(a) The Chief Justice of the Supreme Court of Guam may appoint such magistrates as are necessary for the proper administration of justice. A magistrate shall be appointed as follows: (1) Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the position of magistrate; (2) The Guam Bar Association will then submit the names of three (3) candidates to the Chief Justice; (3) The Chief Justice must appoint the magistrate from the list provided by the Guam Bar Association. (4) The appointment by the Chief Justice is subject to the approval of I Liheslaturan Guåhan. (b) A magistrate shall: (1) serve a four (4) year term, removable for cause; (2) be at least thirty (30) years of age; (3) meet the qualifications required of a Superior Court Judge as articulated by §§ 3109(c), (d) and (e), Title 7, GCA; (4) be a member in good standing of the Guam Bar Association; (5) not have been convicted of any felony or any misdemeanor involving moral turpitude; (6) not be related by blood within the third degree of consanguinity or marriage to a judge or justice of the courts of Guam at the time of his or her initial appointment; (7) be subject to the same ethical standards as a Superior Court Judge or Justice, to include the Guam Rules for Judicial Disciplinary Enforcement; and (8) receive a salary no greater than ninety percent (90%) of a Judge who is not the Presiding Judge. (c) As assigned by the Chief Justice, a magistrate shall: (1) preside over and render decisions and judgments in small claims cases, traffic cases, change of name petitions, and collection cases, and may grant uncontested divorces in cases where there is a notarized consent on file; (2) enter judgment upon confession of judgment or default judgment in a civil case when a party alleges a sum certain is due; (3) preside over post-judgment collection proceedings in civil cases and restitution judgments in criminal cases, and issue writs of execution and other orders in such proceedings; (4) preside over first appearances of criminal defendants and arraignments in criminal cases, set or modify bail and order pre-trial release conditions or detention, take pleas, including accepting guilty pleas in misdemeanor cases, sentencing misdemeanants, and entering judgments accordingly; (5) issue summons, issue bench warrants, and hear return of warrants in all cases; (6) preside over any matters which may be heard by a Referee of the Superior Court of Guam; (7) serve as a Special Master upon appointment by the Presiding Judge; (8) serve as Judge Pro Temporare upon appointment by the Chief Justice;
COL 2025-08-27
(9) serve as a settlement judge in a civil or domestic case upon appointment by the Presiding Judge; (10) conduct criminal trial setting hearings; (11) preside over preliminary hearings in criminal cases, and render decisions and judgments over procedural and discovery motions in criminal matters; (12) preside over initial scheduling conferences in civil matters, to include, but not limited to: initial pretrial conferences, case scheduling, discovery disputes, motions, and settlement efforts; (13) preside over unlawful detainer proceedings; (14) hear and determine any pretrial matter, other than case dispositive motions, and preside over status hearings in all matters; (15) issue search warrants and issue arrest warrants in all cases; (16) take grand jury returns; and (17) solemnize marriages. (d) The Chief Justice may reappoint a sitting magistrate without confirmation by I Liheslaturan Guåhan upon a unanimous recommendation of the Judicial Council: (1) for one (1) additional term of four (4) years; or (2) until a new magistrate is appointed and duly confirmed, but not to exceed ninety (90) days. SOURCE: Added by P.L. 29-109:2 (Aug. 26, 2008). Subsection (c) amended, subsection (d) added by P.L. 31-163:2- 3 (Jan. 4, 2012). Subsections (c)(10)-(13) added by P.L. 33-074:2 (Sept. 15, 2015). Subsection (c) amended by P.L. 35-113:2 (Dec. 11, 2020).