PRIA, Government Policy, Made Personal

Summary

Makes the Supreme Court of Guam the top local court (not counting the District Court of Guam) and gives it several powers. It can start cases needed to protect its review role and other starts Guam law allows. It hears appeals from the Superior Court and other local courts. It can order writs and other orders to carry out its review and supervision. It supervises the Superior Court and other local courts. Appeals are decided by a panel of three justices and two must agree. It makes court rules and handles lawyer and judge ethics, admissions, and discipline. The Chief Justice leads the court unless unable to act, runs the court system, and may issue administrative orders. The Chief Justice or another justice can act on appeals before hearing and can dismiss appeals for lack of authority or failure to follow rules. Local courts keep the powers Guam law gives them, except where the District Court has exclusive or shared power under section 1424. Judge and justice qualifications and duties follow Guam law and court rules.

Title 48, §1424–1

Territories and Insular Possessions, Source: USLM XML via OLRC

(a)The Supreme Court of Guam shall be the highest court of the judicial branch of Guam (excluding the District Court of Guam) and shall—

(1)have original jurisdiction over proceedings necessary to protect its appellate jurisdiction and supervisory authority and such other original jurisdiction as the laws of Guam may provide;

(2)have jurisdiction to hear appeals over any cause in Guam decided by the Superior Court of Guam or other courts established under the laws of Guam;

(3)have jurisdiction to issue all orders and writs in aid of its appellate, supervisory, and original jurisdiction, including those orders necessary for the supervision of the judicial branch of Guam;

(4)have supervisory jurisdiction over the Superior Court of Guam and all other courts of the judicial branch of Guam;

(5)hear and determine appeals by a panel of three of the justices of the Supreme Court of Guam and a concurrence of two such justices shall be necessary to a decision of the Supreme Court of Guam on the merits of an appeal;

(6)make and promulgate rules governing the administration of the judiciary and the practice and procedure in the courts of the judicial branch of Guam, including procedures for the determination of an appeal en banc; and

(7)govern attorney and judicial ethics and the practice of law in Guam, including admission to practice law and the conduct and discipline of persons admitted to practice law.

(b)The Chief Justice of the Supreme Court of Guam—

(1)shall preside over the Supreme Court unless disqualified or unable to act;

(2)shall be the administrative head of, and have general supervisory power over, all departments, divisions, and other instrumentalities of the judicial branch of Guam; and

(3)may issue such administrative orders on behalf of the Supreme Court of Guam as necessary for the efficient administration of the judicial branch of Guam.

(c)The Chief Justice of the Supreme Court of Guam, or a justice sitting in place of such Chief Justice, may make any appropriate order with respect to—

(1)an appeal prior to the hearing and determination of that appeal on the merits; or

(2)dismissal of an appeal for lack of jurisdiction or failure to take or prosecute the appeal in accordance with applicable laws or rules of procedure.

(d)Except as granted to the Supreme Court of Guam or otherwise provided by this chapter or any other Act of Congress, the Superior Court of Guam and all other local courts established by the laws of Guam shall have such original and appellate jurisdiction over all causes in Guam as the laws of Guam provide, except that such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam under section 1424 of this title.

(e)The qualifications and duties of the justices and judges of the Supreme Court of Guam, the Superior Court of Guam, and all other local courts established by the laws of Guam shall be governed by the laws of Guam and the rules of such courts.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Pub. L. 108–378 amended section generally, substituting provisions relating to Supreme Court of Guam and other courts for provisions consisting of subsecs. (a) to (c) relating to composition of local courts and establishment of appellate court, jurisdiction of courts, and practice and procedure in local courts and qualifications and duties of judges.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an

Effective Date

of 1984 Amendment note under section 1424 of this title.

§1424–1 Jurisdiction and Powers of Local Courts

Summary

Title 48, §1424–1

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata