shall have an opportunity (1) to be heard, (2) subpoena witnesses and require the production of any books or papers relative to the proceedings, (3) to be represented by counsel, and (4) to have the right of cross-examination. All witnesses shall testify under oath and the hearings shall be closed to the public unless the judge complained against requests an open hearing. The special court shall not be bound by the strict rules of evidence but its findings must be based upon competent and substantial evidence. Added by P.L. 11-95, effective October 14, 1971.] § 97. Removal for cause by special court. If after conducting its investigation thereof pursuant to Section 96 of this Code, two of the three members of the special court find that the judge under charge should not remain in office, the court shall remove such judge from office within thirty (30) days after its findings have been so made. The judge so removed shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. If the impeachment is originated by a complaint signed by a judge or judges of the Island Court, such member or members shall not be permitted to sit on or participate in the decisions of the special court. [Added by P.L. 11-95, effective October 14, 1971.] § 98. An appeal to the Appellate Division of the District Court may be taken by any judge removed by the special court pursuant to Section 97 of this Code. [Added by P.L. 11-95 effective October 14, 1971.] $99. Prohibition of political activity by judges. No judge of any court shall directly or indirectly make any contribution to or hold any office in a political party or organization, or take part in any political campaign. [§ 99 renumbered from § 94 and amended by P.L. 11-95 effective October 14, 1971.] CHAPTER IV § 101. Appointment, tenure and salary of judge. [Enacted 1953; amended by P.L. 5-79, effective March 14, 1960; repealed and added by P.L. 10-16, effective February 27, 1969; amended by P.L. 11-95, effective October 14, 1971; repealed by P.L. 12-85, effective July 1, 1974.] § 101a. Assignment of Island Court judges to the Police 16 Court as additional duty. [Added by P.L. 11-21, effective March 16, 1971; repealed by 12-85, effective July 1, 1974.] § 102. Original Jurisdiction. [Enacted 1953; amended by P.L. 4-54, effective February 14, 1958; repealed by P.L. 12-85, effective July 1, 1974.] § 103. Transfer of cases to Island Court. [Enacted 1953; repealed by P.L. 5-79, effective March 14, 1960.] § 104. Appellate jurisdiction. [Enacted 1953; repealed by P.L. 12-85, effective July 1, 1974.] § 105. Procedure. [Enacted 1953; repealed by P.L. 12-85, effective July 1, 1974.] § 106. Sessions. [Enacted 1953; repealed by P.L. 12-85, effective July 1, 1974.] § 107. Clerk. [Enacted 1953; repealed by P.L. 12-85, effective July 1, 1974.] CHAPTER VI Judicial Council § 121. Composition. There shall be a Judicial Council of Guam, which shall consist of the Chief Justice of the Supreme Court, who shall be chairman, the presiding judge of the Superior Court, the Chairman of the Committee on Judiciary of the Legislature, the Attorney General of Guam and the President of the Guam Bar Association. The concurrence of a majority of the members present, there being a quorum present, shall be necessary to any action taken by the Judicial Council. The Judicial Council shall select its own secretary. No member or officer of the Judicial Council, except the secretary, shall receive any compensation. [Enacted 1953; amended by P.L. 5-12, effective March 11, 1960; amended by P.L. 5-79, effective March 14, 1960; further amended by P.L. 9-156, effective January 8, 1969; amended by P.L. 11-126, effective March 24, 1972; repealed and reenacted by P.L. 12-85, effective July 1, 1974.] 17 § 123 CODE OF CIVIL PROCEDURE § 123. Rules of procedure. [Enacted 1953; repealed and reenacted by P.L. 9-256, effective January 8, 1969; repealed by P.L. 12-85, effective July 1, 1974.] § 124. Observance of rules and orders. [Enacted 1953; repealed by P.L. 12-85, effective July 1, 1974.] § 123. Rules of procedure. The Judicial Council shall have the power to prescribe by general rules, the forms of process, writs, pleadings and motions, and the practice and procedure of the courts of Guam in both civil and criminal actions, and appeals therein, and the practice and procedure in proceedings for the judicial review or enforcement of orders of administrative agencies, boards, commissions, and officers. Such rules shall not abridge, enlarge, or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Sixth and Seventh Amendments to the Constitution. Such rules shall not take effect until they have been reported to the Legislature by the Chairman of the Judicial Council, and until the expiration of ninety (90) days after they have been thus reported. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. Any such rules heretofore prescribed by the Judicial Council shall remain in effect but shall be reported to the Legislature by January 15, 1969. Any rule may be annulled or amended by a law limited to the purpose. [Amended by P.L. 10-180, effective August 15, 1970. Amended by P.L. 11-151, effective July 13, 1972.] P.L. 10-2, effective February 3, 1969, contained the following pertinent language: "Notwithstanding the provisions of § 123 of the Code of Civil Procedure or any other conflicting provisions of the law, the Rules Regulating Practice in Civil Cases Before the Island Court of Guam and the Rules Regulating Practice in Criminal Cases Before the Island Court of Guam, as such rules read prior to the effective date of Public Law 9-256, Ninth Guam Legislature, together with those provisions of the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, respectively, relating to trial by jury, shall be the rules of practice for the Island Court of Guam upon approval of this Act by the Governor of Guam."] 18 CHAPTER VII General Provisions Respecting Courts of Justice § 136. Assignment and appointment of temporary judges. If the proper dispatch of the business of the Superior Court so requires, the Legislature, upon the request of the Chief Justice, may appoint a judge pro tempore to serve for a designated temporary period in the court. [Enacted 1953; amended by P.L. 12-85, effective July 1, 1974.] TITLE II Judicial Officers CHAPTER I Powers of Judges in Chambers § 165. Powers of presiding judge of appellate division. [Enacted 1953; repealed by P.L. 12-85, effective July 1, 1974.] § 166. Powers of judges. The judges of the Superior Court may, in chambers, in matters within the jurisdiction of the court: 1. Grant all orders and writs which are usually granted in the first instance upon an ex parte application, hear and dispose of such orders and writs, appoint appraisers, receive inventories and accounts to be filed, suspend the powers of executors, administrators or guardians in the case allowed by law, grant special letters of administration or guardianship, approve claims and bonds and direct the issuance from the court of all writs and process necessary in the exercise of their powers in the matters of probate; 2. Hear and determine all motions made pursuant to §§ 657 or 663 of the Code of Civil Procedure; and 3. Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications and other matters pending before the court other than actions for divorce, maintenance of annulment of marriage, and except also applications for confirmation of sale of real property in probate proceedings. A judge may, out of course, anywhere in the territory, exercise all the powers and perform all the functions and duties conferred upon a judge as contradistinguished from the court or which a judge may exercise or perform in chambers. [Enacted 1953; amended by P.L. 12-85, effective July 1, 1974.] TITLE V Juvenile Court CHAPTER I General Provisions § 261. Youth Correctional Facilities. The Juvenile Court shall maintain facilities for the temporary or continuing care, custody or detention, or commitment of children, or the court may arrange for use of private homes for such care or detention, subject to the supervision of the court. (a) Direct Supervision by Court. Wards of such correctional facilities shall be under the direct supervision of the Juvenile Court in order to apply more advantageously the salutary effect of home and family environment upon them, and also in order to secure a better classification and segregation of such wards according to their capacities, interests, and responsiveness to control and responsibilities, and to give better opportunity for reform and encouragement of self discipline in such correctional facilities. (b) Rules. The Judicial Council shall promulgate such rules as may be necessary for the guidance of all youth correctional or detention facilities, which rules shall be transmitted to the Legislature pursuant to § 123 of this Code. • (c) Juvenile Justice and Delinquency Prevention Commission. There is hereby created a Juvenile Justice and Delinquency Prevention Commission which shall consist of the following members: Chief Judge of the Island Court, the Chairman of the Committee on Children and Youth, [a member] of the Legislature, or his representative, the Attorney General of Guam, or his representative, the Director of Public Health and Social Services, or his representative, the Public Defender, or his representative, a representative of a religious order, and a representative of a civic organization. The Chief Judge of the Island Court shall be the chairman. (d) Duties of Commission. It shall be the duty of the Juvenile Justice and Delinquency Prevention Commission to inquire into the administration of the Juvenile Court law and management and supervision of the juvenile detention or correctional facilities. For this purpose, the Commission shall have access to all facilities, shall inspect such facilities no less than once a year, and may hold hearings. The Commission shall have the power to issue subpoenas requiring attendance and testimony of witnesses and production of papers at the hearings. |