Title 7 — Judiciary and Civil Procedure

The Chief Justice of the Supreme Court of Guam is hereby authorized to establish a Northern Court Satellite (NCS). ---------- COL 2025-08-27

(a) There shall be a Judicial Council (the Council). All full-time Justices of the Supreme Court shall sit on the Judicial Council. Two (2) Superior Court Judges shall also sit on the Judicial Council, which shall include the Presiding Judge who shall appoint the remaining Judge.…

The Council shall have the following powers: (a) To initiate, receive and consider charges concerning alleged misconduct or incapacity of any Justice or Judge of the Courts and to form subcommittees that will determine and make recommendations as to the removal of any Justice or …

Whenever a permanent vacancy shall occur in the office of the Chief Justice or of an Associate Justice of the Supreme Court, or whenever a vacancy shall occur in the office of the Presiding Judge or of a Judge of the Superior Court, I Maga’håga/Maga’låhi, unless there has been a …

A subcommittee of Judges and Justices shall be formed composed of three (3) members appointed by the Chairperson. The subcommittee shall have the following powers and duties with respect to the removal of Justices or Judges from the Courts of Guam: (a) It shall initiate, receive …

(a) Any charges against any Justice or Judge must be in writing, signed by the person making the charge under oath, except that any charge initiated by the subcommittee must be signed by at least two (2) members of the subcommittee. The subcommittee shall notify in writing every …

All the hearings and proceedings by the subcommittee shall be governed by this Title and by the rules and regulations adopted by the Subcommittee. 2025 NOTE: Procedural and local rules of court, including the current version of the Guam Rules for Judicial Disciplinary Enforcement…

(a) The Supreme Court of Guam shall constitute a special court to receive the recommendation of the subcommittee and conduct a hearing thereon. (b) Following certification by the subcommittee, the special court may subpoena witnesses, administer oaths, and take testimony relating…

If, after conducting its investigation thereof pursuant to § 5107 of this Chapter, two (2) of the three (3) members of the special court find that a Justice or Judge under charge should not remain in office, the special court shall remove such Justice or Judge within thirty (30) …

Any Justice or Judge against whom a finding is made by the special court pursuant to § 5107 of this Chapter may appeal such decision in the same manner as a final decision of the Supreme Court in civil cases. Following the judgment of the special court and pending the outcome of …

(a) Each Justice of the Supreme Court shall hold office for a term ending the 31st day of January following the first general election held after the expiration of ten (10) years since his or her appointment or election to office. COL 2025-08-27 (b) Each Judge of the Superior Cou…

Whenever a declaration of candidacy for election to succeed himself or herself is filed by any Justice or Judge under the provisions of this Chapter, the Election Commission shall, not less than thirty (30) days before the election, certify the name of said Justice or Judge and t…

(a) In addition to the requirements of § 6104 and § 6105 of this Chapter, the standards of conduct prescribed by the American Bar Association’s Canon of Judicial Ethics shall apply to and govern the conduct of the Justices of the Supreme Court of Guam and the Judges of the Superi…

No Justice or Judge of any court shall directly or indirectly make any contribution to or hold any office in any political party or organization, or take part in any political campaign. 1985 SOURCE: CCP § 99 as amended by P.L. 11-95.

(a) Any Judge shall disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned, but if, following complete disclosure to all parties in the proceeding of the reasons for disqualification, all parties agree to having the Judge c…

Whenever a Justice or Judge shall have knowledge of any fact or facts which, under the provisions of § 6105 of this Chapter, disqualify him or her to sit or act as such in any action or proceeding pending before him or her, it shall be his or her duty to declare the same in open …

(a) Whenever a Justice or Judge who shall be disqualified under the provisions of this Chapter to sit or act as such in any action or proceeding pending before him or her neglects or fails to declare his or her disqualification in the manner provided by this Chapter, any party to…

(a) When there is no Judge qualified or available to hear a cause, action or hearing in the Superior Court, the Presiding Judge shall request the Chief Justice to appoint a Judge pro tempore to hear the matter. Such Judge pro tempore shall meet the same qualifications as a regula…

[Repealed.] SOURCE: Added by P.L. 21-147:2 (Jan. 14, 1993). Repealed by P.L. 24-139:41 (Feb. 21, 1998)(But see Court Decisions annotation below). Repealed by P.L. 27-031:19 (Oct. 31, 2002). COURT DECISIONS: Pangelinan v. Gutierrez, 2000 Guam 11 ¶ 8 (“We find that Bill 495 [design…

No full-time Justice, Judge, (except Judges appointed pro tempore), clerk of court, deputy, assistant or other officer of a court shall practice law in any court of Guam during his or her continuance in office nor be in partnership with a practicing attorney. This section shall a…

(a) All Judges in office on or before May 1, 1993 shall make an election as required in § 6114 in order to bring himself or herself within the purview of the Retirement Fund. COL 2025-08-27 (b) All Judges taking office after May 1, 1993 through September 30, 1995 shall be eligibl…

Any Judge holding office at the time of enactment of this Act who resigns after serving at least twenty (20) years, continuously or otherwise, as a Judge, or after attaining the age of sixty-five (65) and after serving at least fifteen (15) years, continuously or otherwise, as a …

(a) Any Judge holding office at the time of enactment of this Act, who is removed by I Maga’håga/Maga’låhi upon the sole ground of mental or physical disability or who fails reappointment, shall be entitled, upon relinquishing the office, if his or her judicial services aggregate…

(a) Any judge or justice in office on or before May 1, 1993 may, by written election filed with the Government of Guam Retirement Fund (Fund) within six (6) months after the enactment of this Section, bring himself within the purview of the Fund. No judge not in office on the dat…

(a) Any retired Judge or Justice may be designated and assigned by the Chief Justice to perform such judicial duties in the Courts of Guam as he or she is willing to undertake, except that retired Judges shall only perform such duties in the Superior Court of Guam. (b) No retired…

(a) A Judge or Justice shall discharge, during the period of his or her designation and assignment, all judicial duties for which he or she is designated and assigned. He or she may be required to perform any duty which might be required of the court to which he or she is designa…

Notwithstanding any other provision of law to the contrary, any Judge holding office at the date of enactment of this Act shall be permitted upon retirement from active duty to elect whether he or she wishes to be covered by § 6114 of this Chapter if otherwise qualified; or wheth…

Except as otherwise provided by law the judicial power of the Superior Court with respect to any action or proceeding may be exercised by a single Judge, who may preside alone and hold a regular or special session of the court at the same time as other sessions held by other Judg…

The Superior Court shall always be open on court days. It shall hold its regular sessions in Hagåtña at times determined by the rules of the Court. Special sessions may be held at such places as the nature of the business may require and upon such notices as the Court orders, pur…

(a) Superior Court Administrator. The Presiding Judge shall appoint a Superior Court Administrator, who shall serve at his or her pleasure. The Court Administrator shall be responsible for the general supervision of all personnel of the Superior Court other than Judges and their …

(a) Superior Court Clerk. The Presiding Judge shall appoint a Superior Court Clerk who shall be subject to removal by him or her. The Superior Court Clerk may assign deputies and assistants in such numbers as are approved by the budget and necessary for the daily operations of th…

The sessions of every court shall be open to the public, except as otherwise provided by law. The records of every court of justice, except the Family Court when sitting under the Juvenile Court Law (19 GCA Ch. 5), shall be public records and shall be open to the inspection of an…

No Judge or Justice shall be liable in a civil action for damages by reason of any judicial action or judgment rendered by him or her. 1985 SOURCE: § 132 CCP, as modified. 1985 COMMENT: The former phrase “in good faith” does not give complete immunity required of judges, and perm…

Each of the courts of Guam shall have power: (a) To preserve and enforce order in its immediate presence; (b) To enforce order in the proceedings before it, or before all persons empowered to conduct a judicial investigation under its authority; (c) To provide for the orderly con…

If no Judge attends on any day appointed for a session of any court, or on the day to which it may have adjourned, before noon, the clerk may adjourn the court until the next day and so on from day to day, until the Judge attends or by written order directs the court to be adjour…

Both the Supreme and Superior Courts shall have seals designed pursuant to the provisions of Title 1 of this Code, which shall be kept by their clerks. The seal of the court need be affixed only to writs and process, to certificates of probate of a will or the appointment of an e…

A Judge of the Superior Court may hear matters in chambers as permitted by law or the rules of court.

Every judicial officer shall have the power: (a) To preserve and enforce order in his or her immediate presence and in proceedings before him or her, when he or she is engaged in the performance of official duty; (b) To compel obedience to his or her lawful orders as provided in …

For the effectual exercise of the powers conferred by § 7111, a judicial officer may punish for contempt in the cases provided in this Title. 1985 SOURCE: CCP § 178 modified to refer to new Title designations. “Title” changed to “Code”. CROSS-REFERENCES: See Chapter 34 of this Ti…

Every judicial officer and every clerk of court and his or her deputies shall have power to administer oaths and to take acknowledgments of deeds and other written instruments. 1985 SOURCE: CCP § 179 unchanged. COL 2025-08-27 1985 COMMENT: This, and the preceding two sections, re…

No proceeding in any court of justice, in an action pending therein, shall be affected by a vacancy in the office of all or any of the Judges thereof. 1985 SOURCE: CCP § 184 unchanged.

Every written proceeding in a court of justice of Guam shall be in the English language and judicial proceedings shall be conducted, preserved and published in no other; provided, however, that with the consent of all parties, counsel and the court, proceedings may be conducted i…

Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner. 1985 SOURCE: CCP § 186 unchanged.

At the first hearing before the Superior Court in any action brought under the Every Child is Entitled to an Adequate Public Education Act, the court may order an expedited schedule of discovery and pleading, and an expedited schedule and trial date for the case, if requested by …

When jurisdiction is by law conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of the proceeding be not specifically pointed out by law or by rules of procedure adopted …

(a) When any money is deposited with the clerk of any court pursuant to any action or proceeding in such court, or pursuant to any order, decree or judgment of the court, and to which the government of Guam is to have title, or when any money is to be paid to the Treasurer of Gua…

The Chief Justice of the Supreme Court of Guam shall nominate Referees for approval by the Judicial Council as provided in this Title, the Probate Code (Title 15), Title 19 (Family Court Law) and the applicable rules of procedure, which Referees may hear cases in more than one di…

The Chief Justice may assign referees to hear cases in more than one (1) division or court of the Superior Court. SOURCE: Added by P.L. 24-135:4 (Feb. 20, 1998) and P.L.24-139:18 (Feb. 21, 1998) (But see Court Decisions annotation below). COURT DECISIONS: Pangelinan v. Gutierrez,…

(a) The clerk of the Superior Court and of the Supreme Court, respectively, may cause any record, paper or document in their care and custody, to be photographed, microphotographed, or otherwise COL 2025-08-27 reproduced on film or in digitized form. The storage media shall be du…

(a) There is hereby created a special fund to be known as the “Superior Court Operations Fund” (Fund), such fund to be administered by the Court Administrator of the Superior Court of Guam. All money appropriated for the operation of the Superior Court of Guam shall be paid direc…