[Congressional Record Volume 149, Number 85 (Wednesday, June 11, 2003)]
[Extensions of Remarks]
[Page E1201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E1201]]
    INTRODUCTION OF A BILL TO AMEND THE ORGANIC ACT OF GUAM FOR THE 
      PURPOSES OF CLARIFYING THE LOCAL JUDICIAL STRUCTURE OF GUAM

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                         Tuesday, June 10, 2003

  Ms. BORDALLO. Mr. Speaker, today I am introducing legislation to 
amend the Organic Act of Guam to establish the Guam Judiciary as the 
third, co-equal and independent branch of the Government of Guam. My 
bill also clarifies that the Supreme Court of Guam shall have authority 
over all inferior courts in the Guam Judiciary.
  Currently, the Guam Legislature and the Guam Executive Branch have 
the power to abolish the Supreme Court of Guam, and as such, may 
infringe upon the Judiciary's independence. This unequal balance of 
power was created by the 1984 Omnibus Territories Act which authorized 
the creation of an appellate court on Guam; however, this statute 
unintentionally left the newly created court subordinate to the powers 
of the Legislature and the Executive. My bill to amend the Organic Act 
of Guam remedies this unacceptable situation by making the Supreme 
Court of Guam an ``Organic'' court equal in stature to the other 
branches of government and providing the Guam Judiciary the same 
protection as the other branches have in their status under the Organic 
Act of Guam. Just as the Governor cannot disband the Legislature, and 
the Legislature cannot abolish the Executive, so too should the 
Judiciary be free from the threat of abolishment by the Legislative or 
Executive branches if their judicial decisions come under political 
fire. The Guam Judiciary needs to be insulated from the possibility of 
political interference by the Legislative and Executive branches, and 
the balance of power among these branches needs to be restored and 
protected.
  This bill has received strong support from the Supreme Court of Guam, 
the Guam Bar Association, along with various members of the Guam 
Legislature, including Speaker Vicente (Ben) C. Pangelinan. In 
addition, Senator F. Randall Cunliffe, Chairman of the Committee on 
Judiciary and Transportation in the 27th Guam Legislature, fully 
supports this bill.
  The bill I am introducing today is in the same form as reported out 
by the Committee on Resources in the 107th Congress. This bill has 
evolved since it was first introduced in the 105th Congress by former 
Congressman Robert Underwood, my predecessor, as the Guam Judicial 
Empowerment Act, and in its current form, this bill reflects 
improvements suggested by the U.S. District Court of Guam and the 
Committee.
  I urge my colleagues to support this bill to amend the Organic Act of 
Guam in recognition of the importance of having a strong Judiciary and 
in furtherance of Guam's efforts to achieve the greatest amount of 
self-governance possible. I look forward to working with the leadership 
on this issue, and I hope that this legislation would be reported 
expeditiously to the House by the Committee on Resources for 
consideration on the floor.

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