Marshal; Appointment of Special Deputies

7 GCA § 8107, under Ministerial Officers of the Court.

7 GCA § 8107

(a) The Chief Justice, at the request of the Marshal of the Court, may appoint employees of (1) the Department of Law, (2) the Department of Revenue and Taxation of the government of Guam, and

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(3) the School Attendance Officers of the Department of Education as Special Deputy Marshals of the Guam Judiciary. Such appointments shall be for as long as such employees remain in their employment with their respective departments, unless sooner revoked by the Chief Justice, whichever is earlier. (b) The School Attendance Officers of the Department of Education shall complete a training program developed and adopted by the Judicial Council, that is pertinent to their appointment, prior to such appointment as Special Deputy Marshals of the Guam Judiciary. SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L. 24-139:20 (Feb. 21, 1998) (But see Court Decisions annotation below), P.L. 27-031:29 (Oct. 31, 2003), P.L. 30-167:2 (July 16, 2010). 2015 NOTE: Subsection designations were added and altered in accordance with the authority granted by 1 GCA § 1606. 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: CCP § 198 as modified. 1985 COMMENT: Three modifications here. The first relates to the Department of Administration. It appears from former § 199 that the duties of deputies appointed from the Department of Administration relate to the enforcement of the revenue and tax laws of Guam. These functions are now undertaken by the Department of Revenue and Taxation, not the Department of Administration. Secondly, the appointment had been limited to one year or the length of time the employees are with the Department. Considering former § 199 (this Title § 4308) it appears that employees who leave their respective departments should immediately lose their appointments as special deputy marshals. Finally, the Supreme Court may also make appointments under this section.