§1424–3 Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules; appeals to appellate court

Summary

Before Guam’s Supreme Court is created, the District Court of Guam must hear appeals from Guam’s local courts as the legislature decides. The legislature cannot stop review of any case that raises the U.S. Constitution, treaties, federal laws, actions by U.S. officers or agencies, or whether a Guam law or action follows U.S. law or the Constitution. Appeals to the District Court go to an appellate division of three judges (two make a quorum). The district judge is the presiding judge. Other judges are picked from those serving on or assigned to the district court, and at most one may be a judge of a Guam court of record. Two judges must agree on decisions. The presiding judge can make pre-hearing orders and dismiss appeals for lack of jurisdiction or failure to pursue them. Final decisions of the appellate division can be appealed to the United States Court of Appeals for the Ninth Circuit, which may make rules to carry this out. When Guam’s Supreme Court is set up, new appeals from local courts go there, but cases already pending in the District Court stay there and can still be reviewed by the Ninth Circuit and the U.S. Supreme Court.