Challenging Compliance with Selection Procedures

(a)In criminal cases, before the voir dire examination ends, the defendant may move to dismiss the indictment or stay the proceedings against him on the ground of substantial failure to comply with the provisions of this Title in selecting the grand or petit jury.

(b)In criminal cases, before the voir dire examination ends, the prosecuting attorney may move to dismiss the indictment or stay the COL10312014 CH. 22 TRIAL BY JURY proceedings on the ground of substantial failure to comply with the provisions of this Title in selecting the petit jury.

(c)In civil cases, before the voir dire examination ends, any party may move to stay the proceedings on the ground of substantial failure to comply with the provisions of this Title in selecting the petit jury.

(d)Upon motion filed under Subsection (a),

(b)or

(c)of this Section, containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this Title, the moving party shall be entitled to present in support of such motion the testimony of the clerk, if available, any relevant records and papers not public or otherwise available used by the clerk, and any other relevant evidence. If the court determines that there has been a substantial failure to comply with the provisions of this Title in selecting a grand jury, the court shall stay the proceedings pending the selection of a grand jury in conformity with this Title or dismiss the indictment, whichever is appropriate. If the court determines that there has been a substantial failure to comply with the provisions of this Title in selecting the petit jury, the court shall stay the proceedings pending the selection of a petit jury in conformity with this Title.

(e)The procedures prescribed by this Section shall be the exclusive means by which a person accused of a territorial crime, the prosecuting attorney, or a party in civil case may challenge any jury on the ground that such jury was not selected in conformity with the provisions of this Title. Nothing in this Section shall preclude any person or the government of Guam from pursuing any other remedy, civil or criminal, which may be available for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin or economic status in the selection of persons for service on grand or petit juries.

(f)The contents of records or papers used by the clerk in connection with the jury selection process shall not be disclosed, except pursuant to the Superior Court plan or as may be necessary in the preparation or presentation of a motion under Subsection (a), (b), or

(c)of this Section, until after the master jury wheel has been emptied and refilled pursuant to § 22112 of this Chapter and all persons selected to serve as jurors before the master wheel was emptied have completed such service. The parties in a case shall be allowed to inspect, reproduce, and copy such records or papers at all reasonable times during the preparation and pendency of such a motion. Any person who discloses the contents of any record or paper in violation of this Subsection is guilty of a misdemeanor.