108TH CONGRESS

2D SESSION H. R. 2400

AN ACT

To amend the Organic Act of Guam for the purGuam. poses of clarifying the local judicial structure of

108TH CONGRESS

2D SESSION H. R. 2400

AN ACT

To amend the Organic Act of Guam for the purposes of

clarifying the local judicial structure of Guam.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2400 EH

1 SECTION 1. JUDICIAL STRUCTURE OF GUAM.

2 (a) JUDICIAL AUTHORITY; COURTS.—Section 22(a)

3 of the Organic Act of Guam (48 U.S.C. 1424(a)) is

4 amended to read as follows:

5 ‘‘(a)(1) The judicial authority of Guam shall be vest6 ed in a court established by Congress designated as the

7 ‘District Court of Guam’, and a judicial branch of Guam

8 which branch shall constitute a unified judicial system and

9 include an appellate court designated as the ‘Supreme

10 Court of Guam’, a trial court designated as the ‘Superior

11 Court of Guam’, and such other lower local courts as may

12 have been or shall hereafter be established by the laws of

13 Guam.

14 ‘‘(2) The Supreme Court of Guam may, by rules of

15 such court, create divisions of the Superior Court of Guam

16 and other local courts of Guam.

17 ‘‘(3) The courts of record for Guam shall be the Dis18 trict Court of Guam, the Supreme Court of Guam, the

19 Superior Court of Guam (except the Traffic and Small

20 Claims divisions of the Superior Court of Guam) and any

21 other local courts or divisions of local courts that the Su22 preme Court of Guam shall designate.’’.

23 (b) JURISDICTION AND POWERS OF LOCAL

24 COURTS.—Section 22A of the Organic Act of Guam (48

25 U.S.C. 1424–1) is amended to read as follows:
3

•HR 2400 EH

1 ‘‘SEC. 22A. (a) The Supreme Court of Guam shall

2 be the highest court of the judicial branch of Guam (ex3 cluding the District Court of Guam) and shall—

4 ‘‘(1) have original jurisdiction over proceedings

5 necessary to protect its appellate jurisdiction and su6 pervisory authority and such other original jurisdic7 tion as the laws of Guam may provide;

8 ‘‘(2) have jurisdiction to hear appeals over any

9 cause in Guam decided by the Superior Court of

10 Guam or other courts established under the laws of

11 Guam;

12 ‘‘(3) have jurisdiction to issue all orders and

13 writs in aid of its appellate, supervisory, and original

14 jurisdiction, including those orders necessary for the

15 supervision of the judicial branch of Guam;

16 ‘‘(4) have supervisory jurisdiction over the Su17 perior Court of Guam and all other courts of the ju18 dicial branch of Guam;

19 ‘‘(5) hear and determine appeals by a panel of

20 three of the justices of the Supreme Court of Guam

21 and a concurrence of two such justices shall be nec22 essary to a decision of the Supreme Court of Guam

23 on the merits of an appeal;

24 ‘‘(6) make and promulgate rules governing the

25 administration of the judiciary and the practice and
4

•HR 2400 EH

1 procedure in the courts of the judicial branch of

2 Guam, including procedures for the determination of

3 an appeal en banc; and

4 ‘‘(7) govern attorney and judicial ethics and the

5 practice of law in Guam, including admission to

6 practice law and the conduct and discipline of per7 sons admitted to practice law.

8 ‘‘(b) The Chief Justice of the Supreme Court of

9 Guam—

10 ‘‘(1) shall preside over the Supreme Court un11 less disqualified or unable to act;

12 ‘‘(2) shall be the administrative head of, and

13 have general supervisory power over, all depart14 ments, divisions, and other instrumentalities of the

15 judicial branch of Guam; and

16 ‘‘(3) may issue such administrative orders on

17 behalf of the Supreme Court of Guam as necessary

18 for the efficient administration of the judicial branch

19 of Guam.

20 ‘‘(c) The Chief Justice of the Supreme Court of

21 Guam, or a justice sitting in place of such Chief Justice,

22 may make any appropriate order with respect to—

23 ‘‘(1) an appeal prior to the hearing and deter24 mination of that appeal on the merits; or
5

•HR 2400 EH

1 ‘‘(2) dismissal of an appeal for lack of jurisdic2 tion or failure to take or prosecute the appeal in ac3 cordance with applicable laws or rules of procedure.

4 ‘‘(d) Except as granted to the Supreme Court of

5 Guam or otherwise provided by this Act or any other Act

6 of Congress, the Superior Court of Guam and all other

7 local courts established by the laws of Guam shall have

8 such original and appellate jurisdiction over all causes in

9 Guam as the laws of Guam provide, except that such juris10 diction shall be subject to the exclusive or concurrent ju11 risdiction conferred on the District Court of Guam under

12 section 22 of this Act.

13 ‘‘(e) The qualifications and duties of the justices and

14 judges of the Supreme Court of Guam, the Superior Court

15 of Guam, and all other local courts established by the laws

16 of Guam shall be governed by the laws of Guam and the

17 rules of such courts.’’.

18 (c) TECHNICAL AMENDMENTS.—(1) Section 22C(a)

19 of the Organic Act of Guam (48 U.S.C. 1424–3(a)) is

20 amended by inserting ‘‘which is known as the Supreme

21 Court of Guam,’’ after ‘‘appellate court authorized by sec22 tion 22A(a) of this Act,’’.

23 (2) Section 22C(d) of the Organic Act of Guam (48

24 U.S.C. 1424–3(d)) is amended—
6

•HR 2400 EH

1 (A) by inserting ‘‘, which is known as the Su2 preme Court of Guam,’’ after ‘‘appellate court pro3 vided for in section 22A(a) of this Act’’; and

4 (B) by striking ‘‘taken to the appellate court’’

5 and inserting ‘‘taken to such appellate court’’.

6 SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

7 Section 22B of the Organic Act of Guam (48 U.S.C.

8 1424–2) is amended by striking ‘‘: Provided, That’’ and

9 all that follows through the end and inserting a period.

Passed the House of Representatives September 13,

2004.

Attest:

Clerk.