IB 
Union Calendar No. 382 
108TH CONGRESS 
2D SESSION 
H. R. 2400 
[Report No. 108–638] 
To amend the Organic Act of Guam for the purposes of clarifying the 
local judicial structure of Guam. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2003 
Ms. BORDALLO (for herself, Mr. FLAKE, Mr. GALLEGLY, Mr. FALEOMAVAEGA, 
Mrs. CHRISTENSEN, and Mr. ACEVEDO-VILA´) introduced the following 
bill; which was referred to the Committee on Resources 
SEPTEMBER 7, 2004 
Additional sponsors: Mr. ABERCROMBIE and Mr. REHBERG 
SEPTEMBER 7, 2004 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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 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 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 the judicial branch of Guam (ex-
cluding the District 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 of the ju-
dicial 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 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 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 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 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 sec-
tion 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 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. 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.
Union Calendar No. 382 
108TH CONGRESS 
2D SESSION 
H. R. 2400 
[Report No. 108–638] 
A BILL 
To amend the Organic Act of Guam for the pur-
poses 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