Magistrates

(a)The Chief Justice of the Supreme Court of Guam may appoint such magistrates as are necessary for the proper administration of justice. A magistrate shall be appointed as follows:

(1)Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the position of magistrate;

(2)The Guam Bar Association will then submit the names of three

(3)candidates to the Chief Justice;

(3)The Chief Justice must appoint the magistrate from the list provided by the Guam Bar Association.

(4)The appointment by the Chief Justice is subject to the approval of I Liheslaturan Guåhan.

(b)A magistrate shall:

(1)serve a four

(4)year term, removable for cause;

(2)be at least thirty

(30)years of age;

(3)meet the qualifications required of a Superior Court Judge as articulated by §§ 3109(c),

(d)and (e), Title 7, GCA;

(4)be a member in good standing of the Guam Bar Association;

(5)not have been convicted of any felony or any misdemeanor involving moral turpitude;

(6)not be related by blood within the third degree of consanguinity or marriage to a judge or justice of the courts of Guam at the time of his or her initial appointment;

(7)be subject to the same ethical standards as a Superior Court Judge or Justice, to include the Guam Rules for Judicial Disciplinary Enforcement; and

(8)receive a salary no greater than ninety percent (90%) of a Judge who is not the Presiding Judge.

(c)As assigned by the Chief Justice, a magistrate shall:

(1)preside over and render decisions and judgments in small claims cases, traffic cases, change of name petitions, and collection cases, and may grant uncontested divorces in cases where there is a notarized consent on file;

(2)enter judgment upon confession of judgment or default judgment in a civil case when a party alleges a sum certain is due;

(3)preside over post-judgment collection proceedings in civil cases and restitution judgments in criminal cases, and issue writs of execution and other orders in such proceedings;

(4)preside over first appearances of criminal defendants and arraignments in criminal cases, set or modify bail and order pre-trial release conditions or detention, take pleas, including accepting guilty pleas in misdemeanor cases, sentencing misdemeanants, and entering judgments accordingly;

(5)issue summons, issue bench warrants, and hear return of warrants in all cases;

(6)preside over any matters which may be heard by a Referee of the Superior Court of Guam;

(7)serve as a Special Master upon appointment by the Presiding Judge;

(8)serve as Judge Pro Temporare upon appointment by the Chief Justice; CH. 4 SUPERIOR COURT

(9)serve as a settlement judge in a civil or domestic case upon appointment by the Presiding Judge;

(10)conduct criminal trial setting hearings;

(11)preside over preliminary hearings in criminal cases, and render decisions and judgments over procedural and discovery motions in criminal matters;

(12)preside over initial scheduling conferences in civil matters, to include, but not limited to: initial pretrial conferences, case scheduling, discovery disputes, motions, and settlement efforts;

(13)preside over unlawful detainer proceedings;

(14)hear and determine any pretrial matter, other than case dispositive motions, and preside over status hearings in all matters;

(15)issue search warrants and issue arrest warrants in all cases;

(16)take grand jury returns; and

(17)solemnize marriages.

(d)The Chief Justice may reappoint a sitting magistrate without confirmation by I Liheslaturan Guåhan upon a unanimous recommendation of the Judicial Council:

(1)for one

(1)additional term of four

(4)years; or

(2)until a new magistrate is appointed and duly confirmed, but not to exceed ninety

(90)days.