Contempt; summary disposition; disposition upon

notice and hearing.

(a)A contempt may be punished summarily if the judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of contempt shall recite the facts and shall be signed by the judge and entered of record.

(b)Except as provided in subsection (a), a contempt shall be prosecuted on notice. The notice shall state the time and place of hearing; allowing reasonable time for the preparation of the defense, and shall state the essential facts constituting the contempt charged and describe it as such. COL 6/21/2023 CH. 34 CONTEMPT OF COURT

(c)Unless some shorter time has been set by the court, three

(3)calendar days notice (excluding Saturdays, Sundays, and Holidays) shall be deemed reasonable time for notice of a contempt action based in part or in whole upon an alleged assault or contempt based in whole or in part on violation of an order to leave someone alone.

(d)Unless some shorter time has been set by the court, five

(5)calendar days notice (excluding Saturdays, Sundays, and Holidays) shall be sufficient reasonable notice for contempt actions which are not based in part or in whole upon an alleged assault nor based in whole or in part upon a violation of an order to leave someone alone.

(e)The notice shall be given orally in open court by the judge in the presence of the person charged with contempt ordering that person to appear at the hearing, or on application of the Attorney General, on application by an aggrieved party, or on application of a Guam attorney representing an aggrieved party. The contempt may be prosecuted by an order of arrest, by an order to show cause issued without notice ordering the contemptuous person to appear, or by motion based upon affidavit. Any such motion, order of arrest or order to show cause shall be personally served upon the person so charged; provided, however, that if it appears to the court that a person so charged is avoiding service and that person cannot be found and that person has an attorney of record who is actively at that time representing the person, then, upon ex parte motion with notice to the attorney involved, the court may authorize service on the attorney. If a motion for contempt is made, the clerk of court shall, upon ex parte request of the complaining party without notice to the person charged, issue without charge a summons directed to the person charged with contempt ordering him or her to appear at the hearing on the motion. Such summons shall be personally served on the person so charged.

(f)If the person charged with contempt is entitled to a trial by jury, such trial shall be provided.

(g)A person charged with contempt who is in custody or who is requested to be placed in custody for a contempt is entitled to be released pending hearing as provided in Chapter 40, Title 8, COL 6/21/2023 CH. 34 CONTEMPT OF COURT Guam Code Annotated. If the contempt is based upon violation of an order to leave someone alone, the court shall treat the alleged violation as an alleged violation of conditions of release in determining suitability and criteria for release as set forth in Chapter 40, Title 8, Guam Code Annotated. If the contempt charged involves disrespect to or a criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the consent of the person charged with contempt. Upon a verdict or finding of guilt, the court shall enter an order fixing the punishment.

(h)If an attorney admitted to practice law in Guam is convicted of a contempt or pleads guilty or nolo contendere to a contempt charge, the judge hearing the same shall immediately notify the ethics committee of the Guam Bar Association in order that disciplinary action may be taken, if appropriate. Upon receipt of such a notification, the Guam Bar Association shall undertake an investigation as to whether the attorney should be disciplined.

(i)In any contempt action involving support, if the court finds that a contempt occurred, the court may modify previous orders as may be appropriate in any contempt proceeding if such modifications are found by the court to be in the best interests of the minor child or children.

(j)In any contempt action involving support, if the court finds that a contempt occurred, the court may order the suspension of a motor vehicle operator’s license, a professional or occupational license, or recreational license, or order denial of an application therefor, until the contemnor purges that person’s contempt in such manner as the court directs.