[Congressional Record Volume 148, Number 106 (Tuesday, July 30, 2002)]
[Senate]
[Pages S7582-S7583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Craig):
  S. 2823. A bill to amend the Organic Act of Guam for the purposes of 
clarifying the local judicial structure of Guam; to the Committee on 
Energy and Natural Resources.
  Mr. AKAKA. Mr. President, I am pleased to introduce legislation with 
the senior Senator from Idaho, Mr. Craig, which amends the Organic Act 
of Guam to clarify Guam's judicial structure by ensuring that it is a 
unified and co-equal branch of the Government of Guam. The Organic Act 
establishes the executive and legislative branches of the Government of 
Guam. This legislation would simply include Guam's judicial branch in 
the Organic Act.
  Similar legislation, H.R. 521, was introduced in the House of 
Representatives by Representative Robert Underwood of Guam. The Bush 
Administration has no objection to the enactment of H.R. 521. The 
Congressional Budget Office also estimated that the legislation would 
have no impact on the federal budget.
  For those of us who have followed and worked on territorial issues 
for a long time, we do our best to balance the role of Congress when 
overriding federal interests are involved with the concerns expressed 
by territorial leaders and the general public. In this case, the 
establishment of an independent judicial branch on Guam is an 
overriding federal interest and is broadly supported by the people of 
Guam. This bill is supported by General Ben Blaz, former Guam Delegate 
to Congress, Guam Governor Carl Guiterrez, Justice Philip Carbullido, 
Acting Chief Justice of Guam's Supreme Court, the Guam Bar Association, 
Guam's legal community, the National Conference of Chief Justices, and 
the Guam Pacific Daily News.
  I believe that today's legislation is necessary to ensure the 
integrity and independence of Guam's judicial system as co-equal with 
the executive and legislative branches of the Government of Guam. I 
look forward to working with my colleagues in the Senate on this 
important issue.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2823

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. JUDICIAL STRUCTURE OF GUAM.

       (a) Judicial Authority; Courts.--Section 22(a) of the 
     Organic Act of Guam (48 U.S.C. 1424(a)) is amended to read as 
     follows:
       ``(a)(1) The judicial authority of Guam shall be vested in 
     a court established by Congress designated as the `District 
     Court of Guam', and a judicial branch of Guam which branch 
     shall constitute a unified judicial system and include an 
     appellate court designated as the `Supreme Court of Guam', a 
     trial court designated as the `Superior Court of Guam', and 
     such other lower local courts as may have been or shall 
     hereafter be established by the laws of Guam.
       ``(2) The Supreme Court of Guam may, by rules of such 
     court, create divisions of the Superior Court of Guam and 
     other local courts of Guam.
       ``(3) The courts of record for Guam shall be the District 
     Court of Guam, the Supreme Court of Guam, the Superior Court 
     of Guam (except the Traffic and Small Claims divisions of the 
     Superior Court of Guam) and any other local courts or 
     divisions of local courts that the Supreme Court of Guam 
     shall designate.''.
       (b) Jurisdiction and Powers of Local Courts.--Section 22A 
     of the Organic Act of Guam (48 U.S.C. 1424-1) is amended to 
     read as follows:
       ``Sec. 22A. (a) The Supreme Court of Guam shall be the 
     highest court of the judicial branch of Guam (excluding the 
     District Court of Guam) and shall--
       ``(1) have original jurisdiction over proceedings necessary 
     to protect its appellate jurisdiction and supervisory 
     authority and such other original jurisdiction as the laws of 
     Guam may provide;
       ``(2) have jurisdiction to hear appeals over any cause in 
     Guam decided by the Superior Court of Guam or other courts 
     established under the laws of Guam;
       ``(3) have jurisdiction to issue all orders and writs in 
     aid of its appellate, supervisory, and original jurisdiction, 
     including those orders necessary for the supervision of the 
     judicial branch of Guam;
       ``(4) have supervisory jurisdiction over the Superior Court 
     of Guam and all other courts of the judicial branch of Guam;

[[Page S7583]]

       ``(5) hear and determine appeals by a panel of three of the 
     justices of the Supreme Court of Guam and a concurrence of 
     two such justices shall be necessary to a decision of the 
     Supreme Court of Guam on the merits of an appeal;
       ``(6) make and promulgate rules governing the 
     administration of the judiciary and the practice and 
     procedure in the courts of the judicial branch of Guam, 
     including procedures for the determination of an appeal en 
     banc; and
       ``(7) govern attorney and judicial ethics and the practice 
     of law in Guam, including admission to practice law and the 
     conduct and discipline of persons admitted to practice law.
       ``(b) The Chief Justice of the Supreme Court of Guam--
       ``(1) shall preside over the Supreme Court unless 
     disqualified or unable to act;
       ``(2) shall be the administrative head of, and have general 
     supervisory power over, all departments, divisions, and other 
     instrumentalities of the judicial branch of Guam; and
       ``(3) may issue such administrative orders on behalf of the 
     Supreme Court of Guam as necessary for the efficient 
     administration of the judicial branch of Guam.
       ``(c) The Chief Justice of the Supreme Court of Guam, or a 
     justice sitting in place of such Chief Justice, may make any 
     appropriate order with respect to--
       ``(1) an appeal prior to the hearing and determination of 
     that appeal on the merits; or
       ``(2) dismissal of an appeal for lack of jurisdiction or 
     failure to take or prosecute the appeal in accordance with 
     applicable laws or rules of procedure.
       ``(d) Except as granted to the Supreme Court of Guam or 
     otherwise provided by this Act or any other Act of Congress, 
     the Superior Court of Guam and all other local courts 
     established by the laws of Guam shall have such original and 
     appellate jurisdiction over all causes in Guam as the laws of 
     Guam provide, except that such jurisdiction shall be subject 
     to the exclusive or concurrent jurisdiction conferred on the 
     District Court of Guam under section 22 of this Act.
       ``(e) The qualifications and duties of the justices and 
     judges of the Supreme Court of Guam, the Superior Court of 
     Guam, and all other local courts established by the laws of 
     Guam shall be governed by the laws of Guam and the rules of 
     such courts.''.
       (c) Technical Amendments.--(1) Section 22C(a) of the 
     Organic Act of Guam (48 U.S.C. 1424-3(a)) is amended by 
     inserting ``which is known as the Supreme Court of Guam,'' 
     after ``appellate court authorized by section 22A(a) of this 
     Act,''.
       (2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 
     1424-3(d)) is amended--
       (A) by inserting ``, which is known as the Supreme Court of 
     Guam,'' after ``appellate court provided for in section 
     22A(a) of this Act''; and
       (B) by striking ``taken to the appellate court'' and 
     inserting ``taken to such appellate court''.

     SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

       Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) 
     is amended by striking ``: Provided, That'' and all that 
     follows through the end and inserting a period.
                                 ______