Guam § 5107 - Determination of Judicial Disqualification.

§ 5107. Determination of Judicial Disqualification.

(a) The Supreme Court of Guam shall constitute a special court to receive the recommendation of the

subcommittee and conduct a hearing thereon.

(b) Following certification by the subcommittee, the special court may subpoena witnesses, administer

oaths, and take testimony relating to the charge and may order the production for examination of any books

or papers relative to the charge.

(c) The special court shall set a time and place for a hearing, giving notice to the complainant and the

Justice or Judge involved. All parties shall have an opportunity to:

(1) Be heard;

(2) Subpoena witnesses and require the production of any books or papers relating to the

proceedings;

(3) Be represented by counsel;

(4) Have the right of cross examination.

All witnesses shall testify under oath and the hearing shall be closed to the public unless the Justice or Judge

complained against requests for an open hearing. The special court shall not be bound by the rules of

evidence but its findings must be based upon competent and substantial evidence.

2025 NOTE: Procedural and local rules of court, including the current version of the Guam Rules for Judicial

Disciplinary Enforcement, may be accessed on the Compiler of Laws website at

https://www.guamcourts.org/CompilerofLaws/index.html under the “Court Rules” tab.

2014 NOTE: Judicial discipline is now governed by the Guam Rules of Judicial Disciplinary Enforcement. See Chapter

5, 2014 Note.

1985 SOURCE: Former CCP § 96.