extent not so prescribed the procedure shall be governed by the Penal Code. [Enacted 1953; see Police Court Rules, 1970 edition of Penal Code.] § 106. Sessions. The Police Court shall hold its sessions in Agana and in such other places as its business may require. [Enacted 1953.] § 107. Clerk. The clerk of the Island Court shall be ex officio clerk of the Police Court. [Enacted 1953.] § 111. Composition. § 112. Jurisdiction. § 113. Procedure. CHAPTER V § 111. Composition. Commissioner's courts are held by the commissioners of the several districts of Guam. [Enacted 1953.] § 112. Jurisdiction. Commissioner's courts shall have original jurisdiction, exclusive of the District Court but concurrent with the Island Court and the Police Court, to hear and determine summarily cases of petty criminal offenses under the laws of Guam committed within their respective districts in which the maximum punishment that may be imposed is a fine of not more than five dollars ($5.00). [Enacted 1953.] § 113. Procedure. The procedure in commissioner's courts may be prescribed by rules adopted by the Judicial Council. [Enacted 1953.] § 121. Composition. There shall be a Judicial Council of Guam, which shall consist of the Judge of the District Court of Guam, the Chief Judge and judges of the Island Court, the Chairman of the Committee on Judiciary of the Legislature, the Attorney General of Guam, and the president of the Bar Association of Guam. The concurrence of a majority of the members shall be necessary to any action taken by the Judicial Council. The Judicial Council annually shall elect a chairman and a vice-chairman from among its members and a secretary who shall not be a member of the Judicial Council. No member or officer of the Judicial Council, except the secretary, shall receive any compensation as such. [Enacted 1953; amended by P.L. 5-12, effective March 11, 1960, and by P.L. 5-79, effective March 14, 1960; further amended by P.L. 9-156, effective January 8, 1969.] § 122. Powers and duties. The Judicial Council shall from time to time: 1. Meet at the call of the chairman or as otherwise provided by it; 2. Periodically survey the condition of business in the several courts of the territory with a view to simplifying and improving the administration of justice; 3. Make all necessary orders for the effective and expeditious administration of the business of the courts of the territory; 4. Report to the Governor and the Legislature annually as to the state of the business of the courts with such recommendations as it may deem proper; and 5. Exercise such other functions as may be provided by law. [Enacted 1953.] § 123. Rules of procedure. The Judicial Council shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure of the courts of Guam in both civil and criminal actions, and appeals therein, and the practice and procedure in proceedings for the judicial review or enforcement of orders of administrative agencies, boards, commissions, and officers. Such rules shall not abridge, enlarge, or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Sixth and Seventh Amendments to the Constitution. Such rules shall not take effect until they have been reported to the Legislature by the Chairman of the Judicial Council at or after the beginning of a regular session thereof but not later than the first day of May, and until the expiration of ninety (90) days after they have been thus reported. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. Any such rules heretofore prescribed by the Judicial Council shall remain in effect but shall be reported to the Legislature by January 15, 1969. Any rule may be annulled or amended by a law limited to the purpose. [Enacted 1953; repealed and added by P.L. 9-256, effective January 8, 1969.] [EDITOR'S NOTE: Notwithstanding the language of § 123, attention is called to the fact that the Federal Rules of Civil and Criminal Procedure are applicable to proceedings in the District Court of Guam (48 USCA 1424) and where so applicable will supersede conflicting provisions of this Code of Civil Procedure. Pursuant to § 123, the Judicial Council submitted proposed Rules of Practice and Procedure for both Criminal and Civil actions, Island Court of Guam, to the Guam Legislature; these rules were adopted by the Legislature en toto, effective July 31, 1969. The Rules for Criminal Procedure are contained in Part III, 1970 edition of the Guam Penal Code; the Rules for Civil Procedure can be found in this 1970 edition of the Code of Civil Procedure.] § 124. Observance of rules and orders. It shall be the duty of the judges and officers of the several courts of the territory to observe and carry out the rules and orders made by the Judicial Council under the authority of law. [Enacted 1953.] § 131. Proceedings and records public. The sessions of every court of justice shall be open to the public. The records. of every court of justice shall be public records and shall be open to the inspection of any citizen or party in interest, under the supervision of the clerk of the court having custody of the records during business hours. [Enacted 1953.] § 132. Civil liability of judge. No judge shall be liable in a civil action for damages by reason of any judicial action or judgment rendered by him in good faith. [Enacted 1953.] § 133. Incidental powers and duties of courts. Every court shall have power: 1. To preserve and enforce order in its immediate presence; 2. To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority; 3. To provide for the orderly conduct of proceedings before it or its officers; 4. To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein; 5. To control in furtherance of justice the conduct of its ministerial officers and of all other persons in any manner connected with a judicial proceeding before it in every matter appertaining thereto; 6. To compel the attendance of persons to testify in an action or proceeding pending therein in the cases and manner provided in this Code and in the Penal Code; 7. To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties; and 8. To amend and control its process and orders so as to make them conformable to law and justice. [Enacted 1953.] § 134. Harmless errors and defects. On the hearing of any appeal, the court shall give judgment after an examination of the record without regard to errors or defects which do not affect the substantial rights of the parties. Such defects shall not invalidate any judgment, order, writ or process or warrant disobedience thereof, provided the meaning thereof can be clearly understood from the language used therein. [Enacted 1953.] § 135. Adjournment for absence of judge. If no judge attends on the day appointed for a session of any court, or on the day to which it may have adjourned, before noon, the clerk may adjourn the court until the next day and so on from day to day, until the judge attends or by written order directs the court to be adjourned to a day certain fixed in the order, in which case the clerk shall so adjourn it. In case the judge is absent for more than ten (10) days or is disabled or disqualified from acting the clerk shall forthwith notify the chairman of the Judicial Council of the fact. [Enacted 1953.] § 136. Assignment and appointment of judges temporarily. If a judge of a territorial court is absent, disabled or disqualified from acting and if the proper dispatch of the business of the court so requires, the Judicial Council may, in the case of the District Court, request the Chief Justice of the United States to assign a judge thereto temporarily as provided by Section 24 (a) of the Organic Act of Guam [48 USCA 1424b], and, in the case of the Island Court or the Police Court, may temporarily assign the judge of the Police Court to the Island Court or a judge of the Island Court to the Police Court, as the case may be. If the proper dispatch of the business of the Island Court or the Police Court so requires, the Governor, upon the request of the Judicial Council, may appoint a judge pro tempore to serve for a designated temporary period in the court. [Enacted 1953; U.S. Code reference added by Editor.] § 137. Seals of courts. Each territorial court, except the commissioner's courts, shall have a seal which shall be kept by its clerk. The seal of the court need be affixed only to writs and process, to certificates of probate of a will or the appointment of an executor, administrator or guardian, and to the authentication of a copy of a record or other proceeding of the court or of an officer thereof, or of a copy of a document on file in the office of the clerk. [Enacted 1953.] |