Judicial Council

(a) There shall be a Judicial Council (the Council). All full-time Justices of the Supreme Court shall sit on the Judicial Council. Two (2) Superior Court Judges shall also sit on the Judicial Council, which shall include the Presiding Judge who shall appoint the remaining Judge. Should a Supreme Court member leave the bench, then the Presiding Judge shall remove one (1) Superior Court member until such time as a new Supreme Court Justice is nominated, confirmed and seated on the Supreme Court. The Chairperson of the Council shall be the Chief Justice. In the event of absence of the Chief Justice, the senior full-time Associate Justice shall act as Chairperson. At no time shall a designated Justice or Judge or a Justice or Judge pro tempore sit as a member of the Judicial Council. (b) The Presiding Judge, in his or her absence, or the absence of the other Superior Court Judge, may appoint from among the Judges an alternate to sit on the Judicial Council to ensure an adequate number of members from the Superior Court of Guam. (c) The term of the member of the Council appointed by the Presiding Judge shall be for three (3) years. If a member is replaced, the replacement member shall only serve out the remaining term of the member replaced. (d) The quorum of the Council shall be a majority of the sitting members, whether present or not. The vote of a not less than a majority of the sitting members shall be required for any action by the Council. (e) The Council shall promulgate its own rules for its conduct and operation. Said rules shall include provisions designed to comply with the spirit and intent of 5 GCA Chapter 8, the Open Government Law of Guam. (f) The Council shall be attached to the Judicial Branch of the government of Guam. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 23-086:1 (Apr. 29, 1996). Repealed and reenacted by P.L. 24-139:33 (Feb. 21, 1998)(But see Court Decisions annotation below). Amended by P.L. 27-031:15 (Oct. 31, 2002). COURT DECISIONS: Pangelinan v. Gutierrez, 2000 Guam 11 ¶ 8 (“We find that Bill 495 [designated as P.L. 24- 139] was pocket vetoed and that the Legislature’s subsequent actions did not serve to ratify Bill 495.”), aff’d by Gutierrez v. Pangelinan, 276 F.3d 539 (9th Cir. 2002), cert. den. 537 U.S. 825 (Oct. 7, 2002). 1985 SOURCE: New Section. 1985 COMMENT: The former Judicial Council will cease to exist with the creation of the Supreme Court. The governing functions of the Judicial Council will be assumed by the Supreme Court, as is done in the several states. This Commission [renamed “Judicial Council” in 1992 Act] will assume new functions related to the business of the courts, but not governing them. Both the Attorney General and the Chairperson of the Committee of Federal, Foreign and Legal Affairs of the Legislature (or its successor) remain on this Commission. However, unlike former law, all judges are members of the Commission, as it was before P.L. 12-85. Since the Commission [Council] no longer governs the courts, the problem of separation of powers formerly existing has ceased to exist.