I
105TH CONGRESS
1ST SESSION
H. R. 2370
To amend the Organic Act of Guam for the purposes of clarifying the
local judicial structure and the office of Attorney General.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1997
Mr. UNDERWOOD (for himself, Mr. MILLER of California, and Mr. ABER-
CROMBIE) introduced the following bill; which was referred to the Com-
mittee on Resources
A BILL
To amend the Organic Act of Guam for the purposes of
clarifying the local judicial structure and the office of
Attorney General.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Guam Judicial
Empowerment Act of 1997’’.
SEC. 2. JUDICIAL AUTHORITY; SUPREME COURT 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 Supreme Court of
Guam, 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 over which a court established by the
United States Constitution and laws of the United
States does not have exclusive jurisdiction;
‘‘(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 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, 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.
such original and appellate jurisdiction as the laws of
Guam provide.
‘‘(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 amend-
ed—
(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 ‘‘Interior and Insular Affairs’’
and inserting ‘‘Resources’’.
(2) Section 22C(a) of the Organic Act of Guam (48
U.S.C. 1424–3) 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) 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’’.
SEC. 3. ATTORNEY GENERAL OF GUAM.
Section 29 of the Organic Act of Guam (48 U.S.C.
1421) is amended by adding at the end the following new
subsection:
‘‘(d) The Government of Guam may establish by law
an Office of the Attorney General of Guam within the ex-
ecutive branch of the Government of Guam. Such law
shall—
‘‘(1) provide for the Attorney General of Guam
to be—
‘‘(A) appointed by the Governor, with the
advice and consent of the legislature, for a term
ending when a successor is appointed and quali-
fied; or
‘‘(B) elected by the people of Guam at the
same time, for the same term, and subject to
removal in the same manner as provided for the
Office of Governor of Guam; and
‘‘(2) set forth the duties and compensation of
the Attorney General of Guam.’’.
Æ