Guam § 3103 - Supreme Court; Composition.

§ 3103. Supreme Court; Composition.

(a) The Supreme Court of Guam is established pursuant to 22A of the Organic Act of Guam and has

such original and appellate jurisdiction as is prescribed by the Organic Act of Guam and by this Title. The

Supreme Court shall consist of three (3) full-time Justices who shall be appointed by I

Maga’hågan/Maga’låhen Guåhan, subject to the advice and consent of I Liheslatura. Two (2) of the full-

time Justices shall be Associate Justices and one (1) shall be Chief Justice, who shall be selected as provided

herein.

(b) In addition, I Maga’hågan/Maga’låhen Guåhan may appoint any Federal Judge or any Judge,

retired Judge or retired Justice of a court of record in the Commonwealth of the Northern Mariana Islands,

the Republic of Palau or the Federated States of Micronesia to sit as an acting Associate Justice. Such

appointees shall be referred to as Designated Justices of the Supreme Court of Guam.

To be appointed, the individual shall have practiced law, or sat as a Judge, for a total of at least ten (10)

years, be a graduate of a law school accredited by the American Bar Association, and, except for residency

requirements and practice requirements on Guam, meet all other qualifications for a Justice. An

appointment as a Designated Justice shall be for four (4) years and shall expire at the end of such period,

unless the Designated Justice is reappointed by I Maga’hågan/Maga’låhen Guåhan. All such appointments

are subject to the advice and consent of I Liheslaturan Guåhan, and a Designated Justice may not sit until

so confirmed.

The Designated Justices shall sit as assigned by the Chief Justice, and while sitting shall have all the powers

of an Associate Justice, and shall be paid the same as a part-time Justice, unless some other arrangement

has been made by the Chief Justice with the court from which the Designated Justice comes. Designated

Justices are entitled to a per diem allowance when traveling away from home on official business for Guam

at the rates set for other Associate Justices of Guam.

(c) The term Justice as used in this Title refers to all full-time and part-time Justices of the Supreme

Court.

(d) [Repealed.]

(e) The term designated justice refers to a Judge or Justice who is qualified by this Title to sit.

(f) A Superior Court Judge who is elevated to the Supreme Court of Guam, may sit as a designated

Judge of the Superior Court at the direction of the Chief Justice as requested by the Presiding Judge of the

Superior Court for the purpose of hearing matters, which were pending before the Justice, immediately

prior to his or her elevation from the Superior Court to the Supreme Court.

(g) [Repealed.]

(h) The first Chief Justice shall be selected by I Maga’hågan/Maga’låhen Guåhan from among her/his

confirmed appointees for full-time Justices, to serve as Chief Justice for a three- year term. The selection

shall be made and shall be submitted to the Speaker of I Liheslatura. The first Chief Justice shall continue

to serve as a Justice of the Supreme Court after his or her tenure as first Chief Justice is complete.

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(i) Thereafter, the Chief Justice shall be selected from among the full-time Justices by a majority of all

the Justices of the Supreme Court sitting en banc by secret ballot, to serve a three (3) year term commencing

at the end of the term of the preceding Chief Justice and continuing until 10:00 o'clock AM on the third

Tuesday of January three (3) years hence.

(j) No Justice may succeed himself or herself as Chief Justice.

(k) When a Chief Justice completes his or her term as Chief Justice, he or she shall continue to sit as

a full-time Justice of the Supreme Court, until his or her term as Justice expires.

(l) In the event of the absence or disqualification of the Chief Justice, the senior full-time Associate

Justice, who is the Justice with the longest years of service in the Supreme Court of Guam, shall act as

Chief Justice.

(m) In the event of a disqualification, conflict, or recusal, of the Chief Justice in a given matter, the

senior full-time Associate Justice shall act as Chief Justice as to that matter in making assignments of

Justices and in other procedural matters. If no Justice is available, then one (1) designated Justice shall act

as Chief Justice, in order of seniority.

(n) Part-time Justices may practice law or do other work, but may not work for, nor represent the

government of Guam nor any autonomous agency thereof.

(o) In the event that a permanent vacancy occurs in the position of Chief Justice, the remaining Justices

shall elect one (1) of their number to fill the unexpired term of the previous Chief Justice. In the event that

the remaining term is less than two (2) years, the new Chief Justice may be re-elected notwithstanding

paragraph (j) of this section.