GuamBill No. 97-38 (LS)38th Guam Legislature (2025-2026)legislatureWALLET

AN ACT TO REPEAL AND REENACT CHAPTER 11 OF TITLE 12, GUAM CODE ANNOTATED; AND TO AMEND §45.30(b) AND §45.40 OF CHAPTER 45, TITLE 8, GUAM CODE ANNOTATED; RELATIVE TO THE REORGANIZATION OF THE GUAM PUBLIC DEFENDER SERVICE CORPORATION TO PROVIDE EFFECTIVE LEGAL AID AND SERVICES TO PERSONS WHO ARE ENTITLED TO COUNSEL UNDER THE ORGANIC ACT OF GUAM, THE LAWS OF GUAM, AND THE UNITED STATES CONSTITUTION AND TO CITE THIS ACT AS THE “GUAM PUBLIC DEFENDER SERVICE CORPORATION ACT OF 2025.”

Sponsored By: Frank F. Blas Jr. (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Guaranteed counsel and defense standards

If you appear in court without a lawyer, the judge asks if you want one and if you can pay. If you want a lawyer and cannot pay, the court assigns counsel at public expense. The Corporation must accept appointments unless it has a conflict or excessive workload. The Board sets clear indigency rules and minimum standards, including quick appointment after arrest, training, workload limits, conflict‑free and private meetings, and access to experts and interpreters. These protections apply beginning October 1, 2025.

Free help for federal land takings

The Corporation represents eligible claimants in federal land takings cases under the Territorial Omnibus Act. It does not charge for services or require repayment of filing fees. You qualify if income is at or below 150% of the Guam poverty guideline, you receive welfare, or two private Guam Bar attorneys rejected you in writing. Help starts October 1, 2025.

Public Defender Board rules and pay

A seven‑member Board governs the Corporation. At least four members must be licensed lawyers, and various officials make the appointments. Some people cannot serve, including current judges, prosecutors, Bar officers, elected senators, and current contractors. Board members get $100 per meeting, capped at $200 per month. Meetings are open to the public and can be held online starting October 1, 2025.

Civil legal aid for low‑income people

The Corporation provides civil legal help to people with the greatest economic and social need. It does not take fee‑generating cases and focuses on those who otherwise would not get help. Services depend on available funds. This begins October 1, 2025.

New Guam Public Defender Agency

Guam creates an independent Public Defender Service Corporation. It sets core divisions, including Public Defender, Alternate Public Defender, Civil Law, and a Private Attorney Panel. All existing public defender employees move into the new corporation. The law takes effect October 1, 2025.

Stable funding and reporting for defenders

A separate Public Defender fund holds all money for the Corporation and can carry over funds year to year. The Judiciary keeps giving annual support from the Judicial Client Service Fund. The Corporation can apply for grants and agreements to expand services. It must use public accounting, send quarterly statements to the Legislature, and post an annual report. These rules begin October 1, 2025.

Panel attorneys paid $150 per hour

Private attorneys on the panel are paid $150 per hour, with case‑type caps. This rate applies until new compensation policies are adopted. Any rate increase needs a resolution from the Superior Court of Guam. The rule starts October 1, 2025.

Sponsors & Cosponsors

Sponsor

  • Frank F. Blas Jr.

    Republican • legislature

Cosponsors

  • Telo T. Taitague

    Republican • legislature

Roll Call Votes

All Roll Calls

Yes: 0 • No: 0

legislature vote 7/31/2025

Floor Vote

Yes: 0 • No: 0

Actions Timeline

  1. Referred to committee

    3/25/2025legislature
  2. Introduced as Bill No. 97-38 (LS)

    3/25/2025legislature
  3. Enacted into law

    Governor
  4. Transmitted to Governor

    legislature
  5. Committee report filed

    legislature

Bill Text

  • Introduced

    3/25/2025

  • Committee Report

  • Enrolled (Public Law)

  • Transmittal

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