services or for other service to the government of Guam, such judge or justice shall, in the same manner as other government of Guam employees, deposit with the Government of Guam Retirement Fund such sum as may be prescribed by law or regulations before any such prior services can be included in the computation of his total services for the purposes of computing any benefits to which he or his survivors shall be entitled under the provisions of the Government of Guam Retirement Fund.

(d) If any judge or justice who has elected to bring himself within the purview of the Government of Guam Retirement Fund relinquished the office by resignation or otherwise, and he is not entitled to any salary, such judge or justice shall be entitled to any benefit from the Government of Guam Retirement Fund in the same manner as other government of Guam employees may be entitled.

(e) Upon the death of a judge or justice who has elected to bring himself within the purview of the Government of Guam Retirement Fund, the surviving widow and/or the dependent children of such judge or justice shall be entitled to such annuities as may be prescribed by law in the same manner as other government of Guam employees.

§ 81.5 Assignment of retired judge or justice to active duty:

(a) Any retired judge or justice may be designated and assigned by the presiding judge of the Superior Court to perform without additional compensation such judicial duties in any court of the territory of Guam as he is willing to undertake.

(b) No retired judge or justice shall perform judicial duties except when designated and assigned.

(c) All designations and assignment of judges or justices shall be filed with the clerk and entered on the minutes of the court from and to which made.

§ 81.6 Powers upon designation and assignment. (a) A judge or justice shall discharge, during the period of his designation and assignment, all judicial duties for which he is designated and assigned. He may be required to perform any duty which might be required of a judge of the court to which he is designated and assigned, provided, however, that such judge or justice shall not be designated or assigned to hear any felony case.

(b) Such judge or justice shall have all the powers of a judge of the court to which he is designated and assigned, except the power to appoint any person to any position or designate perma

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nently a depository of funds or a newspaper for publication of legal notices.

(c) A judge or justice who has sat by designation and assignment in any court may, notwithstanding the expiration of the period of his designation and assignment, decide or join in the decision and final disposition of all matters submitted to him during such period and in the consideration and disposition of application for re-hearing or further proceedings in such matters.

§ 81.7 Notwithstanding any provision of law to the contrary, any judge or justice shall be permitted upon retirement from active duty to elect whether (1) he wishes to be covered by § 81.3 of this Chapter if otherwise qualified; or (2) whether he desires to avail himself of the annuities under the Government of Guam Retirement Fund if he is a member of that Fund. [§§ 81.1-81.7 added by P.L. 12-198, effective January 3, 1975.]

§ 82. Original jurisdiction. The Superior Court shall have original jurisdiction in all cases arising under the laws of Guam, civil or criminal, in law or equity, regardless of the amount in controversy, except for causes arising under the Constitution, treaties, laws of the United States, and any matter involving the Guam Territorial income tax. [Enacted 1953; amended by P.L. 9-256, effective January 8, 1969; repealed and reenacted by P.L. 12-85, effective July 1, 1974.]

§ 83. Appellate jurisdiction and procedure. The Superior Court shall have appellate jurisdiction in all cases tried and determined in the Traffic Court in which the punishment imposed is a fine of more than Twenty-Five Dollars ($25.00) or imprisonment, or both. Such an appeal shall be taken within two (2) court days after the judgment is rendered by the Police Court and shall be taken by filing a written notice of appeal with the clerk of the Superior Court. The procedure on appeal may be prescribed by rules adopted by the Judicial Council. To the extent not so prescribed the procedure shall be governed by the Penal Code and by the rules of the Superior Court. [Enacted 1953; repealed and reenacted by P.L. 12-85, effective July 1, 1974.]

$ 84. Procedure, rules and writs. The practice and procedure in the Superior Court may be prescribed by rules adopted by the Judicial Council. The Superior Court may from time to time prescribe rules for the conduct of business consistent with law and with the rules prescribed by the Judicial Council. The Superior Court may issue writs of habeas corpus, certiorari, or

review, mandamus or mandate, prohibition and all other writs necessary or appropriate in aid of its original jurisdiction and agreeable to the usage and principles of law. [Enacted 1953; amended by P.L. 9-256, effective July 31, 1969, § 84 was repealed and reenacted by P.L. 12-85, effective July 1, 1974.]

§ 85. Presiding judge; powers. The presiding judge of the Superior Court shall prescribe the order of business in the Superior Court and distribute the business and assign the cases to the judges of the court. The presiding judge may preside at any session of the court which he attends. During his absence or disability or in the case of a vacancy in the office of presiding judge, his duties shall be performed by the judge who is senior in tenure among the other judges of the court. [Enacted 1953; repealed and reenacted by P.L. 12-85, effective July 1, 1975.]

§ 89.1. Pending cases. All actions and proceedings arising under the laws of Guam pending in the District Court of Guam upon the effective date of this Act, shall be prosecuted to final determination in that court as though this Act had not been passed. [Added by P.L. 12-85, effective July 1, 1974]

CHAPTER III-A

Nonpartisan Selection of Judges

$ 90. Appointments to fill vacancies. Whenever a vacancy shall occur in the office of judge of the Island Court, or of the Police Court, the Legislature shall fill such vacancies by appointing one of three persons possessing the qualifications for such office, who shall be nominated and whose names shall be submitted to the Legislature by the Judicial Council of Guam. [Amended by P. L. 10-16, effective February 27, 1969, P.L. 10-17, effective February 27, 1969, and by P.L. 11-95, effective October 14, 1971.]

§ 91. Notice of expiration of term of a judge of the Island Court or of the Police Court. Within not less than sixty (60) days nor more than ninety (90) days before the expiration of the term of office of any judge of the Island Court or of the Police Court, the administrative director of the courts of Guam, or his successor, shall so notify the chairman of the Committee on Judiciary of the Legislature of the judge whose term of office

is about to expire and the date his term shall expire. [Repealed and reenacted by P.L. 11-95, effective October 14, 1971.]

§ 92. Legislature to affirmatively vote for removal upon expiration of term. Upon receipt of the notification referred to in Section 91, the Committee on Judiciary of the Legislature may hold public hearings on the question of whether or not the judge concerned shall remain in office. The Committee on Judiciary shall, upon completion of its investigation, report its findings to the Legislature at any regular or special session thereof. Upon receipt of the report of the Committee on Judiciary, the Legislature, by an affirmative vote of two-thirds of the members, may remove such judge from office upon expiration of such judge's term of office. Failure of the Legislature to so vote for the removal of the judge concerned on or before the expiration date of the term of office of such judge shall constitute reappointment of such judge for an additional term of eight (8) years. [Repealed and reenacted by P.L. 11-95, effective October 14, 1971.]

§ 93. Judicial Qualification Commission. There is hereby created a Judicial Qualification Commission composed of three (3) members, such members to consist of the chairman of the Committee on Judiciary of the Guam Legislature, the Attorney General of Guam, and the President of the Guam Bar Association. The Commission shall have the following powers and duties:

(1) It shall initiate, receive and consider charges concerning alleged misconduct or incapacity of a judge of the Island Court or the Police Court.

(2) It may subpoena witnesses, administer oaths and take testimony relating to matters before it.

(3) It shall report its findings and make recommendations to the Island Court for action. [Added by P.L. 11-95 effective October 14, 1971.]

§ 94. Commission procedure. (a) Any charges against a judge must be in writing, signed by the person making the charge under oath, except that any charge initiated by the Commission must be signed by at least two (2) members of the Commission. The Commission shall notify in writing every judge against whom a charge is received and afford him an opportunity to explain the charges. The Commission shall

investigate all charges on a confidential basis, having available all the powers herein provided, and proceedings shall not be public. If a majority of the members of the Commission determine that there is probable cause for belief that a judge appears to be so incapacitated as substantially to prevent him from performing his judicial duties or has acted in a manner that constitutes willful misconduct in office, willful and persistent failure to perform his duties, habitual intemperance, or conduct so prejudicial to the administration of justice that it brings the judicial office into disrepute, the Commission shall certify its findings to the Chief Judge of the Island Court within thirty (30) days after such determination.

(b) Any Commission member or individual, including the individual making the charge, who divulges information concerning the charge prior to the certification of the charge by the Commission to the Chief Judge of the Island Court, or if the investigation discloses that the certification should not be issued by the Commission, at any time divulges any information concerning the original charge, or divulges the contents or discloses, except as permitted by this Code, shall be guilty of a misdemeanor which shall be punishable by a fine of not more than Five Hundred Dollars ($500) or imprisonment of not more than six (6) months, or both. [Former § 94 renumbered to § 99 and new § 94 added by P.L. 11-95 effective October 14, 1971.]

§ 95. Rules and regulations. All the hearings and proceedings by the Commission shall be governed by this Code and by the rules and regulations adopted by the Commission. [Added by P.L. 11-95, effective October 14, 1971.]

§ 96. A special court of judges of the Island Court shall conduct hearings. (a) The Chief Judge of.the Island Court and two (2) judges of the Island Court designated by the Chief Judge or in the event of disqualification of a judge or judges of the Island Court, a member or members from the Guam Bar Association designated by the Chief Judge, shall constitute a special court to receive the recommendation of the Commission and conduct a hearing thereon;

(b) Following certification by the Commission, 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 judge involved. All parties

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