Title 12, Autonomous Agencies

Moneys in the Jose D. Leon Guerrero Commercial Port Construction Fund and Revenue Fund may be invested by the Authority and any revenues in any other fund or account held by or on behalf of the Authority or its agent may be invested by the Authority or its agent, as the case may …

COL1312018 Any balance remaining in any of the funds or accounts created by this Article or any indenture after payment of all costs, expenses and charges required or authorized to be expended therefrom, may be allocated and used for such other purposes relating to the acquisitio…

All money in the funds and accounts created by this Article or any indenture is hereby appropriated for expenditure in carrying out the purposes herein and therein provided. SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 14084. Codified as 12 GCA § 10235 entitled Validity…

In addition to and in amplification of the powers conferred upon the Board by the Jose D. Leon Guerrero Commercial Port Act, this Article or any other law of Guam or of the United States, the Board has power and is hereby authorized to cause the Authority to enter into any contra…

(a) The Board has the power and is hereby authorized to cause the Authority to enter into such contracts or agreements with such banks, insurance companies or other financial institutions as it determines are necessary or desirable to improve the security and marketability of the…

No member of the Board, employee of the Authority, or elected official of the government of Guam shall be individually or personally liable for the payment of any amounts due on any bonds, or for any other liability arising in connection with the bonds; provided, however, that no…

Notwithstanding any substantive or procedural provision of Chapter 6 of Title 5, Guam Code Annotated, the Authority shall not be entitled to immunity from any suit or action in contract on the indebtedness authorized by this Article. For the purposes of this Act only, immunity is…

This Article shall be liberally construed to carry out the objects and purposes and the declared policy of Guam as in this Article set forth. Nothing contained in this Article shall be construed directly or by implication to be in any way in derogation or limitation of powers con…

Unless otherwise explicitly authorized by statute, the Board of Directors of the Jose D. Leon Guerrero Commercial Port is hereby prohibited from expending anything of value, either through cash or in- kind, directly or indirectly, or executing any solicitations through the Reques…

---------- ARTICLE 4 PUBLIC-PRIVATE PARTNERSHIP THROUGH A PERFORMANCE MANAGEMENT CONTRACT SOURCE: Article added by P.L. 29-023:1 (Oct. 24, 2007).

Performance Management Contract. (a) The Board of Directors of the Jose D. Leon Guerrero Commercial Port (Port) is authorized to issue a Request for Proposal (RFP), Multi-Step Bid (MSB), Invitation for Bid (IFB), soliciting bids or proposals from qualified parties for the managem…

The awarded contract, which is subject to the provisions of this Act, may be awarded for periods of not less than five (5) years, with options to renew every five (5) years and not to exceed a total of twenty (20) years. The awarded contract, subject to the provisions of this Act…

No contract awarded subject to the provisions of this Act shall be awarded to any party who has a blood or marital relationship to the third (3rd) degree of consanguinity with the General Manager of the Port, a Board Member of the Port, I Maga’lahen Guåhan or a Member of I Lihesl…

Management Contract. Notwithstanding any other provisions of law, the Board of Directors is authorized to enter into a public-private partnership through a performance management contract for other aspects of the Port operations it deems necessary, provided that the processes out…

Performance. Should at some point in the future, a determination be made by I Liheslaturan Guåhan, that a broad-scale public-private partnership for the Port operations be advisable, subject to legislative approval, and if any agreements entered into pursuant to this Act are view…

If any provision of this Act or its application to any person or circumstances is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to…

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,…

(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…

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…

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…

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.

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 …

(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…

(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…

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…

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…

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…

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 …

(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…

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: …

[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.

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…

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.…

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…

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…

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…

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…

As used in this Chapter: (a) Public Utility means the Guam Power Authority, the Jose D. Leon Guerrero Commercial Port, the Guam Waterworks Authority, the Guam Solid Waste Authority or any duly licensed private contractors operating: (1) a facility or subsystem of the community- w…

of Commissioners. There shall be a public corporation and autonomous instrumentality within the government of Guam, to wit, a Public Utilities Commission composed of seven (7) members to be called Commissioners, who shall be selected as follows: (a) I Maga’Lahen Guåhan [Governor …

(a) I Liheslaturan Guåhan finds that the services provided by Public Utilities are basic necessities that the residents of TELECOMMUNICATIONS ACT OF 2004 Guam must receive in order to function in modern life. I Liheslaturan Guåhan also finds that because residents have very littl…

(a) Sections 12102.1 through 12102.2, which shall be known as the Ratepayers’ Bill of Rights, shall in no way restrict the powers of the Public Utilities Commission (Commission) granted in this Chapter to regulate or set rates for a Public Utility. The Ratepayers’ Bill of Rights …

(a) The Commission shall retain on an as needed basis those professional services required by the Commission in the performance of its duties. The Commission may employ administrative staff personnel for the conduct of Commission business. (b) The Commission may also appoint an a…

Notwithstanding any other provision of law, the Public Utilities Commission may meet for purposes of gathering information on utilities and requesting, demanding and accepting reports and documents from regulated utilities, and for other purposes. The Commission may continue in l…

The Commission shall prepare and present to the Governor and to the Speaker of the Legislature, in January of each year, a report respecting its actions during the preceding fiscal year, if any, together with its recommendations respecting legislation. SOURCE: Added by P.L. 17-07…

(a) The Commission shall have regulatory oversight supervision of rates as set forth in this Chapter over each public utility and shall perform the duties and exercise the powers imposed or conferred upon it by this Chapter. (b) The Commission in the discharge of any of its dutie…

(a) The Commission shall have the following powers which it may exercise in carrying out its mandate to regulate rates: (1) to examine the financial records of each public utility including all bank records; (2) the terms and conditions of any contracts with the United States Gov…