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7 GCA § 1103

Effective Dates

Guam Code AnnotatedTitle 7 — Judiciary and Civil Procedure
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(a)Delay. No provisions of this Act except § 6112, § 6113, § 6114 and § 6117, shall take effect until May 1, 1993. [Sections] 6112, 6113, 6114 and 6117 shall take effect upon enactment of this Act.

(b)Organization. For purposes of adoption of rules and the establishment of a staffing pattern for the Judicial Branch, this Division, and the remaining portions of Title 7 enacted in this Act shall take effect on May 1, 1993.

(c)Appointment of Justices and Judges. For the purpose of the appointment of Justices and Judges, this Division shall go into effect upon approval by I Liheslatura of the Rules, as provided in paragraph (d), infra. CH. 1 GENERAL PROVISIONS

(d)Adoption of rules of court. Within thirty

(30)days after May 1, 1993, the Chief Justice of the Supreme Court of Guam shall appoint a commission (the Rules Commission) to draft proposed new rules and procedures to govern the operation of the Judicial Branch as reorganized by this Act (the Rules). The Rules Commission shall consist of thirteen

(13)members, of whom six

(6)shall be sitting Judges of the Superior Court, four

(4)shall be attorneys admitted to practice in Guam and members of the Guam Bar Association, and three

(3)shall be lay persons who are residents of Guam, citizens of the United States, and of good reputation. At its first sitting, the Rules Commission shall elect a chairperson from among its members, and shall adopt a schedule of public hearings and meetings during which the Rules shall be considered and recommended for adoption. The Superior Court shall furnish personnel and other logistic support to the Rules Commission, which, in addition to the Rules, shall consider and make recommendations on the staffing pattern of the Judicial Branch as reorganized by this Act. When the Rules Commission has concluded its studies and has agreed upon the proposed Rules and staffing pattern, it shall submit the same to the Judicial Council, which shall in turn submit them to I Liheslatura, without any changes therein, although it may make recommendations to I Liheslatura thereon. The Rules Commission shall cease to exist thirty

(30)days after its submission to the Judicial Council. I Liheslatura, without the forty-five-day limitation of the Administrative Law (the AAL), may, by statute, approve such Rules and staffing pattern or modify them as it deems fit. After the effective date of the Rules and staffing pattern, I Maga’håga/Maga’låhi shall appoint the Justices and Judges authorized by this Act. Upon the due appointment and confirmation of such Justices and Judges, the Justices, sitting en banc, shall review the Rules and staffing pattern, and may approve or modify the same, which Rules and staffing pattern of the Supreme Court as so adopted by the Justices shall be deemed proposed rules and regulations adopted by an autonomous agency of the government of Guam pursuant to the Administrative Adjudication Law and shall therefore be transmitted to I Liheslatura which shall consider them in the manner and under the time limitations as set out in the Administrative Adjudication Law.

(e)Hearing appeals. For purposes of hearing appeals and matters within the original jurisdiction of the Supreme Court of Guam, this Title shall take effect upon certification by the Chief Justice to I Maga’håga/Maga’låhi, to the Judge of the District Court of Guam, and to I Liheslatura, that the Supreme Court of Guam is fully ready to accept the jurisdiction conferred upon it.

(f)Other matters. Any portions of this Act not dealing with matters covered by subsections (a), (b), (c),

(d)or

(e)of this § 1103 shall take effect at the same time as is provided in paragraph (e), supra.

§ The story of this section

  1. Enacted by P.L. 21-147 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 23-34 § 3 — introduced as Bill 53-23 · introduced by Mark C. Charfauros + 2 cosponsors

Interpreted by the courts:

  • 1996 Guam 5Ramon T. Topasna, et al vs. Superior Court of Guam vs. People of the Territory of Guam (1996) · pinpoints (c), (d), (e), (e)(1995) at ¶8

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.