Board of Trustees: Powers and Duties

The Board of Trustees shall: CH. 11 GUAM PUBLIC DEFENDER SERVICE CORPORATION ACT

(a)Establish standards governing effective public legal services in Guam. Such standards shall be designed to ensure public legal services meet constitutional requirements required under the Organic Act of Guam, the laws of Guam, the United States Constitution, and industry best practices.

(b)Establish a formal indigency determination standard to assess a person’s eligibility to receive public legal services. The indigency determination shall be periodically reviewed so that the standard reflects the current state of Guam’s economy. In establishing a formal indigency determination standard, the Board shall:

(1)Determine the prevailing rate for retaining a private defense attorney in Guam;

(2)Establish a presumption of indigency, whereby a person is automatically presumed indigent in certain situations, including but not limited to a person who is incarcerated; a person in a mental health, substance abuse, or any other type of residential or treatment facility; a person who is unemployed; a person who is the recipient of any type of public assistance at the time of the indigency determination; or a person who is a minor; and

(3)Consider the person’s dependents, income, and other factors for the court to make a fair and efficient determination of a person’s indigency.

(c)Appoint the Director to oversee all Corporation divisions.

(d)Conduct an annual performance evaluation for the Director.

(e)Establish minimum qualifications for each division Managing Attorney.

(f)Approve, modify, and/or disapprove budget requests from the Director and submit financial and budgetary requests and reports to the judiciary, I Liheslatura, and/or I Maga’håga/Maga’låhi as required by law.

(g)Adopt such policies and procedures as may be necessary to carry out the Board’s powers and duties, including adopting bylaws to govern the Corporation and all divisions within the Corporation.

(h)Adopt policy and rules for the operation of the Corporation, including but not limited to, personnel, procurement, facilities and property, financial and travel.

(i)All powers vested in the Corporation, except as otherwise provided in the Chapter, shall be exercised by the Board.