PUBLIC LAW 108–378—OCT. 30, 2004

GUAM JUDICIAL STRUCTURE

118 STAT. 2206 PUBLIC LAW 108–378—OCT. 30, 2004

Public Law 108–378

108th Congress

An Act

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

structure of Guam.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. JUDICIAL STRUCTURE OF GUAM.

(a) JUDICIAL AUTHORITY; COURTS.—Section 22(a) of the Organic

Act of Guam (48 U.S.C. 1424(a)) is amended to read as follows:

‘‘(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 appellate 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.’’.

(b) JURISDICTION AND POWERS OF LOCAL COURTS.—Section 22A

of the Organic Act of Guam (48 U.S.C. 1424–1) is amended to

read as follows:

‘‘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;

Oct. 30, 2004

[H.R. 2400]

PUBLIC LAW 108–378—OCT. 30, 2004 118 STAT. 2207

‘‘(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—

‘‘(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.’’.

(c) TECHNICAL AMENDMENTS.—(1) Section 22C(a) of the Organic

Act of Guam (48 U.S.C. 1424–3(a)) is amended by inserting ‘‘which

is known as the Supreme Court of Guam,’’ after ‘‘appellate court

authorized by section 22A(a) of this Act,’’.

(2) Section 22C(d) of the Organic Act of Guam (48 U.S.C.

1424–3(d)) is amended—

(A) by inserting ‘‘, which is known as the Supreme Court

of Guam,’’ after ‘‘appellate court provided for in section 22A(a)

of this Act’’; and

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

‘‘taken to such appellate court’’.

118 STAT. 2208 PUBLIC LAW 108–378—OCT. 30, 2004

LEGISLATIVE HISTORY—H.R. 2400:

HOUSE REPORTS: No. 108–638 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 13, considered and passed House.

Oct. 10, considered and passed Senate.

Æ

SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

Section 22B of the Organic Act of Guam (48 U.S.C. 1424–

2) is amended by striking ‘‘: Provided, That’’ and all that follows

through the end and inserting a period.

Approved October 30, 2004.