29–006 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–638 

AMENDING THE ORGANIC ACT OF GUAM FOR THE PURPOSES OF CLARIFYING THE LOCAL JUDICIAL STRUCTURE OF GUAM 

SEPTEMBER 7, 2004.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2400] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 2400) to amend the Organic Act of Guam for the purposes of 

clarifying the local judicial structure of Guam, haing considered the 

same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 2400 is to amend the Organic Act of Guam 

for the purposes of clarifying the local judicial structure of Guam. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2400 amends the Organic Act of Guam to establish the Supreme Court of Guam as the highest local court in the territory. 

H.R. 2400 also amends the Organic Act to require a unified judicial 

system composed of: (1) an appellate court designated as the ‘‘Supreme Court of Guam’’; (2) a trial court designated as the ‘‘Superior 

Court of Guam’’; and (3) other lower local courts as may have been 

or may hereafter be established by the laws of Guam. 

Originally, appellate cases in Guam that fell under territorial jurisdiction were reviewed by the U.S. Court of Appeals for the Ninth 

Circuit. In 1973, the 12th Guam Legislature established the first 

Supreme Court of Guam to hear these appealed cases. The establishment of the court was ruled to be unauthorized by the U.S. Supreme Court in Territory of Guam v. Olsen, 431 U.S. 195 (1977). 

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In 1984, in response to Olsen, Congress amended the Organic Act 

of Guam permitting the territorial legislature to create an appellate court to hear all cases in Guam over which any court established by the Constitution and laws of the United States does not 

have exclusive jurisdiction. 

When the Guam Legislature passed legislation to create the Supreme Court of Guam in 1992, it intended to make this entity the 

highest local court and vest it with those powers traditionally held 

and exercised by the highest court of a State or territory. 

In authorizing the creation of an appellate court for Guam, the 

Congress left the newly created court subordinate to Guam’s other 

two branches of government. Because the judiciary was established 

under Guam law, it can be subject to changes based upon shifts in 

control of Guam’s executive and legislative branches. 

Establishing the Supreme Court of Guam within Guam’s Organic 

Act will make the judiciary a coequal branch of government. The 

Committee believes H.R. 2400 would appropriately correct the unintended oversight of the Omnibus Territories Act of 1984 (Public 

Law 98–454) and insulate the judiciary in Guam from local politics 

and undue political interference. The Committee also believes H.R. 

2400 would remove any uncertainty regarding future actions that 

threaten to undo the clarity of roles recently established in Guam 

public law. Recent developments in Guam have emphasized the 

need for H.R. 2400 in as much as the Supreme Court of Guam has 

rendered judgments on local disputes between different branches 

for the Government of Guam and between elected officials in the 

territory. 

The Committee also notes that in the 107th Congress, there was 

local opposition on Guam to similar legislation, including some unfavorable views that were received by the Committee. However, the 

Guam Legislature subsequently took action on October 31, 2003, 

with the enactment of Public Law 27–31, which established the Supreme Court of Guam as the highest court with administrative control over the judiciary in the territory. In addition, on April 23, 

2004, the Guam Legislature approved Resolution No. 139, sponsored by all 15 of its members, expressing their support of H.R. 

2400. It is important to note that the current Governor of Guam, 

Governor Camacho, wrote to the author of the bill on May 7, 2004, 

in support of H.R. 2400, stating ‘‘My personal preference is for our 

tri-partite structure of government to be established in a Guam 

Constitution. Further, the specifics of the internal operation of our 

judicial branch should be established locally. * * * However * * * 

until Guam adopts its own constitution, * * * I support your efforts to establish Guam’s judicial branch in our Organic Act.’’ 

COMMITTEE ACTION

H.R. 2400 was introduced on June 10, 2003, by Congresswoman 

Madeleine Z. Bordallo (D–GU). The bill was referred to the Committee on Resources. On July 14, 2004, the Full Resources Committee met to consider the bill. No amendments were offered, and 

the bill was ordered favorably reported to the House of Representatives by unanimous consent. 

The Committee held hearings on the restructuring of Guam’s judicial branch during the 105th and 107th Congresses, and in the 

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107th Congress, a similar bill, H.R. 521, was favorably reported 

from the Committee on Resources by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article IV, section 3 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 21, 2004. 

Hon. RICHARD W. POMBO, Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2400, a bill to amend the 

Organic Act of Guam for the purposes of clarifying the local judicial 

structure of Guam. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Matthew Pickford (for 

federal costs) and Marjorie A. Miller (for the state and local impact). 

Sincerely, 

ELIZABETH M. ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

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H.R. 2400—A bill to amend the Organic Act of Guam for the purposes of clarifying the local judicial structure of Guam 

H.R. 2400 would amend the Organic Act of Guam to establish a 

unified judicial system in Guam, independent of the Guam legislature, consisting of an appellate court (Supreme Court) and a trial 

court (Superior Court of Guam). In addition,the bill would give the 

Supreme Court administrative authority over all local courts. CBO 

estimates that enacting this legislation would have no impact on 

the federal budget because it would affect the structure of the local 

judiciary system. 

The bill contains no private-sector mandates as defined in the 

Unfunded Mandates Reform Act (UMRA). H.R. 2400 contains an 

intergovernmental mandate as defined in UMRA, but CBO estimates that the cost of the mandate would be well below the threshold established in that act ($60 million in 2004, adjusted annually 

for inflation). This mandate is a preemption of authority delegated 

to the legislature of Guam by the Organic Act of Guam. Under that 

act, the local legislature currently has the authority to establish 

the structure of the Guam judiciary. H.R. 2400 would eliminate 

that authority and impose a specific structure. Because this structure is similar to the existing system, however, we expect that the 

mandate would impose no significant costs on the government of 

Guam. Enacting this bill would have no impact on the budgets of 

other state, local, or tribal governments. 

The CBO staff contacts for this estimate are Matthew Pickford 

(for federal costs) and Marjorie A. Miller (for the state and local impact). This estimate approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates, as defined in Public 

law 104–4. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

ORGANIC ACT OF GUAM 

* * * * * * * 

SEC. 22. ø(a) The judicial authority of Guam shall be vested in 

a court of record established by Congress, designated the ‘‘District 

Court of Guam,’’ and such local court or courts as may have been 

or shall hereafter be established by the laws of Guam in conformity 

with section 22A of this Act.¿ (a)(1) The judicial authority of Guam 

shall be vested in a court established by Congress designated as the 

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

branch shall constitute a unified judicial system and include an apVerDate Aug 04 2004 23:53 Sep 08, 2004 Jkt 029006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR638.XXX HR638
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pellate court designated as the ‘‘Supreme Court of Guam’’, a trial 

court designated as the ‘‘Superior Court of Guam’’, and such other 

lower local courts as may have been or shall hereafter be established 

by the laws of Guam. 

(2) The Supreme Court of Guam may, by rules of such court, create divisions of the Superior Court of Guam and other local courts 

of Guam. 

(3) The courts of record for Guam shall be the District Court of 

Guam, the Supreme Court of Guam, the Superior Court of Guam 

(except the Traffic and Small Claims divisions of the Superior 

Court of Guam) and any other local courts or divisions of local 

courts that the Supreme Court of Guam shall designate. 

* * * * * * * 

øSEC. 22A. (a) The local courts of Guam shall consist of such trial 

court or courts as may have been or may hereafter be established 

by the laws of Guam. On or after the effective date of this Act, the 

legislature of Guam may in its discretion establish an appellate 

court. 

ø(b) The legislature may vest in the local courts jurisdiction over 

all causes in Guam over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam by section 22(b) of this Act. 

ø(c) The practice and procedure in the local courts and the qualifications and duties of the judges thereof shall be governed by the 

laws of Guam and the rules of those courts.¿ 

SEC. 22A. (a) The Supreme Court of Guam shall be the highest 

court of the judicial branch of Guam (excluding the District Court 

of Guam) and shall— 

(1) have original jurisdiction over proceedings necessary to 

protect its appellate jurisdiction and supervisory authority and 

such other original jurisdiction as the laws of Guam may provide; 

(2) have jurisdiction to hear appeals over any cause in Guam 

decided by the Superior Court of Guam or other courts established under the laws of Guam; 

(3) have jurisdiction to issue all orders and writs in aid of 

its appellate, supervisory, and original jurisdiction, including 

those orders necessary for the supervision of the judicial branch 

of Guam; 

(4) have supervisory jurisdiction over the Superior Court of 

Guam and all other courts of the judicial branch of Guam; 

(5) hear and determine appeals by a panel of three of the justices of the Supreme Court of Guam and a concurrence of two 

such justices shall be necessary to a decision of the Supreme 

Court of Guam on the merits of an appeal; 

(6) make and promulgate rules governing the administration 

of the judiciary and the practice and procedure in the courts of 

the judicial branch of Guam, including procedures for the determination of an appeal en banc; and 

(7) govern attorney and judicial ethics and the practice of law 

in Guam, including admission to practice law and the conduct 

and discipline of persons admitted to practice law. 

(b) The Chief Justice of the Supreme Court of Guam— 

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(1) shall preside over the Supreme Court unless disqualified 

or unable to act; 

(2) shall be the administrative head of, and have general supervisory power over, all departments, divisions, and other instrumentalities of the judicial branch of Guam; and 

(3) may issue such administrative orders on behalf of the Supreme Court of Guam as necessary for the efficient administration of the judicial branch of Guam. 

(c) The Chief Justice of the Supreme Court of Guam, or a justice 

sitting in place of such Chief Justice, may make any appropriate 

order with respect to— 

(1) an appeal prior to the hearing and determination of that 

appeal on the merits; or 

(2) dismissal of an appeal for lack of jurisdiction or failure 

to take or prosecute the appeal in accordance with applicable 

laws or rules of procedure. 

(d) Except as granted to the Supreme Court of Guam or otherwise 

provided by this Act or any other Act of Congress, the Superior 

Court of Guam and all other local courts established by the laws 

of Guam shall have such original and appellate jurisdiction over all 

causes in Guam as the laws of Guam provide, except that such jurisdiction shall be subject to the exclusive or concurrent jurisdiction 

conferred on the District Court of Guam under section 22 of this 

Act. 

(e) The qualifications and duties of the justices and judges of the 

Supreme Court of Guam, the Superior Court of Guam, and all other 

local courts established by the laws of Guam shall be governed by 

the laws of Guam and the rules of such courts. 

SEC. 22B. The relations between the courts established by the 

Constitution or laws of the United States and the local courts of 

Guam with respect to appeals, certiorari, removal of causes, the 

issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of 

the several States in such matters and proceedingsø: Provided, 

That for the first fifteen years following the establishment of the 

appellate court authorized by section 22A(a) of this Act, the United 

States Court of Appeals for the Ninth Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest 

court of Guam from which a decision could be had. The Judicial 

Council of the Ninth Circuit shall submit reports to the Committee 

on Energy and Natural Resources of the Senate and the Committee 

on Interior and Insular Affairs of the House of Representatives at 

intervals of five years following the establishment of such appellate 

court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United 

States from all such final decisions. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate 

rules necessary to carry out the provisions of this subsection.¿. 

SEC. 22C. (a) Prior to the establishment of the appellate court 

authorized by section 22A(a) of this Act, which is known as the Supreme Court of Guam, the District Court of Guam shall have such 

appellate jurisdiction over the local courts of Guam as the legislature may determine: Provided, That the legislature may not preVerDate Aug 04 2004 23:53 Sep 08, 2004 Jkt 029006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\HR638.XXX HR638
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clude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States including this Act, 

or any authority exercised thereunder by an officer or agency of the 

Government of the United States, or the conformity of any law enacted by the legislature of Guam or of any orders or regulations 

issued or actions taken by the executive branch of the government 

of Guam with the Constitution, treaties, or laws of the United 

States, including this Act, or any authority exercised thereunder by 

an officer or agency of the United States. 

* * * * * * * 

(d) Upon the establishment of the appellate court provided for in 

section 22A(a) of this Act, which is known as the Supreme Court 

of Guam, all appeals from the decisions of the local courts not previously taken must be øtaken to the appellate court¿ taken to such 

appellate court. The establishment of that appellate court shall not 

result in the loss of jurisdiction of the appellate division of the district court over any appeal then pending in it. The rulings of the 

appellate division of the district court on such appeals may be reviewed in the United States Court of Appeals for the Ninth Circuit 

and in the Supreme Court notwithstanding the establishment of 

the appellate court. 

* * * * * * * 

Æ