I
106TH CONGRESS
2D SESSION
H. R. 4031
To amend the Organic Act of Guam for the purposes of clarifying the
local judicial structure of Guam.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 2000
Mr. UNDERWOOD introduced the following bill; which was referred to the
Committee on Resources
A BILL
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 Representa-
tives 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 vest-
ed in a court established by Congress designated as the
‘District Court of Guam’, and a judicial branch of Guam
which 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 Dis-
trict 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 Su-
preme 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 Guam and shall—
‘‘(1) have original jurisdiction over proceedings
necessary to protect its appellate jurisdiction and su-
pervisory authority and such other original jurisdic-
tion 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 Su-
perior Court of Guam and all other courts in 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 nec-
essary 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, 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 per-
sons admitted to practice law.
‘‘(b) The Chief Justice of the Supreme Court of
Guam—
‘‘(1) shall preside over the Supreme Court un-
less disqualified or unable to act;
‘‘(2) shall be the administrative head of, and
have general supervisory power over, all depart-
ments, 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 deter-
mination of that appeal on the merits; or
‘‘(2) dismissal of an appeal for lack of jurisdic-
tion or failure to take or prosecute the appeal in ac-
cordance 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 juris-
diction shall be subject to the exclusive or concurrent ju-
risdiction 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 22B of
the Organic Act of Guam (48 U.S.C. 1424–2) is
amended—
(A) by inserting ‘‘which is known as the Su-
preme Court of Guam,’’ after ‘‘appellate court au-
thorized by section 22A(a) of this Act,’’; and
(B) by striking ‘‘Natural Resources’’ and in-
serting ‘‘Resources’’.
(2) 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,’’.
(3) 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 Su-
preme Court of Guam,’’ after ‘‘appellate court pro-
vided for in section 22A(a) of this Act’’; and
(B) by striking ‘‘taken to the appellate court’’
and inserting ‘‘taken to such appellate court’’.
Æ