Guam § 34102 - Contempt; summary disposition; disposition upon

§ 34102. Contempt; summary disposition; disposition upon

notice and hearing.

(a) A contempt may be punished summarily if the judge

certifies that he saw or heard the conduct constituting the

contempt and that it was committed in the actual presence of the

court. The order of contempt shall recite the facts and shall be

signed by the judge and entered of record.

(b) Except as provided in subsection (a), a contempt shall be

prosecuted on notice. The notice shall state the time and place of

hearing; allowing reasonable time for the preparation of the

defense, and shall state the essential facts constituting the

contempt charged and describe it as such.

(c) Unless some shorter time has been set by the court, three

(3) calendar days notice (excluding Saturdays, Sundays, and

Holidays) shall be deemed reasonable time for notice of a

contempt action based in part or in whole upon an alleged assault

or contempt based in whole or in part on violation of an order to

leave someone alone.

(d) Unless some shorter time has been set by the court, five

(5) calendar days notice (excluding Saturdays, Sundays, and

Holidays) shall be sufficient reasonable notice for contempt

actions which are not based in part or in whole upon an alleged

assault nor based in whole or in part upon a violation of an order

to leave someone alone.

(e) The notice shall be given orally in open court by the judge

in the presence of the person charged with contempt ordering that

person to appear at the hearing, or on application of the Attorney

General, on application by an aggrieved party, or on application

of a Guam attorney representing an aggrieved party. The contempt

may be prosecuted by an order of arrest, by an order to show cause

issued without notice ordering the contemptuous person to appear,

or by motion based upon affidavit. Any such motion, order of

arrest or order to show cause shall be personally served upon the

person so charged; provided, however, that if it appears to the

court that a person so charged is avoiding service and that person

cannot be found and that person has an attorney of record who is

actively at that time representing the person, then, upon ex parte

motion with notice to the attorney involved, the court may

authorize service on the attorney. If a motion for contempt is

made, the clerk of court shall, upon ex parte request of the

complaining party without notice to the person charged, issue

without charge a summons directed to the person charged with

contempt ordering him or her to appear at the hearing on the

motion. Such summons shall be personally served on the person

so charged.

(f) If the person charged with contempt is entitled to a trial

by jury, such trial shall be provided.

(g) A person charged with contempt who is in custody or who

is requested to be placed in custody for a contempt is entitled to

be released pending hearing as provided in Chapter 40, Title 8,

Guam Code Annotated. If the contempt is based upon violation of

an order to leave someone alone, the court shall treat the alleged

violation as an alleged violation of conditions of release in

determining suitability and criteria for release as set forth in

Chapter 40, Title 8, Guam Code Annotated. If the contempt

charged involves disrespect to or a criticism of a judge, that judge

is disqualified from presiding at the trial or hearing except with

the consent of the person charged with contempt. Upon a verdict

or finding of guilt, the court shall enter an order fixing the

punishment.

(h) If an attorney admitted to practice law in Guam is

convicted of a contempt or pleads guilty or nolo contendere to a

contempt charge, the judge hearing the same shall immediately

notify the ethics committee of the Guam Bar Association in order

that disciplinary action may be taken, if appropriate. Upon receipt

of such a notification, the Guam Bar Association shall undertake

an investigation as to whether the attorney should be disciplined.

(i) In any contempt action involving support, if the court

finds that a contempt occurred, the court may modify previous

orders as may be appropriate in any contempt proceeding if such

modifications are found by the court to be in the best interests of

the minor child or children.

(j) In any contempt action involving support, if the court

finds that a contempt occurred, the court may order the suspension

of a motor vehicle operator’s license, a professional or

occupational license, or recreational license, or order denial of an

application therefor, until the contemnor purges that person’s

contempt in such manner as the court directs.