A subcommittee of Judges and Justices shall be formed composed of three (3) members appointed by the Chairperson. The subcommittee shall have the following powers and duties with respect to the removal of Justices or Judges from the Courts of Guam: (a) It shall initiate, receive and consider charges concerning alleged misconduct or incapacity of any Chief Justice, Justice, Presiding Judge or Judge of the Courts of Guam;
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(b) It may subpoena witnesses, administer oaths and take testimony relating to matters before it; and (c) It shall report its findings and make recommendations to the Judicial Council for action. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (d) added by P.L. 24-135:1 (Feb. 20, 1998), amended by P.L. 24-139:26 (Feb. 21, 1998) (But see Court Decisions annotation below). Amended by P.L. 27-031:17 (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). 2025 NOTE: Procedural and local rules of court, including the current version of the Guam Rules for Judicial Disciplinary Enforcement, may be accessed on the Compiler of Laws website at https://www.guamcourts.org/CompilerofLaws/index.html under the “Court Rules” tab. 2014 NOTE: Judicial discipline is now governed by the Guam Rules of Judicial Disciplinary Enforcement. See Chapter 5, 2014 Note. 1985 SOURCE: Former CCP § 123, modified. 1985 COMMENT: This section places with the Judicial Commission [Council] the power to investigate charges against justices and judges. This power, in basically the same form, formerly lay with the Judicial Council, but has never has been exercised.