Title 12 — Autonomous Agencies
37 chapters · 1,201 sections in this title.
12 GCA § 11101 Short Title
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This Chapter may be cited as the “Public Defender Service Corporation Act of 2025.” SOURCE: GC § 60000, entitled “Short Title” as enacted by P.L. 13-051:1 (July 10, 1975) effective 30 days upon enactment pursuant to P.L. 13-051:2. Repealed and reenacted by P.L. 38-048:2 (Aug. 18,…
12 GCA § 11102 Definitions
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(a) “Attorney” means a person licensed to practice law in Guam. (b) “Child” or “minor” means a person less than eighteen (18) years of age on the date legal proceedings are first commenced against the person. (c) “Corporation” means Public Defender Service Corporation. (d) “Board…
12 GCA § 11103 Establishment of the Public Defender Service Corporation
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In order to provide effective public legal services to those persons in Guam, there is created a public corporation to be known as the Public Defender Service Corporation. The Public Defender Service Corporation is established as an entity within the government of Guam subject to…
12 GCA § 11104 Corporation: Powers and Duties
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The Corporation shall: (a) Accept all appointments from the courts of Guam to provide indigent defense, and legal services, unless all divisions have a conflict of interest, or excessive workloads. It shall be the duty of the Corporation to defend indigent persons charged in crim…
12 GCA § 11104.1 Public Defender Assistance in Connection with Recovery and Probate of Land Claims
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Awards. [Repealed.] SOURCE: Added by P.L. 19-034:24:D (Dec. 19, 1988). Repealed by P.L. 38-048:2 (Aug. 18, 2025) effective October 1, 2025 pursuant to P.L. 38-048:6.
12 GCA § 11105 Board of Trustees: Appointments, Membership, and Terms
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All powers vested in the Corporation, except as otherwise provided in this Chapter, shall be exercised by the Board of Trustees. The Board shall consist of seven members. At least four members shall be licensed to practice law in Guam. (a) The Board members shall be appointed as …
12 GCA § 11106 Board of Trustees: Qualifications
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(a) A person appointed to the Board shall have: (1) significant experience in the legal representation of criminal, juvenile or civil cases; or (2) a demonstrated commitment to quality public legal services. (b) No person shall be appointed to, or serve on, the Board who is a: (1…
12 GCA § 11107 Board of Trustees: Meetings, Compensation, and Removal
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(a) No shall constitute a quorum at a meeting of the Board of Trustees. No less than four Board members must vote in favor for a motion to pass. Board meetings shall be open to the public and subject to the Open Government Law. Board meetings may be held virtually so long as ther…
12 GCA § 11108 Board of Trustees: Powers and Duties
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The Board of Trustees shall: COL 2026-04-23 (a) Establish standards governing effective public legal services in Guam. Such standards shall be designed to ensure public legal services meet constitutional requirements required under the Organic Act of Guam, the laws of Guam, the U…
12 GCA § 11109 Board of Trustees: Minimum Standards, Rules, and Procedures
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The Board of Trustees shall promulgate and implement minimum standards, rules, and procedures to guarantee indigent persons effective assistance of counsel as provided under the Organic Act of Guam, the laws of Guam, and the United States Constitution. The minimum standards, rule…
12 GCA § 11110 Director: Appointment and Qualifications
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The Board shall appoint a Director, who shall head and oversee the operation of all Corporation divisions. (a) The Director shall directly supervise the administrative division and shall supervise the other divisions through the Managing Attorneys. (b) The Director shall be appoi…
12 GCA § 11111 Director: Powers and Duties
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The Director shall have the sole responsibility to carry out the purposes and duties of the Corporation and ensure that each division fulfills its statutory duty, including but not limited to: (a) Appointing a Deputy Director, and fix his/her duties, under and in accordance with …
12 GCA § 11112 Personnel and Employment
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(a) Pursuant to the provisions of 4 GCA § 4105 the Board shall establish rules and regulations governing selection, promotion, performance evaluation, demotion, suspension and other disciplinary action for the employees of the Corporation. (b) Employees of the Corporation shall b…
12 GCA § 11113 Additional Authority
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The Corporation may require assistance from any department or agency of the government of Guam in fulfilling its responsibility pursuant to this chapter, including but not limited to waiving any fees or costs for services involving the representation of indigent clients. SOURCE: …
12 GCA § 11113.1 Lapses
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[Repealed.] COL 2026-04-23 SOURCE: Added by P.L. 25-176:14 (Dec. 20, 2000). Repealed by P.L. 38-048:2 (Aug. 18, 2025) effective October 1, 2025 pursuant to P.L. 38-048:6.
12 GCA § 11114 Data Collection
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The Corporation shall, at a minimum, collect and regularly review data related to: (a) Public legal services providers’ workloads that detail the number of cases, by case type, open at the start of the month; newly opened cases during the month; closed cases during the month; and…
12 GCA § 11115 Federal Landtakings: Legal Aid and Assistance
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Notwithstanding the provisions of § 11104(b) of this Title, the Public Defender Service Corporation shall assist and represent in court or otherwise persons who have apparently valid claims under § 204 (relating to federal landtakings) of the Territorial Omnibus 7 Act of 1977 (H.…
12 GCA § 11116 Federal Landtakings: No Charge for Costs and Services
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The Public Defender Service Corporation shall not charge claimants for its general costs or services or require a claimant to repay any filing fees or other court related fees incurred in the representation of the claimant. The Corporation may require assistance from any departme…
12 GCA § 11117 Funding
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The Corporation shall be funded to ensure effective public legal services are provided as required by the Organic Act of Guam, the laws of Guam, and the United States Constitution. (a) There is hereby established a fund to be known as the “Public Defender Service Corporation Fund…
12 GCA § 11118 Annual Report
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The Corporation shall submit an annual report, which shall be public, to I Maga’håga/Maga’låhi, I Liheslatura, and the Supreme Court of Guam. The annual report must include, but not be limited to, data on operations, itemized expenditures and revenues, and compliance with the Cor…
12 GCA § 11119 Continuity of Operations
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The Public Defender Service Corporation re-enacted herein shall be the successor to the Public Defender Service Corporation. All employees of the Public Defender Service Corporation, including the Alternate Public Defender and the Civil Law Center, shall be transferred to the Pub…