record, paper or docume nt in their care and custody, to be photographed, microphotogra phed, or otherwise reproduced on film or in digitized form.

of the Supr eme Court, respectively, may cause any record, paper or docume nt in their care and custody, to be photographed, microphotogra phed, or otherwise reproduced on film or in digitized form. The storage media shall be durable and the document as recorded shall be one COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 12 which accurately reproduces the original thereof in all material details. (b) Such photograph, or microphotograph, or ditigiz ed reproduction shall be deemed to an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplificat ion, facsimile, or certified copy thereof shall, for all purposes r ecited herein, be deemed to be a transcript, exemplification, facsimi le, or certified copy thereof shall for purposes recited herein, be deemed to be a transcript, exemplification, facsimile, or certifie d copy of the original record. (c) Such photograph, or microphotograph or reproduc tion shall be placed in safe, conveniently accessible fi les, or in safe computer storage, and the clerk shall make provisio ns for preserving the same, and for the

ph, or microphotograph or reproduc tion shall be placed in safe, conveniently accessible fi les, or in safe computer storage, and the clerk shall make provisio ns for preserving the same, and for the public’s examining , copying, and using of the same. The original record, paper, or d ocument shall be preserved or disposed of in accordance with cour t rules of court and policies promulgated by the Supreme Court of Gu am and applicable law. (d) The Supreme Court of Guam may promulgate rules to effectuate this Section; provided, that any existin g rule promulgated by the Supreme Court of Guam shall be d eemed to be in compliance with this Section and no additiona l rules need to be promulgated to enforce this Section SOURCE: Added by P.L. 22-124:3 (May 29, 1994). Amended by P.L. 36-042:2 (July 20, 2021). 2021 NOTE: Pursuant to 1 GCA § 1606, the duplicative term 'of court' was omitted in subsection (c) from the original lan guage ('court rules of court') enacted by P.L. 36-042:2. COMMENT: Section 1 of P.L. 22-124 enacted the following Leg islative Findings & Intent: The Legislature finds that there is a need to enact legislation that would authorize the clerks of the Superior Court

T: Section 1 of P.L. 22-124 enacted the following Leg islative Findings & Intent: The Legislature finds that there is a need to enact legislation that would authorize the clerks of the Superior Court an d of the Supreme Court of Guam to photograph, microfilm or otherwise reproduce on film their court's records. The Legislature further finds that the photographed, microfilmed or reproduced film should be deemed to be an original record for all purposes, including i ntroduction in evidence in all courts or administrative agencies. More importantly, the Legislature finds that the microfilming and dis position of court COL10/29/20217 GCA CIVIL PROCEDURE CH. 7 POWERS OF JUDGES , JUSTICES AND OF THE SUPERIOR COURT 13 records constitute efficient management methods of creating, utilization, maintenance, retention, preservation a nd disposal of judicial records. The Legislature finally finds tha t the records photographed, microfilmed or reproduced on film sha ll be placed in safe, conveniently accessible. files, and that the clerks shall make provision for preserving, examining and using the s ame. § 7121. Operations Fund for Superior Court and Supr eme Courts of Guam.

n safe, conveniently accessible. files, and that the clerks shall make provision for preserving, examining and using the s ame. § 7121. Operations Fund for Superior Court and Supr eme Courts of Guam. (a) There is hereby created a special fund to be kn own as the >Superior Court Operations Fund’ ( AFund @), such fund to be administered by the Court Administrator of the Supe rior Court of Guam. All money appropriated for the operation of t he Superior Court of Guam shall be paid directly to the Fund an d disbursed by the Superior Court of Guam. The certifying officer of the Fund shall be the Court Administrator of the Superior Co urt of Guam. (b) The Superior Court of Guam shall contribute fro m the Superior Court Operations Fund to the Government of Guam Retirement Fund for the government’s share of the c osts of the retirement benefits to the Superior Court of Guam’s employees. (c) There is hereby created a special fund to be kn own as the >Supreme Court Operations Fund’ ( AFund @), such fund to be administered by the Court Administrator of the Supr eme Court of Guam. All money appropriated for the operation of t he Supreme Court of Guam shall be paid directly to the Fund an d

, such fund to be administered by the Court Administrator of the Supr eme Court of Guam. All money appropriated for the operation of t he Supreme Court of Guam shall be paid directly to the Fund an d disbursed by the Supreme Court of Guam. The certifying officer o f the Fund shall be the Court Administrator of the Supreme Cou rt of Guam. (d) The Supreme Court of Guam shall contribute from the Supreme Court Operations Fund to the Government of Guam Retirement Fund for the government’s share of the c osts of the retirement benefits to the Supreme Court of Guam’s employees. SOURCE: Added by P.L. 24-059:IV:19 (Sept. 12, 1997). ---------- COL10/29/2021