Selection of Justices or Judges

Whenever a permanent vacancy shall occur in the office of the Chief Justice or of an Associate Justice of the Supreme Court, or whenever a vacancy shall occur in the office of the Presiding Judge or of a Judge of the Superior Court, I Maga’håga/Maga’låhi, unless there has been a declaration made pursuant to § 4101(c) of this Title, shall fill such vacancy by appointing a person possessing the qualifications for such office. The Council and the Guam Bar Association may each submit to I Maga’håga/Maga’låhi a list of qualified nominees for his or her consideration. In evaluating the nominees, I Maga’håga/Maga’låhi, the Council, and the Guam Bar Association shall consider their character, reputation in the community, experience in the practice of law, and, to the extent that such matters are discernible, whether the nominees possess “judicial temperament.” 2025 NOTE: References to the “Governor” replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. 1985 SOURCE: CCP § 90 as modified. COMMENT: The 1985 Bill proposed reinstating a true “Missouri Plan” where the Governor was bound to pick one person from among a list submitted by the Council. This plan was dropped from the 1992 Act and the Governor now selects judges unhindered by any legal requirements of pre-selection by the Council. The reference to “judicial temperament” comes from American Bar Association suggestions for the selection of judicial candidates. However, some opinion states that one can never predict if a person has or does not have “judicial temperament” or even agree on just what it is. Therefore, the section does not attempt to make evaluation of this sometimes elusive quality mandatory.