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7 GCA § 3109

Nomination, Appointment, Eligibility, and Tenure of Justices and Judges

Guam Code AnnotatedTitle 7 — Judiciary and Civil Procedure
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(a)I Maga’hågan/Maga’låhen Guåhan, with the advice and consent of I Liheslaturan Guåhan, shall appoint a qualified person to each of the positions of Justice created by this Title; and subject to the advice and consent of I Liheslaturan Guåhan, appoint a qualified person to any vacancy occurring in either the Supreme Court or the Superior Court of Guam, and to any newly created position of Justice or Judge authorized by statute. The Judicial Council and the Guam Bar Association may each submit a list of qualified nominees for I Maga’hågan/Maga’låhen Guåhan’s consideration. No sitting Judge of the Superior Court of Guam shall be excluded from the pool of nominees for the Supreme Court of Guam.

(b)[Repealed.]

(c)The Chief Justice and each Associate Justice of the Supreme Court of Guam shall be a United States citizen, a bona fide resident of Guam for at least five

(5)years and shall have been in the active practice of law on Guam for a period of at least ten

(10)years before said nomination. The Presiding Judge and each other Judge of the Superior Court of Guam shall be a United States citizen, a bona fide resident of Guam for at least five

(5)years and shall be in the active practice of law on Guam for a period of seven

(7)years before said nomination.

(d)No Justice or Judge shall, during the term of office, engage in the private practice of law. No Justice or Judge shall, during the term of office, run for or hold any other office or position of profit under the United States, any State, Guam or any other political subdivision of the United States.

(e)“Active practice of law” includes time spent as a Justice or Judge on Guam.

(f)Any sitting Justice or Judge residing in the CNMI and admitted to the practice of law in the CNMI shall be eligible to sit on the Bench on the Supreme Court of Guam or the Superior Court of Guam; provided, that the Justices and Judges from Guam are accorded the same reciprocity by the CNMI.

§ 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. 22-108 § 18 — introduced as Bill 414-22 · introduced by Don Parkinson + 2 cosponsors
  3. Amended by P.L. 26-89 § 2 — introduced as Bill 34-26 · introduced by Mark C. Charfauros
  4. Repealed by P.L. 27-31 § 10 — introduced as Bill 48-27 · introduced by F. Randall Cunliffe + 13 cosponsors · lead sponsor unverified

Interpreted by the courts:

  • 2000 Guam 21Mary Ann S. Lujan v. David J. Lujan, P.D. Hemlani, and Zhong Ye, Inc., / P.D. Hemlani v. David J. Lujan (2000) · per Benjamin J.F. Cruz, J. · pinpoints (c) at ¶15
  • 2015 Guam 4Dr. Joel Joseph, Petitioner-Appellee, v. Guam Board of Allied Health Examiners, Respondent-Appellant, CVA13-023, 2015 Gu (2015) · pinpoints (f) at ¶2
  • 2024 Guam 5In the Matter of the Guam Bar Association (2024) · pinpoints (c) at ¶21

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