Discipline of Attorneys

(a)The Bar of Guam, through its Ethics Committee, is authorized to investigate and to hear all complaints brought by any source, or on its own motion, against attorneys admitted to the Bar of Guam. The Ethics Committee is authorized to investigate and hear and any complaints, or, on its own motion, initiate an investigation and complaint against any person who is alleged to be engaged in the unauthorized practice of law.

(b)The Ethics Committee shall establish rules governing the investigation, hearing and recommendation procedures relating to all matters coming before it. Such rules shall be approved by the Superior Court.

(c)Upon concluding its investigation, the Ethics Committee shall, if it COL070307 CH. 9A A TTORNEY ADMISSION AND D ISCIPLINE determines discipline is to be recommended, or finds unauthorized practice of law, report to the Superior Court what action it recommends with respect to the complaint.

(d)The Ethics Committee may also attempt to mediate any complaint before it and, if it deems the behavior to be a minor infraction, issue a reprimand, public or private, as it deems proper. The Ethics Committee shall always consider the interests of both the complainant and of the profession as a whole when taking action under this subsection.

(e)Upon receipt of a recommendation for discipline, the Presiding Judge of the Superior Court shall promptly set the matter for a hearing. The hearing shall be conducted by a panel composed of three judges of the Superior Court and any decision shall require the concurrence of at least two of such judges. If any of the judges of the Superior Court shall disqualify themselves in the matter so that there are not three judges remaining to sit on the panel, the Presiding Judge shall appoint as judges pro tempore from attorneys as are admitted to the Bar of Guam and who are in good standing before it and who have not previously been subject of an order imposing discipline in Guam so as to make up a total of three judges to hear the discipline matter. At the hearing, the disciplinary case shall be prosecuted by such counsel as the Chairman of the Ethics Committee shall designate, or by himself. The evidence, if otherwise admissible, found in the record of the hearing of the Ethics Committee and presented to the Superior Court shall be admitted. The person who is the subject of the complaint may rebut such evidence or mitigate it, through witnesses, argument, or both, as he deems proper, subject to the Rules of Court for Disciplinary Procedure. The prosecuting counsel may introduce additional evidence.

(f)An aggrieved party may appeal from such judgment in the manner provided by § 9A210 of this Article.