Guam § 4401 - Magistrates.

§ 4401. Magistrates.

(a) The Chief Justice of the Supreme Court of Guam may appoint such magistrates as are necessary

for the proper administration of justice. A magistrate shall be appointed as follows:

(1) Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the

position of magistrate;

(2) The Guam Bar Association will then submit the names of three (3) candidates to the Chief

Justice;

(3) The Chief Justice must appoint the magistrate from the list provided by the Guam Bar

Association.

(4) The appointment by the Chief Justice is subject to the approval of I Liheslaturan Guåhan.

(b) A magistrate shall:

(1) serve a four (4) year term, removable for cause;

(2) be at least thirty (30) years of age;

(3) meet the qualifications required of a Superior Court Judge as articulated by §§ 3109(c), (d)

and (e), Title 7, GCA;

(4) be a member in good standing of the Guam Bar Association;

(5) not have been convicted of any felony or any misdemeanor involving moral turpitude;

(6) not be related by blood within the third degree of consanguinity or marriage to a judge or

justice of the courts of Guam at the time of his or her initial appointment;

(7) be subject to the same ethical standards as a Superior Court Judge or Justice, to include the

Guam Rules for Judicial Disciplinary Enforcement; and

(8) receive a salary no greater than ninety percent (90%) of a Judge who is not the Presiding

Judge.

(c) As assigned by the Chief Justice, a magistrate shall:

(1) preside over and render decisions and judgments in small claims cases, traffic cases, change

of name petitions, and collection cases, and may grant uncontested divorces in cases where there is a

notarized consent on file;

(2) enter judgment upon confession of judgment or default judgment in a civil case when a party

alleges a sum certain is due;

(3) preside over post-judgment collection proceedings in civil cases and restitution judgments in

criminal cases, and issue writs of execution and other orders in such proceedings;

(4) preside over first appearances of criminal defendants and arraignments in criminal cases, set

or modify bail and order pre-trial release conditions or detention, take pleas, including accepting guilty

pleas in misdemeanor cases, sentencing misdemeanants, and entering judgments accordingly;

(5) issue summons, issue bench warrants, and hear return of warrants in all cases;

(6) preside over any matters which may be heard by a Referee of the Superior Court of Guam;

(7) serve as a Special Master upon appointment by the Presiding Judge;

(8) serve as Judge Pro Temporare upon appointment by the Chief Justice;

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(9) serve as a settlement judge in a civil or domestic case upon appointment by the Presiding

Judge;

(10) conduct criminal trial setting hearings;

(11) preside over preliminary hearings in criminal cases, and render decisions and judgments over

procedural and discovery motions in criminal matters;

(12) preside over initial scheduling conferences in civil matters, to include, but not limited to:

initial pretrial conferences, case scheduling, discovery disputes, motions, and settlement efforts;

(13) preside over unlawful detainer proceedings;

(14) hear and determine any pretrial matter, other than case dispositive motions, and preside over

status hearings in all matters;

(15) issue search warrants and issue arrest warrants in all cases;

(16) take grand jury returns; and

(17) solemnize marriages.

(d) The Chief Justice may reappoint a sitting magistrate without confirmation by I Liheslaturan

Guåhan upon a unanimous recommendation of the Judicial Council:

(1) for one (1) additional term of four (4) years; or

(2) until a new magistrate is appointed and duly confirmed, but not to exceed ninety (90) days.