Guam § 3109 - Nomination, Appointment, Eligibility, and Tenure of Justices and Judges.

§ 3109. Nomination, Appointment, Eligibility, and Tenure of Justices and Judges.

(a) I Maga’hågan/Maga’låhen Guåhan, with the advice and consent of I Liheslaturan Guåhan, shall

appoint a qualified person to each of the positions of Justice created by this Title; and subject to the advice

and consent of I Liheslaturan Guåhan, appoint a qualified person to any vacancy occurring in either the

Supreme Court or the Superior Court of Guam, and to any newly created position of Justice or Judge

authorized by statute.

The Judicial Council and the Guam Bar Association may each submit a list of qualified nominees for I

Maga’hågan/Maga’låhen Guåhan’s consideration. No sitting Judge of the Superior Court of Guam shall

be excluded from the pool of nominees for the Supreme Court of Guam.

(b) [Repealed.]

(c) The Chief Justice and each Associate Justice of the Supreme Court of Guam shall be a United

States citizen, a bona fide resident of Guam for at least five (5) years and shall have been in the active

practice of law on Guam for a period of at least ten (10) years before said nomination. The Presiding Judge

and each other Judge of the Superior Court of Guam shall be a United States citizen, a bona fide resident

of Guam for at least five (5) years and shall be in the active practice of law on Guam for a period of seven

(7) years before said nomination.

(d) No Justice or Judge shall, during the term of office, engage in the private practice of law. No Justice

or Judge shall, during the term of office, run for or hold any other office or position of profit under the

United States, any State, Guam or any other political subdivision of the United States.

(e) “Active practice of law” includes time spent as a Justice or Judge on Guam.

(f) Any sitting Justice or Judge residing in the CNMI and admitted to the practice of law in the CNMI

shall be eligible to sit on the Bench on the Supreme Court of Guam or the Superior Court of Guam;

provided, that the Justices and Judges from Guam are accorded the same reciprocity by the CNMI.