Determination of Judicial Disqualification

(a)The Supreme Court of Guam shall constitute a special court to receive the recommendation of the subcommittee and conduct a hearing thereon.

(b)Following certification by the subcommittee, the special court may subpoena witnesses, administer oaths, and take testimony relating to the charge and may order the production for examination of any books or papers relative to the charge.

(c)The special court shall set a time and place for a hearing, giving notice to the complainant and the Justice or Judge involved. All parties shall have an opportunity to:

(1)Be heard;

(2)Subpoena witnesses and require the production of any books or papers relating to the proceedings;

(3)Be represented by counsel;

(4)Have the right of cross examination. All witnesses shall testify under oath and the hearing shall be closed to the public unless the Justice or Judge complained against requests for an open hearing. The special court shall not be bound by the rules of evidence but its findings must be based upon competent and substantial evidence.