(a) All disciplinary matters pending before the Judicial Council upon the effective date of this Article shall be transferred immediately to the Superior Court for proceedings in accordance with this Article. The Judicial Council shall have no further jurisdiction over such matters. (b) All matters pending before the Committee on Professional Ethics and Unauthorized Practice of Law of the Bar of Guam upon the effective date of this Article shall with the newly constituted Ethics Committee under the procedures prescribed by this Article. (c) Members of the Committee on Professional Ethics and Unauthorized Practice of Law of the Bar of Guam appointed and serving upon the effective date of this Article shall continue in their respective positions as members of the newly constituted Ethics Committee for the full term to which each was appointed. (d) In determining matters of discipline under this Article, both the Ethics Committee and the Superior Court shall use the standards of conduct applicable at the time of the conduct in question. (e) Rules promulgated by the Judicial Council pursuant to the Guam Integrated Bar Act shall remain in full force and effect except for the Rules for Lawyer Discipline, which are deemed repealed upon the effective date of this Article.
COL070307
SOURCE: GC § 28063. Formerly numbered Appendix A 7 GCA § 9214, renumbered by Compiler to § 9A214. NOTE: Must be cross-referenced with the current Rules Governing Admission to the Practice of Rules and/or the current Rules for the Discipline of Attorneys to determine whether it was repealed. See COMMENT above. COURT CASES: "A matter is pending from the moment is commenced until it reaches a final determination on appeal, or until the time for appeal has passed, unless the case is conclusively resolved later." [Citations omitted] "It is undisputed that the Ethics Committee had instituted a disciplinary proceeding against Cronin before the Judicial Council and that the matter was unresolved when GC 28063(a) was enacted. Therefore, based on the case law cited above, this matter was pending before the Judicial Council when it was transferred to this Court pursuant to GC 28063(a)." It is immaterial to the issue whether or not prior rules of conduct were properly adopted by the Judicial Council at that time. Bar of Guam Ethics Committee v. Stephen A. Cronin, S.P. 92-85-A, Decision & Order, Superior Ct. 3/11/86.