Guam § 3105 - Compelling Discovery Through I Liheslaturan Guåhan and

§ 3105. Compelling Discovery Through I Liheslaturan Guåhan and

Imposing Sanctions.

(a) Jurisdiction. Upon the noncompliance by a witness with a subpoena

or subpoena duces tecum issued by a Committee or I Liheslaturan Guåhan,

including the failure of a witness to provide all the documents requested by

a subpoena duces tecum, the Committee or I Liheslaturan Guåhan shall

have the jurisdiction and authority to make a finding of Legislative

Contempt against a witness and determine the appropriate action and

sanction to impose

(b) Finding Legislative Contempt. Legislative Contempt may be

against a Committee or against I Liheslaturan Guåhan itself, both of which

shall constitute contempt against I Liheslaturan Guåhan.

(1) Finding Legislative Contempt Against I Liheslaturan

Guåhan.In the event that the Speaker or a Member believes a

Legislative Contempt has occurred, the Speaker or the Member may

apply to the legislative Body during legislative Session, or during the

Committee of the Whole for a finding of Legislative Contempt against

the witness or an order specifying action(s) to be taken by the witness,

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or both. The Body shall thereafter vote by a majority of its Members

for the issuance of a >Citation for Legislative Contempt= (>Citation=) for

the purpose of determining Legislative Contempt and imposing

sanctions or crafting an order of compliance, which may include

imprisonment, imprisonment until compliance or a fine, or all the

sanctions. At that Session the Speaker shall identify when the next

Session will be conducted to hear the Citation, thereby affording the

witness an opportunity to explain and defend. I Liheslaturan Guåhan

may also make specific orders in furtherance of its authority under this

Chapter.

The Citation shall summon the witness to appear before I

Liheslaturan Guåhan, during a convening of the Committee of the

Whole for such purpose, at a specific place and time to answer the

Citation. The Citation shall also contain within it a brief description of

the facts causing the issuance of the Citation. No notice need be given

to the public, except as was announced at the Session authorizing the

Citation=s issuance. The Citation shall also advise the witness of the

potential penalties which may be imposed, including imprisonment or

fine, or both, and shall be immediately served by the legislative

Sergeant-at-Arms, an Assistant Sergeant-at-Arms, or with the

assistance of the Superior Court of Guam Marshals.

At the hearing for Legislative Contempt the witness may have

counsel present, shall be heard if the witness chooses, and may answer

questions of the Members. After the hearing I Liheslaturan Guåhan

shall vote by a two-thirds (2/3) majority of its Members during Session

in order to find if Legislative Contempt occurred and impose

sanctions, be they imprisonment or fine, or both. I Liheslaturan

Guåhan may also craft an order of compliance. The decision(s) of I

Liheslaturan Guåhan shall be reduced to a Legislative Resolution

during the Session either finding Legislative Contempt and setting

forth the remedy, or not. The final determination of Legislative

Contempt shall not be appealable in the Superior Court of Guam,

however, the Speaker may at any time after the approval of sanctions

rescind said sanctions, at the Speaker=s sole election.

(2) Finding Legislative Contempt Against a Committee. In the

event that the Chairperson or a Member of the Committee believes a

Legislative Contempt has occurred, the Chairperson or a Committee

Member may apply to the Committee for a finding of Legislative

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Contempt against the witness and an order specifying action(s) to be

taken by the witness. The Committee shall thereafter vote by a

majority of its Members during any hearing for the issuance of a

>Citation for Legislative Contempt= (>Citation=) to find Legislative

Contempt and then impose sanctions or craft an order of compliance,

or both. The sanctions may include imprisonment, imprisonment until

compliance or a fine, or all the sanctions. At that hearing the

Chairperson shall identify when the next hearing will be conducted to

hear the Citation, thereby affording the witness an opportunity to

explain and defend. The Committee may also make specific orders in

furtherance of its authority under this Chapter.

The Citation shall summon the witness to appear before the

Committee at a specific place and time to answer the Citation. The

Citation shall also contain within it a brief description of the facts

causing the issuance of the Citation. The hearing shall be within five

(5) calendar days of the Committee hearing authorizing the Citation,

and no notice need be given to the public, except as was announced at

the hearing authorizing the Citation=s issuance. The Citation shall also

advise the witness of the potential penalties which may be imposed,

including imprisonment or fine, or both, and shall be immediately

served by the legislative Sergeant-at-Arms, an Assistant Sergeant-at-

Arms, or with the assistance of the Superior Court of Guam Marshals.

At the Committee hearing for Legislative Contempt the witness

may have counsel present, shall be heard if the witness chooses, and

may answer questions of the Committee Members. After the hearing

the Committee shall vote by a two-thirds (2/3) majority of its Members

in order to find Legislative Contempt and impose sanctions, be they

imprisonment or fine, or both. The Committee may also craft an order

of compliance. The decision(s) of the Committee shall be reduced to a

Committee resolution either finding Legislative Contempt and setting

forth the Committee=s remedy, or not. A Committee resolution finding

Legislative Contempt shall immediately thereafter be submitted to the

Speaker of I Liheslaturan Guåhan and the Chairperson of the

Committee on Rules for their discretionary concurrence, and if

approved thereafter certified by the Legislative Secretary. The final

determination of Legislative Contempt, approved by the Speaker and

the Chairperson of the Committee on Rules, shall not be appealable in

the Superior Court of Guam, however, the Speaker may at any time

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after the approval of sanctions rescind said sanctions, at the Speaker=s

sole election.

(c) Imposition of Sanctions. In the event of a finding of Legislative

Contempt, the certified resolution shall thereafter be filed with the Superior

Court of Guam via a Petition which shall include the approved and certified

resolution finding Legislative Contempt and identifying the sanction(s) or

legislative order(s), or both. The Petition shall be entitled a >Petition for

Imposing Sanctions for Legislative Contempt,= which shall be a Special

Proceedings case expedited and heard by the Court within five (5) calendar

days. Notice shall be given to the witness who was found to be in

Legislative Contempt. A judicial bench warrant may be issued for failing to

appear at the court hearing once notice is duly served. The Court=s

jurisdiction shall be limited to only administering the imposition of the

sanction(s) or order(s), or both, provided in the resolution, and the Court

shall maintain jurisdiction until such time as the sanction(s) or order(s), or

both, is completely executed.

The execution of the sanctions imposed under this Section shall

include utilizing the assistance of Court=s Marshals and the Department of

Corrections, in coordination with the legislative Sergeant-at-Arms.