Chapter 8

7 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 1 CHAPTER 8 MINISTERIAL OFFICERS OF THE COURT SOURCE: Entire chapter added by P.L. 21-147:2 (Jan. 14, 199 3). 2015 NOTE: Annotations designated '1985 Source' and '1985 Com ment' refer to draft legislation, and have been retained to provide background information as to the source and legislative drafti ng history. See Introductory Note for Title 7 – Civil Procedure. Other annotatio ns included in past publications of the GCA have been updated or delete d, after review for necessity and relevance. § 8101. Clerks of Court, Duties Generally. § 8102. Official Reporters; Appointment; Qualifica tions. § 8103. Official Reporters; Duties. § 8104. Official Reporters; Compensation, Fee. § 8105. Marshal of the Court; Appointment; Salary. § 8106. Marshal; Duties. § 8107. Marshal; Appointment of Special Deputies. § 8108. Special Deputy Marshal; Duties, Compensatio n. § 8108.1. Uniform, Insignia and Badge of the Superi or Court Marshals. § 8109. Probation Officer; Appointment, Salary. § 8110. Probation Officers; Duties. § 8111. Bonds of Clerks. § 8112. Bond of Marshal. § 8113. Other Court Personnel. § 8114.

Superi or Court Marshals. § 8109. Probation Officer; Appointment, Salary. § 8110. Probation Officers; Duties. § 8111. Bonds of Clerks. § 8112. Bond of Marshal. § 8113. Other Court Personnel. § 8114. Volunteer Deputy Marshal Reserve Program. § 8114.1. Eligibility and Recruitment. § 8114.2. Duties. § 8114.3. Stipends. § 8101. Clerks of Court, Duties Generally. (a) Superior Court clerk. The clerk of the Superio r Court shall perform duties required of him or her by law as the clerk o f that court and of the Small Claims and Traffic Divisions of the Superior Court. He or she shall: (1) Take charge of and safely keep, or dispose of a ccording to law all books, papers and records which may be filed an d deposited in this office; (2) Supervise and direct the work of his or her dep uties and assistants; COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 2 (3) Attend in person or by deputy each session of t he Superior Court, Small Claims Division and the Traffic Divisi on; (4) Issue all process and notices required to be is sued, enter a synopsis of all orders, judgments and decrees prope r to be entered at length, keep in the Superior Court a docket in whic h must

on; (4) Issue all process and notices required to be is sued, enter a synopsis of all orders, judgments and decrees prope r to be entered at length, keep in the Superior Court a docket in whic h must be entered the title of each cause, with the date of its comme ncement, and enter a memorandum of every subsequent proceedings therein with the date thereof and a record of all the fees charged; and (5) Keep such other indices and records and make su ch reports as may be necessary in the performance of the duties o f his or her office and as may be required by law. (b) Supreme Court clerk. The clerk of the Supreme C ourt shall perform duties required of him or her by law as the clerk o f that court. In addition, he or she shall: (1) Take charge of and safely keep, or dispose of a ccording to law all books, papers and records which may be filed an d deposited in this office; (2) Supervise and direct the work of his or her dep uties and assistants; (3) Attend in person or by deputy each session of t he Supreme Court; (4) Issue all process and notices required to be is sued, enter a synopsis of all orders, judgments, decisions, and d ecrees proper to be entered at length, keep in the

session of t he Supreme Court; (4) Issue all process and notices required to be is sued, enter a synopsis of all orders, judgments, decisions, and d ecrees proper to be entered at length, keep in the Supreme Court a dock et in which must be entered the title of each appeal, with the date of its commencement, and enter a memorandum of every subsequent proceedings therein with the date thereof and a record of all the fees charged; and (5) Keep such other indices and records and make su ch reports as may be necessary in the performance of the duties o f his or her office and as may be required by law or by the Chief Justi ce. 1985 SOURCE: CCP § 191 as modified to reflect the Superior and S upreme Court structures. 2015 NOTE: Subsection designations were altered to adhere to the Compiler’s alpha- numeric scheme in accordance with the authority gra nted by 1 GCA § 1606. COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 3 § 8101.1. Prompt Transmission of Family Violence Or ders. The Clerk of the Superior Court shall forward certi fied copies of all protective orders, restraining orders, criminal pre -trial release orders and probation conditions which will be

olence Or ders. The Clerk of the Superior Court shall forward certi fied copies of all protective orders, restraining orders, criminal pre -trial release orders and probation conditions which will be entered or scann ed into the Criminal Justice Information System ( >CJIS’) on the same day the order is issued by the Court. SOURCE: Added by P.L. 24-239:8 (Aug. 14, 1998). § 8102. Official Reporters; Appointment; Qualificat ions. The Judicial Council may appoint Official Reporters for the Courts, or may share Reporters, as the need is made known, in such number as the Judicial Council may designate who shall be subject to removal as provided in the Personnel Rules for the Judicial Branch. The qualifications of the Reporters shall be determined by standards formulat ed by the Judicial Council. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Repealed and reenacted by P.L. 24-139:35 (Feb. 7, 1998). Amended by P.L. 27-031:2 5 (Oct. 31, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L.

Amended by P.L. 27-031:2 5 (Oct. 31, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to return to the Superior Court the power to hire or share repor ters and to delete subsection (b) regarding reporters’ fees. 1985 SOURCE: CCP § 193 modified to refer to the Supreme and Supe rior Court structure. § 8103. Official Reporters; Duties. (a) Each reporter shall, whenever requested by a p arty to any action or proceeding, or directed by the court, attend the se ssions of the court and record verbatim by shorthand, by mechanical means, or by electronic means, or any combination thereof, all the proceedings had in open court in the action or proceeding. (b) The reporter shall attach his or her official certificate to the original shorthand notes or other original records so taken, or to the tapes involved if taken

court in the action or proceeding. (b) The reporter shall attach his or her official certificate to the original shorthand notes or other original records so taken, or to the tapes involved if taken electronically, and promptly file them with t he clerk upon the request of a party to any such action or proceeding who has agreed to pay the fee therefor, or of a Judge of the court. (c) The reporter, or if the original has been tran scribed by electronic means, then such person as has been designated for the purpose, shall COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 4 promptly transcribe the original records of the req uested part of the proceedings and attach to the transcript his or her official certificate and deliver the same to the party or Judge making the r equest and a copy, certified by him or her, to the clerk for the recor ds of the court. (d) The transcript in any case certified by the re porter shall be deemed prima facie a correct statement of the testimony ta ken and proceedings had. 2015 NOTE: Subsection designations were added in accordance w ith the authority granted by 1 GCA § 1606. 1985 SOURCE: CCP § 194 as modified.

ect statement of the testimony ta ken and proceedings had. 2015 NOTE: Subsection designations were added in accordance w ith the authority granted by 1 GCA § 1606. 1985 SOURCE: CCP § 194 as modified. 1985 COMMENT: This Section is modified to include provision for t he electronic taking of court proceedings. The court has already established electronic taping as the means of taking testimony within the Superior Court building. Note that the original, in such cases where electronic means is used, is th e tape of the proceedings. If the court wishes a reporter to be present and take down the proceedings via shorthand or mechanical (stenotype) means, and use these as the official record and the electronic media as a backup, the court is free to do so under this Section. The official record will be whichever means of recording the proceeding that the court specifies. § 8104. Official Reporters: Compensation, Fee. Each Reporter shall receive a salary pursuant to th e Personnel Rules on compensation of the Judicial Council, and may charg e and collect fees, at rates fixed by the Judicial Council, for transcript s requested by the parties, but not for the certified copy filed with the

ompensation of the Judicial Council, and may charg e and collect fees, at rates fixed by the Judicial Council, for transcript s requested by the parties, but not for the certified copy filed with the Clerk for the records of the Court. No fee shall be assessed for transcripts for use by the Court appointed attorney in such case, and the Office of the Attorn ey General. Each Reporter shall make such reports as the Judicial Council may require as to the transcripts prepared and fees charged by him or her . SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Repealed a nd reenacted by P.L. 24-139:36 (Feb. 7, 1998). Amended by P.L. 27-031:2 6 (Oct. 31, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to delete separate references the Superior and Supreme Court reporters and to reinstate what was placed in subsection (b) of §

as there were no amendments prior to P.L. 24-139. The main difference is to delete separate references the Superior and Supreme Court reporters and to reinstate what was placed in subsection (b) of § 8102 by P.L. 24-1 39:35. 1985 SOURCE: CCP § 195 changed only with reference to the source (Supreme Court) of the rules. § 8105. Marshal of the Court; Appointment; Salary. The Judicial Council shall appoint a Marshal of the Court who shall be subject to removal in accordance with the Personnel Rules and Regulations COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 5 of the Judicial Branch as promulgated by the Judici al Council. The Marshal of the Court shall receive a salary to be fixed by a general Personnel Rules on compensation. The Judicial Council may assign ot her duties as necessary to the Chief Probation Officer. The Marshal of the Court may assign deputies and assistants in such number as may be ap proved by the budget. The appointment, removal and salaries of such deput ies and assistants shall be governed by the applicable Personnel Rules and R egulations governing employment practices within the Judicial Branch as promulgated by the Judicial Council.

of such deput ies and assistants shall be governed by the applicable Personnel Rules and R egulations 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. 23-086:5 Apr. 29, 1996).Repealed and reenacted by P.L. 24-139:37 (Feb. 7, 1998). Amended by P.L. 27-031:27 (Oct. 31, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its amendment by P.L. 23-85:5. 1985 SOURCE: CCP § 196 as modified. 1985 COMMENT: The modification here is to reflect current conditi ons where there may be more than one deputy marshal of the Superior Court, depending upon the business of the court. The former law indicated tha t there is to be one deputy marshal. Likewise, this section provides that the salary is to be determined by a general rule on compensation, applicable to all positions within th e court system, in much the same manner

ne deputy marshal. Likewise, this section provides that the salary is to be determined by a general rule on compensation, applicable to all positions within th e court system, in much the same manner as 4 GCA § 6201 provides a general scale for executive branch employees. § 8106. Marshal; Duties. The Marshal or his or her deputies shall attend all sessions of the Supreme and Superior Courts, unless excused by a Ju dge or Justice at whose session the Marshal or Deputy should otherwise atte nd, and preserve order. He or she shall serve and execute process, writs an d orders issued under the laws of Guam by a Court of record when so directed by the Court and for this purpose shall have all the powers conferred by law on the Police Chief of the Guam Police Department and on the Mayors of municipal districts. He or she shall perform such other duties as may be di rected by the Judicial Council, or by the Rules and Procedures adopted by the Judicial Council. 1985 SOURCE: CCP § 197 modified. 1985 COMMENT: A clause is added to the first sentence allowing a judge to excuse the marshal or a deputy from attendance at that jud ge's session.

e Judicial Council. 1985 SOURCE: CCP § 197 modified. 1985 COMMENT: A clause is added to the first sentence allowing a judge to excuse the marshal or a deputy from attendance at that jud ge's session. This is added to that someone does not make attendance of the marshal or deputy a jurisdictional matter upon appeal. (Suggested by Law Revision Commission. ) Also references added to include the Supreme Court, which will share marshal services until such time as additional personnel are required. COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 6 SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (b) added by P.L. 24- 003:2 (Mar. 19, 1997). Repealed and reenacted by P. L. 24-139:38 (Feb. 7, 1998). Amended by P.L. 27-031:28 (Oct. 31, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139.

all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to reinstate subsection (b) which was added by P.L. 24-3:2 and t o reinstate subsection (a) as it was originally written. § 8107. Marshal; Appointment of Special Deputies. (a) The Chief Justice, at the request of the Marsh al of the Court, may appoint employees of (1) the Department of Law, (2) the Department of Revenue & Taxation of the go vernment of Guam, and (3) the School Attendance Officers of the Departme nt of Education as Special Deputy Marshals of the Guam Ju diciary. Such appointments shall be for as long as such employees remain in their employment with their respective departments, unles s sooner revoked by the Chief Justice, whichever is earlier . (b) The School Attendance Officers of the Departmen t of Education shall complete a training program developed and adopted b y the Judicial Council, that is pertinent to their appointment, pr ior to such appointment as Special Deputy Marshals of the Guam Judiciary. SOURCE: Added by P.L. 21-147:2 (Jan.

veloped and adopted b y the Judicial Council, that is pertinent to their appointment, pr ior to such appointment as Special Deputy Marshals of the Guam Judiciary. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 24-139:20 (Feb. 7, 1998), P.L. 27-031:29 (Oct. 31, 2003), P.L . 30-167:2 (July 16, 2010). 2015 NOTE: Subsection designations were added and altered in accordance with the authority granted by 1 GCA § 1606. COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to include the Supreme Court in the power of appointment. 1985 SOURCE: CCP § 198 as modified. 1985 COMMENT: Three modifications here. The first relates to the Department of Administration. It appears from former § 199 that t he duties of deputies appointed from the Department of Administration relate to the enforcement of the revenue and COL6220167 GCA

the Department of Administration. It appears from former § 199 that t he duties of deputies appointed from the Department of Administration relate to the enforcement of the revenue and COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 7 tax laws of Guam. These functions are now undertake n by the Department of Revenue and Taxation, not the Department of Administration. Secondly, the appointment had been limited to one year or the length of time the employees are with the Department. Considering former § 199 (this Title § 4308) it app ears that employees who leave their respective departments should immediately lose thei r appointments as special deputy marshals. Finally, the Supreme Court may also make appointments under this section. § 8108. Special Deputy Marshal; Duties, Compensatio n. (a) The employees of the Department of Law who are appointed as deputies under § 8107 of this Chapter shall exercise their office only in cases wherein the government of Guam is a party. (b) The employees of the Department of Revenue and Taxation who are appointed as deputies under said § 8107 shall exercise their office only in matters concerning the income tax laws and

is a party. (b) The employees of the Department of Revenue and Taxation who are appointed as deputies under said § 8107 shall exercise their office only in matters concerning the income tax laws and other tax and revenue laws of Guam. (c) The School Attendance Officers of the Departme nt of Education under § 8107 shall exercise their office only in matters concerning truancy proceedings of the Superior Court of Guam. (d) No deputies under said § 8107 shall be entitled to compensation in addition to the compensation they are receiving as employees of the government of Guam. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 24-139:21 (Feb. 7, 1998), P.L.27-31:30 (Oct. 31, 2003), P.L. 30-167:3 (July 16, 2010). 2015 NOTE: Subsection designations were added in accordance with the authority granted by 1 GCA § 1606. COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment reinserting the second

139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment reinserting the second paragraph of the section. 1985 SOURCE: CCP § 199 as modified. 1985 COMMENT: The modification here refers to the employment of f ull-time deputies and distinguishing them from the deputies appointed from within the Executive Branch of the government of Guam. Supreme Court also added to conform with § 6307. § 8108.1. Uniform, Insignia and Badge of the Superi or Court Marshals. (a) The Superior Court shall provide their Marshals with standard uniforms. Subject to detailed regulations and speci fications prescribed by the Courts, the uniform to be worn by Marshals shall be a standard pattern and distinctive design. COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 8 (b) Badge Design. The badge shall be a six point st ar shield, measuring approximately three inches in diameter, in the cent er of which shall be imposed in relief, a facsimile of the island of Gua m and a Scale of Justice weights imposed over the Island.

hield, measuring approximately three inches in diameter, in the cent er of which shall be imposed in relief, a facsimile of the island of Gua m and a Scale of Justice weights imposed over the Island. The badge issued t o the Chief Marshal and the Supervisors shall be of a composition metal in similitude of gold, and that issued to the Deputy Marshal shall be a compos ition metal in similitude of silver. (c) Service Without Wearing Uniform. The Chief Mars hal may direct that certain Deputy Marshals serve without wearing uniforms when, in his judgment, law enforcement operations require such. (d) Wearing Uniforms by Other Persons Prohibited. N o person other than a Marshal shall wear, use or order to be worn or used, copy or imitate in any respect or manner, the standard uniform and bad ge pursuant to regulations and specification prescribed by the Cou rts. (e) Penalty. Any person violating Subsection (d) of this Section is guilty of a petty misdemeanor. SOURCE: Added by P.L. 24-004:3 (Mar. 19, 1997). § 8109. Chief Probation Officer; Appointment, Salar y. (a) The Presiding Judge shall nominate a Chief Pro bation Officer, subject to the approval of the Judicial Council, wh o shall be

ar. 19, 1997). § 8109. Chief Probation Officer; Appointment, Salar y. (a) The Presiding Judge shall nominate a Chief Pro bation Officer, subject to the approval of the Judicial Council, wh o shall be subject to removal in accordance with the Personnel Rules and Regulations of the Judicial Branch promulgated by the Judicial Council . (b) The duties of the Chief Probation Officer shal l be established in writing by the Superior Court Administrator and app roved by the Judicial Council. (c) The Judicial Council may assign other duties a s necessary to the Chief Probation Officer. (d) The Chief Probation Officer may assign deputie s and assistants in such numbers as may be necessary. The appointment, removal and salaries of such deputies and assistants shall be governed b y the applicable Personnel Rules and Regulations governing employment practice s within the Judicial Branch as promulgated by the Judicial Council. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Repealed a nd reenacted by P.L. 24-139:39 (Feb. 7, 1998). Amended by P.L. 27-031:3 1 (Oct. 31, 2003). 2015 NOTE: Subsection designations were added in accordance with the authority granted by 1 GCA § 1606.

ed a nd reenacted by P.L. 24-139:39 (Feb. 7, 1998). Amended by P.L. 27-031:3 1 (Oct. 31, 2003). 2015 NOTE: Subsection designations were added in accordance with the authority granted by 1 GCA § 1606. COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 9 COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to revert the appointment and removal authority to Athe court @ rather than to a AChief Probation Officer @, whose named position is no longer in the law. 1985 SOURCE: CCP § 200 modified to reflect new structure of the courts. § 8110. Probation Officers; Duties. (a) The probation officer shall furnish to each pr obationer under his or her supervision a written statement of the conditio ns of probation and shall instruct him or her regarding the same.

Duties. (a) The probation officer shall furnish to each pr obationer under his or her supervision a written statement of the conditio ns of probation and shall instruct him or her regarding the same. He or she s hall keep informed concerning the conduct and condition of each probat ioner under his or her supervision and shall report thereof to the court. He or she shall use all suitable means not inconsistent with the conditions imposed by the court to aid probationers and to bring about improvement in their conduct and condition. He or she shall keep records of his or h er work. He or she shall make pre-sentence investigations when directed by t he court, and shall perform such other duties as the Superior Court may direct. (b) The probation officer and his or her assistant s shall each, in the course of carrying out their duties, have the power s of peace officers under the laws of Guam. 2015 NOTE: Subsection designations were added in accordance with the authority granted by 1 GCA § 1606. 1985 SOURCE: CCP § 201 as added by P.L. 7-123. CROSS-REFERENCES: 8 GCA § 5.55 Peace Officer Defined). § 8111. Bonds of Clerks.

ons were added in accordance with the authority granted by 1 GCA § 1606. 1985 SOURCE: CCP § 201 as added by P.L. 7-123. CROSS-REFERENCES: 8 GCA § 5.55 Peace Officer Defined). § 8111. Bonds of Clerks. (a) Each Clerk of the Supreme and Superior Courts, before entering on the duties of his or her office, shall give a bond in the sum of not less than Ten Thousand Dollars ($10,000.00), for the faithful performance of duty by himself or herself, his or her deputies and assista nt clerks during his or her continuance in office and by his or her deputies an d assistant clerks after his or her death until his or her successor is appointe d and qualified. The amount of the bond shall be set and approved by the Judicial Council and filed and recorded in the office of the Clerk of th e Court. (b) Any person injured by a breach of such bond may sue thereon, in his or her own name, to recover his or her damages. Such action shall be commenced within six (6) years after the right accr ues, but a person under COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 10 legal disability may sue within three (3) years aft er the removal of his or her disability.

ht accr ues, but a person under COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 10 legal disability may sue within three (3) years aft er the removal of his or her disability. After judgment such bond shall remain a s security until the whole penalty has been paid. (c) Such bond shall be a corporate surety bond, and the premium therefor shall be paid out of appropriations for th e judicial branch of the government of Guam. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (a) amended by P.L. 24-139:22 (Feb. 7, 1998) and P.L. 27-031:32 (Oct. 3 1, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to have bonds governed by the Supreme Court alone. 1985 SOURCE: CCP § 202 as added by P.L. 5-75. § 8112. Bond of Marshal.

ment as there were no amendments prior to P.L. 24-139. The main difference is to have bonds governed by the Supreme Court alone. 1985 SOURCE: CCP § 202 as added by P.L. 5-75. § 8112. Bond of Marshal. (a) The Marshal of the Court, before entering on th e duties of his or her office, shall give a bond in the sum of not less th an Ten Thousand Dollars ($10,000.00) for the faithful performance of duty b y himself or herself and his or her deputies during his or her continuance i n office and by his or her deputies after his or her death until his or her su ccessor is appointed and qualified. The amount of the bond shall be set and approved by the Judicial Council and filed and recorded in the Office of the Clerk of the Supreme Court. (b) Such bond shall be a corporate surety bond, and the premium therefor shall be paid out of appropriations for th e judicial branch of the government of Guam. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (a) amended by P.L. 24-139:23 (Feb. 7, 1998) and P.L. 27-031:33 (Oct. 3 1, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L.

, 1998) and P.L. 27-031:33 (Oct. 3 1, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its original enactment as there were no amendments prior to P.L. 24-139. The main difference is to place all the responsibility for bonding with the Supreme Cou rt.. 1985 SOURCE: CCP § 203 added by P.L. 5-75. 1985 COMMENT: Both this Section and § 4311 have been modified to refer to the Superior Court, which was created by P.L. 12-85, an d to the Supreme Court, created by this Act. COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 11 § 8113. Other Court Personnel. The Presiding Judge for the Superior Court and the Chief Justice for the Supreme Court may appoint and may remove from their respective Courts, pursuant to all applicable Personnel Rules and Regu lations of the Judicial Branch as promulgated by the Judicial Council such other officers and personnel as are necessary to carry out the duties of the

uant to all applicable Personnel Rules and Regu lations of the Judicial Branch as promulgated by the Judicial Council such other officers and personnel as are necessary to carry out the duties of the Courts. If such officers and personnel are appointed to fill new po sitions or to have duties not already specified in law or in a plan approved by the Judicial Council, no such appointments shall be made or new duties assig ned until adoption of such plan by the Judicial Council. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 23-086:6 (Apr. 29, 1995). Repealed and reenacted by P.L. 24-139:40 (Feb. 7, 1998). Amended by P.L. 27-031:34 (Oct. 31, 2003). COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3 d 534 (1/10/2002), held P.L. 24- 139 not to have existed at all as a public law beca use it was Apocket vetoed @ by the Governor. Therefore, this section reverts to the w ay it read upon its amendment by P.L. 23-86. The main difference is to permit the Su preme Court to hire personnel. 1985 SOURCE: New Section.

by the Governor. Therefore, this section reverts to the w ay it read upon its amendment by P.L. 23-86. The main difference is to permit the Su preme Court to hire personnel. 1985 SOURCE: New Section. 1985 COMMENT: The Superior Court is continually improving its ser vices and, as a result, is developing new positions and requiring n ew job titles and descriptions for the positions. For instance, the Court has begun a syst em of requiring community service instead of a traditional sentence of prison or prob ation. A new office has been established to coordinate this effort, and lately ( P.L. 16-15) adopted into law. Therefore, this general section permits the establi shment of new positions and persons to fill the positions as new functions and services are developed by the court. However, such is made subject to the supervision of the Supreme Court. § 8114. Volunteer Deputy Marshal Reserve Program. There is hereby established within the government o f Guam, under the auspices of the Superior Court of Guam, a Volunteer Deputy Marshal Reserve Program. Volunteers shall not be considere d full-time employees of the government of Guam, and shall not be entitled t o receive employee

e Superior Court of Guam, a Volunteer Deputy Marshal Reserve Program. Volunteers shall not be considere d full-time employees of the government of Guam, and shall not be entitled t o receive employee benefits or government of Guam retirement. Volunte ers shall be paid on a stipend basis. The Judicial Council of the Superio r Court of Guam shall establish rules and regulations for the implementat ion of the Program, which rules and regulations shall be effective upon promu lgation by the Council. SOURCE: Added by P.L. 25-164:V:13 (Sept. 26, 2000). COL6220167 GCA CIVIL PROCEDURES CH. 8 MINISTERIAL OFFICERS OF THE COURT 12 § 8114.1. Eligibility and Recruitment. (a) A volunteer must be qualified as a Superior Co urt of Guam Deputy Marshal, and have graduated from the Guam Police Ac ademy, the Basic Law Enforcement Academy, or a qualified law enforce ment academic program within Guam. (b) Volunteers shall be recruited from within this qualified category o f eligible candidates. SOURCE: Added by P.L. 25-164:V:14 (Sept. 25, 2000), and am ended by P.L. 33- 075:2 (Sept. 15, 2015). 2015 NOTE: Subsection designations were added in accordance with the authority granted by 1 GCA § 1606.

E: Added by P.L. 25-164:V:14 (Sept. 25, 2000), and am ended by P.L. 33- 075:2 (Sept. 15, 2015). 2015 NOTE: Subsection designations were added in accordance with the authority granted by 1 GCA § 1606. § 8114.2. Duties. Volunteers shall provide additional manpower to the Superior Court of Guam Marshal Division. The Judicial Council of the Superior Court of Guam shall promulgate rules and regulations governi ng the scope of duties, functions and limitations of the Program to include , but not be limited to, security for patrons, judges, jurors, inmates, witn esses and court property; serving court documents, subpoenas and civil warran ts; executing levies and evictions; and such other duties as are authorized by law to the Superior Court of Guam Marshal Division. Volunteers shall a lso be authorized to assist in times of Guam emergencies. SOURCE: Added by P.L. 25-164:V:15 (Sept. 25, 2000). § 8114.3. Stipends. Volunteers shall be compensated under stipend for a minimum of forty- two (42) hours or more per month. The Judicial Cou ncil of the Superior Court of Guam shall establish the maximum allowance per month for a volunteer under the Program.

tipend for a minimum of forty- two (42) hours or more per month. The Judicial Cou ncil of the Superior Court of Guam shall establish the maximum allowance per month for a volunteer under the Program. Volunteers must perfo rm a minimum of forty- two (42) hours a month to be eligible for compensat ion. SOURCE: Added by P.L. 25-164: V:16 (Sept. 25, 2000). ---------- COL622016