Guam § 22119 - Challenging Compliance with Selection Procedures.

§ 22119. Challenging Compliance with Selection Procedures.

(a) In criminal cases, before the voir dire examination ends, the

defendant may move to dismiss the indictment or stay the proceedings against

him on the ground of substantial failure to comply with the provisions of this

Title in selecting the grand or petit jury.

(b) In criminal cases, before the voir dire examination ends, the

prosecuting attorney may move to dismiss the indictment or stay the

COL10312014

proceedings on the ground of substantial failure to comply with the provisions

of this Title in selecting the petit jury.

(c) In civil cases, before the voir dire examination ends, any party may

move to stay the proceedings on the ground of substantial failure to comply

with the provisions of this Title in selecting the petit jury.

(d) Upon motion filed under Subsection (a), (b) or (c) of this Section,

containing a sworn statement of facts which, if true, would constitute a

substantial failure to comply with the provisions of this Title, the moving party

shall be entitled to present in support of such motion the testimony of the clerk,

if available, any relevant records and papers not public or otherwise available

used by the clerk, and any other relevant evidence. If the court determines that

there has been a substantial failure to comply with the provisions of this Title in

selecting a grand jury, the court shall stay the proceedings pending the selection

of a grand jury in conformity with this Title or dismiss the indictment,

whichever is appropriate. If the court determines that there has been a

substantial failure to comply with the provisions of this Title in selecting the

petit jury, the court shall stay the proceedings pending the selection of a petit

jury in conformity with this Title.

(e) The procedures prescribed by this Section shall be the exclusive

means by which a person accused of a territorial crime, the prosecuting

attorney, or a party in civil case may challenge any jury on the ground that such

jury was not selected in conformity with the provisions of this Title. Nothing in

this Section shall preclude any person or the government of Guam from

pursuing any other remedy, civil or criminal, which may be available for the

vindication or enforcement of any law prohibiting discrimination on account of

race, color, religion, sex, national origin or economic status in the selection of

persons for service on grand or petit juries.

(f) The contents of records or papers used by the clerk in connection

with the jury selection process shall not be disclosed, except pursuant to the

Superior Court plan or as may be necessary in the preparation or presentation of

a motion under Subsection (a), (b), or (c) of this Section, until after the master

jury wheel has been emptied and refilled pursuant to § 22112 of this Chapter

and all persons selected to serve as jurors before the master wheel was emptied

have completed such service. The parties in a case shall be allowed to inspect,

reproduce, and copy such records or papers at all reasonable times during the

preparation and pendency of such a motion. Any person who discloses the

contents of any record or paper in violation of this Subsection is guilty of a

misdemeanor.