Title 7 — Judiciary and Civil Procedure

This article may be cited as the ‘Guam Integrated Bar Act’. SOURCE: GC § 28008. Formerly numbered Appendix A 7 GCA § 9101, renumbered by Compiler to § 9A101. NOTE: Must be cross-referenced with the current Rules Governing Admission to the Practice of Rules and/or the current Rule…

The Bar of Guam is a public body corporate, the membership of which consists of all persons who are now and hereafter licensed to practice law in Guam. The members of the Bar of Guam are officers of the courts of Guam and have exclusive right to designate themselves as attorneys …

The purpose of the amendment made by P.L. 17-62:4 was to remove from this section any reference to the power of the court to prescribe rules for discipline of members of the Bar. The subject of Discipline is covered in Article 2 of this Chapter, also enacted by P.L. 17-62. SOURCE…

The Judicial Council has the power of subpoena and the authority to take testimony under oath, which may be exercised by its officers and committees, for the purpose of aiding in cases of applicants for admission to the Bar under such regulations and restrictions as the Superior …

It is the duty of the clerk of the Superior Court, when a person is admitted to the Bar by such court, to administer to such person the oath prescribed by the Superior Court for members of the Bar and, upon payment COL070307 of such sums as are necessary, to issue to such a perso…

It is unlawful for any person to practice law or to engage in the law business or in any manner whatsoever to lead others to believe that he is authorized to practice law or to engage in the law business or in any manner whatsoever to represent or designate himself as an attorney…

[Repealed, reserved, or text not separately stated.]

Government of Guam departments or agencies hiring law clerks shall give preference to returning resident law students and law graduates who are receiving or have received financial assistance from the government of Guam. SOURCE: Added as GC § 28013.2 by P.L. 20-207:4. Formerly nu…

(a) The measure of the compensation of members of the Bar is left to the express or implied agreement of the parties subject to the regulation of the Superior Court. (b) Any agreement for such compensation or for reimbursement of any expenses incident to the prosecution or defens…

The Judicial Council is hereby constituted the Board of Law Examiners. The clerk of the Superior Court is the ex officio secretary- treasurer of the Board. SOURCE: GC § 28015. Formerly numbered Appendix A 7 GCA § 9108, renumbered by Compiler to § 9A108. NOTE: Must be cross-refere…

The Board of Law Examiners has charge of the investigation and COL070307 examination of all persons who initially apply for admission to the Bar of Guam. The Board may adopt suitable regulations, subject to approval by the Superior Court, concerning the performance of its functio…

The Board of Law Examiners shall meet at least twice in each year at such times and places as its chairman shall determine for the purpose of investigating, examining, hearing and passing upon the qualifications of applicants for admission to the Bar and to transact such other bu…

The fees required to be paid by applicants for admission to the Bar shall be paid to the Board of Law Examiners and shall be deposited in the Treasury of Guam and shall constitute a separate fund for the reimbursement of expenses of members of the Board of Law Examiners and for t…

Notwithstanding other provisions of law to the contrary, the Board of Law Examiners may use funds of the Judicial Council in order to COL070307 accomplish its purposes. SOURCE: GC § 28018.1 added by P.L. 14-124:20. Formerly numbered Appendix A 7 GCA § 9112, renumbered by Compiler…

A person is qualified for admission to the Bar of Guam who proves to the satisfaction of the Board of Law Examiners: (a) that he has resided in Guam for not less than three (3) months preceding certification and intends in good faith to practice in Guam; (b) that he is at least e…

Any person employed as an attorney by the Government or by the Guam Legal Services Corporation or by the United States may be admitted COL070307 temporarily without written examination and only for the purposes of such employment if, upon application, the Board determines that th…

Any person who is a member of the bar of the highest court of any state or territory of the United States or of the District of Columbia, while representing the United States of America, the government of Guam, or any agency, instrumentality, officer or employee thereof, in the c…

An applicant who is a member in good standing before the highest court in any state or territory of the United States or the District Court of Columbia may be admitted to the Guam Bar on the terms and conditions set forth in § 9A113 of this Article. SOURCE: GC § 28020. Formerly n…

Any person who is a member of the Bar of the highest court of any state or territory of the United States or the District Court of Columbia while temporarily in Guam and engaged in a particular matter may, on a case by case basis, petition the court to practice before the courts …

The Board of Law Examiners, or its designee, has the authority to examine or to cause to be examined any school, college or law school for the purpose of determining whether the standards of education and training required for admission to the Bar are being maintained and to excl…

It is the duty of all Guam law enforcement agencies to aid the Bar of Guam and the Board of Law Examiners, or its designee, in any investigation of the conduct of members of the Bar and the character and fitness of persons who apply for admission or reinstatement in the Bar and t…

All persons licensed to practice law in Guam on the effective date of this Act shall automatically become members of the Bar of Guam without being required to qualify therefor under the provisions of this Act. The clerk of the District Court of Guam shall certify and transmit to …

(a) Whenever the term Superior Court is used in this Article, it shall COL070307 mean an action taken by a majority of all of the judges of the Superior Court sitting en banc, unless a different meaning is specifically stated. (b) The Superior Court has jurisdiction to disbar, su…

In performing the duties and responsibilities under this Article, the Bar of Guam shall act through an Ethics Committee, which shall consist of seven members of the Bar of Guam, all in good standing, appointed by the President of the Bar of Guam, and approved by the Superior Cour…

(a) The Bar of Guam, through its Ethics Committee, is authorized to investigate and to hear all complaints brought by any source, or on its own motion, against attorneys admitted to the Bar of Guam. The Ethics Committee is authorized to investigate and hear and any complaints, or…

(a) The Ethics Committee shall administer the disciplinary system of the Bar of Guam as established in this Chapter through its Chairman and according to its Rules. COL070307 (b) Any committee member shall be reimbursed for any expenses undertaken by him in furtherance of his dut…

(a) The Ethics Committee, upon majority vote of its members, has the power to issue subpoenas to compel the attendance and testimony of witnesses and compel the production or inspection by it of books, records and other tangible objects and the authority to take testimony under o…

Discipline may be imposed for any of the following reasons: (a) conviction of a crime other than a non-serious traffic offense; (b) violation of a rule of professional conduct in effect in Guam; (c) discipline imposed in another jurisdiction; (d) violation of any disciplinary or …

The sanctions to be imposed in any given instance of a finding that an attorney is subject to discipline as provided in § 9A206, above, shall be determined by the Superior Court after hearing the recommendation of the Bar of Guam. Sanctions imposed by the Superior Court may range…

The Model Code of Professional Conduct of the American Bar Association, adopted by the Judicial Council and presented to the Legislature prior to the effective date of this Article, shall apply to the conduct of attorneys in Guam, unless it shall be changed by law or by Superior …

Members of the Bar of Guam, and employees and agents of the Bar 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. SOURCE: GC…

(a) The Bar of Guam, or an attorney against whom a final judgment has been rendered by the Superior Court in any case involving suspension, disbarment or non-disciplinary suspension or disbarment may appeal any final judgment of the Superior Court to the Appellate Division of the…

All disciplinary proceedings and deliberations of the Ethics Committee of the Bar of Guam shall be confidential and private until the Committee COL070307 has made its recommendations to the Superior Court or until the Ethics Committee issues the attorney in question a public repr…

The Bar of Guam shall, at least three times a year, in a newspaper of general circulation available in public places in Guam, announce in a prominent manner the fact of its existence and purpose and where members of the pubic can seek information about the ethics duties of the Ba…

Applicable. COL070307 Neither the Administrative Adjudication Law nor the Open Government Law shall be applicable to proceedings, deliberations and activities covered by this Article; provided, that the Administrative Adjudication Law and Open Government Law of Guam shall be appl…

(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 matte…

(a) Within one hundred eighty (180) days of the effective date of this section, the Ethics Committee of the Guam Bar Association shall promulgate proposed rules and regulations which define the acts which constitute the practice of law within Guam. Such rules and regulations shal…

(a) In representing a client, an attorney shall have a written fee agreement which is signed by the client if: COL070307 (1) The contemplated fee is in excess of $500, or (2) An appearance is required or reasonably contemplated before any court or agency by the attorney, or (3) T…