[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2400 Reported in House (RH)]
Union Calendar No. 382
108th CONGRESS
2d Session
H. R. 2400
[Report No. 108-638]
To amend the Organic Act of Guam for the purposes of clarifying the
local judicial structure of Guam.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 2003
Ms. Bordallo (for herself, Mr. Flake, Mr. Gallegly, Mr. Faleomavaega,
Mrs. Christensen, and Mr. Acevedo-Vila) introduced the following bill;
which was referred to the Committee on Resources
September 7, 2004
Additional sponsors: Mr. Abercrombie and Mr. Rehberg
September 7, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To amend the Organic Act of Guam for the purposes of clarifying the
local judicial structure of Guam.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. JUDICIAL STRUCTURE OF GUAM.
(a) Judicial Authority; Courts.--Section 22(a) of the Organic Act
of Guam (48 U.S.C. 1424(a)) is amended to read as follows:
``(a)(1) The judicial authority of Guam shall be vested in a court
established by Congress designated as the `District Court of Guam', and
a judicial branch of Guam which branch shall constitute a unified
judicial system and include an appellate court designated as the
`Supreme Court of Guam', a trial court designated as the `Superior
Court of Guam', and such other lower local courts as may have been or
shall hereafter be established by the laws of Guam.
``(2) The Supreme Court of Guam may, by rules of such court, create
divisions of the Superior Court of Guam and other local courts of Guam.
``(3) The courts of record for Guam shall be the District Court of
Guam, the Supreme Court of Guam, the Superior Court of Guam (except the
Traffic and Small Claims divisions of the Superior Court of Guam) and
any other local courts or divisions of local courts that the Supreme
Court of Guam shall designate.''.
(b) Jurisdiction and Powers of Local Courts.--Section 22A of the
Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows:
``Sec. 22A. (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 Act 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 22 of this Act.
``(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.''.
(c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of
Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as
the Supreme Court of Guam,'' after ``appellate court authorized by
section 22A(a) of this Act,''.
(2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d))
is amended--
(A) by inserting ``, which is known as the Supreme Court of
Guam,'' after ``appellate court provided for in section 22A(a)
of this Act''; and
(B) by striking ``taken to the appellate court'' and
inserting ``taken to such appellate court''.
SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.
Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is
amended by striking ``: Provided, That'' and all that follows through
the end and inserting a period.
Union Calendar No. 382
108th CONGRESS
2d Session
H. R. 2400
[Report No. 108-638]
_______________________________________________________________________
A BILL
To amend the Organic Act of Guam for the purposes of clarifying the
local judicial structure of Guam.
_______________________________________________________________________
September 7, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed