H. R. 2400
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 con-
stitute 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;
H. R. 2400—2
‘‘(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 administra-
tion 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 disquali-
fied 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 appro-
priate 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 jurisdic-
tion 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’’.
H. R. 2400—3
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.