Marshal; Duties

The Marshal or his or her deputies shall attend all sessions of the Supreme and Superior Courts, unless excused by a Judge or Justice at whose session the Marshal or Deputy should otherwise attend, and preserve order. He or she shall serve and execute process, writs and orders issued under the laws of Guam by a Court of record when so directed by the Court and for this purpose shall have all the powers conferred by law on the Police Chief of the Guam Police Department and on the Mayors of municipal districts. He or she shall perform such other duties as may be directed by the Judicial Council, or by the Rules and Procedures adopted by the Judicial Council. 1985 SOURCE: CCP § 197 modified. 1985 COMMENT: A clause is added to the first sentence allowing a judge to excuse the marshal or a deputy from attendance at that judge’s session. This is added to that someone does not make attendance of the marshal or deputy a jurisdictional matter upon appeal. (Suggested by Law Revision Commission.) Also references added to include the Supreme Court, which will share marshal services until such time as additional personnel are required. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Subsection (b) added by P.L. 24-003:2 (Mar. 19, 1997). Repealed and reenacted by P.L. 24-139:38 (Feb. 21, 1998) (But see Court Decisions annotation below). Amended by P.L. 27- 031:28 (Oct. 31, 2003). 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).