Justices of the Supreme Court and those acting pursuant to orders or rules of Court as their employees or agents, including but not limited to members of the Guam Bar Association Ethics Committee, designated Ethics Prosecutors, and their employees or agents, shall not be held liable for any action performed in the course of their official duties undertaken pursuant to this Article relative to the discipline of attorneys and to the unauthorized practice of law.
COL 2025-08-27
SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Amended by P.L.27-031:35 (Oct. 31, 2003). 1985 SOURCE: Govt. Code § 28058 added by P.L. 17-62. Standard 3.10, Immunity, tent. draft, Lawyer Disciplinary and Disability Proceedings, ABA, 1978. 1985 COMMENT: Immunity protects the independent judgment of the Bar of Guam and avoids diverting the attention of its personnel as well as its resources towards resisting collateral attack and harassment. The ABA standard recommends absolute privilege rather than a qualified privilege, because qualified privilege does not protect against harassment made possible by simply alleging malice in a law suit. See Yaselli v. Goff, 12 F.2d (1926), aff’d 276 U.S. 503 (1927) [malicious prosecution]; Imbler v Pachtman, 424 U.S. 409 (1976) [civil rights action]. Conduct on the part of personnel which is not authorized or exceeds assigned duty is not protected. Commentary to Standard 3.10 - Immunity, ABA, Tent. draft, 1978.
ARTICLE 2 GUAM LAW LIBRARY
SOURCE: Entire Article originally enacted by P.L. 14-155 (Dec. 18, 1978) as Chapter II of Title XXIX of the Government Code. 2025 NOTE: Past publications included a Compiler’s annotation acknowledging that P.L. 21-147 (Jan. 14, 1993) did not expressly include this Article in Chapter 9; nevertheless, P.L. 21-147 did not repeal this Article. Consequently, Article 2 has been included in publications of the GCA. 2016 NOTE: References to the “Territorial Law Library” changed to “Guam Law Library” pursuant to 1 GCA § 420.