(e) Recommendations. The Juvenile Justice and Delinquency Prevention Commission may recommend to the Juvenile Court and to the Judicial Council such changes or additions it considers beneficial. The Commission may publicize its recommendations. [Repealed and added by P.L. 10-164, approved July 9, 1970, effective August 8, 1970; bracketed words added by Editor.]

§ 272. Appeals. An interested party aggrieved by order or decree of the court may appeal to the Supreme Court. Written notice of appeal shall be given to the Juvenile Court within ten (10) days after the entry of the order or decree to be appealed from. The notice of said appeal shall be in writing, shall be verified, shall state fully the grounds therefor and shall include copies of the petition and court orders and a narrative statement of the proceedings authenticated by the judge of the Juvenile Court, together with all exceptions to such narrative statement noted by the parties. All such papers shall be presented to the Supreme Court within such time as that court may by rule prescribe.

An appeal shall be heard at the earliest practicable time. In the Supreme Court the case shall be heard on the law and the facts as established by the record.

The pendency of an appeal shall not suspend the order of the Juvenile Court regarding a child nor shall it discharge the child from custody of that court or of the person, institution or agency to whose care such child shall have been committed.

If the Supreme Court does not dismiss the proceedings and discharge the child, it shall affirm or modify the order of the Juvenile Court and remand the child to the jurisdiction of that court for supervision and care, and thereafter the child shall be and remain under the jurisdiction of the Juvenile Court in the same manner as if no appeal had been taken. [Enacted 1953; amended by P.L. 12-85, effective July 1, 1974.]

PART II

Civil Actions

TITLE VIII

Trial and Judgment in Civil Actions

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CHAPTER VIII

Trial By Jury

§ 680.1(b) Right to jury trial. In all cases at law in which the demand, exclusive of interest and costs, or the value of the property in controversy, amounts to more than Twenty Dollars ($20.00), and in all criminal cases where the authorized punishment of confinement exceeds thirty (30) days imprisonment, the parties shall be entitled to a trial by jury. Provided, however, that in all criminal cases where the authorized punishment of confinement does not exceed thirty (30) days imprisonment, the granting of a trial by jury shall be within the sole discretion of the trial judge. [Added by P.L. 3-42, effective October 1, 1955; repealed and added by P.L. 9-256, effective January 8, 1969; amended by P.L. 12-85, effective July 1, 1974.] [See American Pacific v. Siciliano (1956) 235 F2d. 74.]

§ 680.3 Random jury selection. (a) Management and supervision of jury selection process. The clerk shall manage the jury selection process under the supervision and control of the presiding judge.

(b) Random selection from lists of registered voters. The Legislature finds that the lists of registered voters for the last general election in Guam represent a fair cross-section of the community of Guam. The clerk shall make the random selection of names as follows: One out of every ten (10) names from such lists shall be selected by first selecting a starting number, by chance, between one and ten, and every tenth name thereafter shall be selected. (c) Master jury wheel. The clerk shall maintain a master jury wheel for the territory. The names of all persons randomly selected from the voter registration lists shall be placed in the master jury wheel. Initially, the master jury wheel shall be filled on or before January 1, 1969, with approximately one thousand, seven hundred (1,700) names randomly selected from the 1968 Guam general election voter registration lists which the Legislature finds consists of approximately seventeen thousand (17,000) names. The presiding judge may order additional names to be placed in the master jury wheel from time to time, as required. The master jury wheel shall be emptied and refilled between November 1 and January 1 of every fourth year thereafter.

(d) Excuses on individual request. The Legislature hereby finds that jury service by members of the following occupational classes or groups of persons would entail undue hardship or extreme inconvenience to the members thereof, and that the

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excuse of such members will not be inconsistent with this Title, and shall be granted upon individual request:

(1) Persons over seventy (70) years of age;

(2) Actively engaged members of the clergy;

(3) Actively practicing attorneys, physicians, dentists and registered nurses;

(4) Persons who have served as a grand or petit juror in a state, territorial, or Federal court within the past two (2) years;

(e) Exemption from jury service. The Legislature hereby finds that the exemption of the following groups of persons or occupational classes is in the public interest and would not be inconsistent with this Title, and accordingly members of such groups are exempt from jury service.

(1) Members in active service of the Armed Forces of the United States;

(2) Members of the Fire or Police Division of the Department of Public Safety, or employees of government contractors engaged in providing internal security or fire protection by such contractors;

(3) Public officers in the executive, legislative or judicial branches of the government of the United States or of the government of Guam, who are actively engaged in the performance of official duties. [Enacted by P.L. 3-42, effective October 1, 1955; repealed and added by P.L. 9-256, effective January 8, 1969; amended by P.L. 11-187, effective November 20, 1972; repealed and reenacted by P.L. 12-85, effective July 1, 1975.]

§ 680.4 Drawing of names from the master jury wheel; completion of juror qualification form. (a) From time to time as directed by the court, the clerk or a judge shall publicly draw at random from the master jury wheel the names of as many persons as may be required for jury service. The clerk shall prepare an alphabetical list of the names drawn, which list shall not be disclosed to any person except pursuant to §§ 680.3, 680.7, and 680.8 of this Title. The clerk shall have delivered to every person whose name is drawn from the master jury wheel a juror qualification form accompanied by instructions to fill out and return the form, duly signed and sworn, to the clerk by mail or in person within ten (10) days. If the person is unable to fill out the form, another shall do it for him, and shall indicate that he has done so and the reason therefor. In any case in which it appears that there is an omission, ambiguity, or error in the form, the

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clerk shall return the form with the instructions to the person to make such additions or corrections as may be necessary and return the form to the clerk within ten (10) days. Any person who fails to return a completed juror qualification form as instructed may be summoned by the clerk forthwith to appear before the clerk to fill out a juror qualification form. A person summoned to appear because of failure to return a juror qualification form as instructed who personally appears and executes a juror qualification form before the clerk may, at the discretion of the court, except where his prior failure to execute and mail or deliver such form was wilful, be entitled to receive for such appearance the same fees and travel allowances paid to jurors under § 680.11 of this Title. At the time of his appearance for jury service, any person may be required to fill out another juror qualification form in the presence of the clerk of the court, at which time, in such cases as it appears warranted, the person may be questioned, but only with regard to his responses to questions contained on the form. Any information thus acquired by the clerk may be noted on the juror qualification form and transmitted to the Presiding Judge.

(b) Any person summoned pursuant to Subsection (a) of this section who fails to appear as directed shall be ordered by the court forthwith to appear and show cause for his failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance with the summons may be fined not more than One Hundred Dollars ($100.00) or imprisoned for not more than three (3) days, or both. [Added by P.L. 3-42, effective October 1, 1955; repealed and added by P.L. 9-256, effective January 8, 1969; amended by P.L. 12-85, effective July 1, 1974.]

§ 680.5. Qualifications for jury service. (a) The Presiding Judge, on his initiative or upon recommendation of the clerk, shall determine solely on the basis of the information provided on the juror qualification form and other competent evidence whether a person is unqualified for, or exempt, or to be excused from jury service. The clerk shall enter such determination in the space provided on the juror qualification form and the alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a summon, such fact shall be noted on said list.

(b) In making such determination the Presiding Judge shall deem any person qualified to serve on grand and petit juries unless he:

(1) is unable to read, write and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form;

(2) is unable to speak the English language;

(3) is incapable, by reason of mental or physical infirmity, to render satisfactory jury service; or

(4) has a charge pending against him for the commission of, or has been convicted in a state, territorial, or Federal court of record of, a crime punishable by imprisonment for more than one (1) year and his civil rights have not been restored by pardon or amnesty. [Added by P.L. 3-42, effective October 1, 1955; amended by P.L. 3-48, effective February 23, 1956; repealed and added by P.L. 9-256, effective January 8, 1969; amended by P.L. 11-187, effective November 20, 1972; amended by P.L. 12-85, effective July 1, 1974.]

§ 680.7(f) The contents of records or papers used by the clerk in connection with the jury selection process shall not be disclosed, except pursuant to the Superior Court plan or as may be necessary in the preparation or presentation of a motion under Subsection (a), (b), or (c) of this section, until after the master jury wheel has been emptied and refilled pursuant to § 680.3 (c) of this Title and all persons selected to serve as jurors before the master wheel was emptied have completed such service. The parties in such case shall be allowed to inspect, reproduce, and copy such records or papers at all reasonable times during the preparation and pendency of such a motion. Any person who discloses the contents of any record or paper in violation of this subsection may be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year or both. [Added by P.L. 3-42, effective October 1, 1955; amended by P.L. 4-71, effective March 6, 1958; repealed and added by P.L. 9-256, effective January 8, 1969; subsection 680.7 (f) amended by P.L. 12-85, effective July 1, 1974.]

§ 680.9(b) 'Presiding Judge' shall mean the Presiding Judge of the Superior Court of Guam; [Added by P.L. 3-42, effective October 1, 1955; repealed and added by P.L. 9-256, effective January 8, 1969; amended by P.L. 12-85, effective July 1, 1974.]

§ 680.11. Fees. Jurors shall receive the following fees for actual attendance at the place of trial and for the time necessarily occupied in going to and from such place, at the beginning and end of such service or at any time during the same: Twenty Dollars ($20.00) per day, except that any juror required to attend