[Congressional Record Volume 150, Number 108 (Monday, September 13, 2004)]
[House]
[Pages H7025-H7028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING THE ORGANIC ACT OF GUAM
Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 2400) to amend the Organic Act of Guam for the purposes
of clarifying the local judicial structure of Guam.
The Clerk read as follows:
H.R. 2400
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:
[[Page H7026]]
``(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;
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentlewoman from Guam (Ms.
Bordallo) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Radanovich).
General Leave
Mr. RADANOVICH. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Madam Speaker, I yield 3 minutes to the gentleman
from Arizona (Mr. Flake).
Mr. FLAKE. Madam Speaker, I thank the gentleman for yielding me this
time.
I am pleased that this bill that I introduced with the gentlewoman
from Guam (Ms. Bordallo) is being considered on the floor today.
Madam Speaker, in what currently poses a potential threat to self-
governance in the territory of Guam, the Guam legislature and the Guam
executive branch currently have the power to abolish the Supreme Court
of Guam, thus infringing on the judiciary's independence. This
unintentional unequal balance of power was created by the 1984 Omnibus
Territories Act, which authorized the creation of an appellate court on
Guam. Unfortunately, this statute left the newly created court
subordinate to the powers of the legislature and the executive.
The possibility of removing judges if rulings are unpopular or
abolishing the court and replacing it with one elected by the
legislature would directly threaten the people of Guam's faith in their
own courts and the democratic process. It is an unacceptable situation.
This legislation remedies the potential constitutional crisis by
making the Supreme Court of Guam a court equal in stature with the
other branches of government and providing the Guam judiciary the same
protection as the other two branches have in their status under the
Organic Act of Guam.
I had the unique opportunity to hear first hand many of Guam's
political leaders express support for this legislation during our CODEL
to the Pacific Islands earlier this year. I also have a constituent
right around the corner from me who spends time on Guam, and he has
educated me over the past couple of years to the potential problem here
with this, and I am glad that we are moving through on it.
I want to thank the leadership of the gentleman from California
(Chairman Pombo) for moving this ahead and for his leadership on all
other areas and concerns of our territories. And I want to thank the
gentlewoman from Guam also for working hard on this.
I urge adoption of this important legislation.
Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may
consume.
The gentlewoman from Guam (Ms. Bordallo) has introduced legislation
that seeks to resolve issues of uncertainty surrounding the judicial
branch and its powers in Guam. Her legislation, H.R. 2400, will amend
the territory's Organic Act to clarify the structure of Guam's judicial
branch. At this point I will allow the author to explain the bill.
Madam Speaker, I reserve the balance of my time.
Ms. BORDALLO. Madam Speaker, I yield myself such time as I may
consume.
(Ms. BORDALLO asked and was given permission to revise and extend her
remarks.)
Ms. BORDALLO. Madam Speaker, today we are considering 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.
Passing H.R. 2400 is an important and necessary step in the exercising
of Congress's plenary authority over the territories as granted in
article IV of the United States Constitution. The bill is relatively
straightforward and has the full support of all Guam's leaders.
I introduced H.R. 2400 last year at the request of the chief justice
of the Supreme Court of Guam and the chairman of the 27th Guam
legislature's Committee on the Judiciary. The bill would empower Guam's
judiciary by clarifying the territory's local judicial structure. In
essence, H.R. 2400 would amend the Organic Act of Guam to vest
[[Page H7027]]
the Supreme Court of Guam with authority over all inferior courts in
the Guam judiciary, including the Superior Court of Guam and any such
other lower courts as may be established by the laws of Guam.
A quick understanding of the history and evolution of the local
judiciary in Guam reveals the need for this legislation. Guam's Organic
Act, passed in August of 1950, provided for the organization of the
territorial government. Therein, the judicial branch of the Government
of Guam was created, which consisted of a district court of Guam having
the jurisdiction of a district court of the United States and
designated as Guam's appellate court to hear appeals from the local
court.
In 1973, Guam's leaders made their first attempt at creating a
Supreme Court of Guam, but that court's existence was short lived. The
establishment of the first Supreme Court of Guam was ruled inorganic by
the United States Supreme Court in the Territory of Guam v. Olsen. In
rendering this decision, the United States Supreme Court held the
Organic Act of Guam did not authorize the transfer of appellate
jurisdiction from the Ninth Circuit Court of Appeals to a locally
established appellate court.
In 1984, in response to the United States Supreme Court decision,
Congress amended the Organic Act of Guam through the passage of an
Omnibus Territories Act, Public Law 98-454, and granted the Guam
legislature the authority to establish a local appellate court. In
1993, the Guam legislature exercised its authority and created the
Supreme Court of Guam through passage of local law.
However, in authorizing the creation of a Supreme Court of Guam, the
Congress left the newly created court subordinate to Guam's other two
branches of government. Guam's executive and legislative branches are
established in the Organic Act of Guam, which in lieu of an adopted
constitution serves to provide the framework and powers for the
territory's executive and legislative branches.
{time} 1700
As the current judicial structure is established in Guam law, it can
be subject to manipulations based upon shifts in control of Guam's
executive and legislative branches. 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.
H.R. 2400 would remedy this 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 are found to be unpopular at any given point
in time.
Madam Speaker, judicial independence cannot and should not be taken
for granted. As Guam's self-governance continues to advance, the legal
rights of the people of Guam should not be left to the discretion of
the political branches. As Alexander Hamilton wrote in The Federalist
No. 78, ``There is no liberty if the power of judging be not separated
from the legislative and the executive powers.''
An independent judiciary is in its purest form accountable only to
the rule of law, not other political actors. H.R. 2400 seeks to
solidify such an independent judicial structure for the government of
Guam in the Organic Act in the highest traditions of American
federalism.
The version of the legislation we are considering today, Madam
Speaker, 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 my predecessor, former
Congressman Robert Underwood, as the Guam Judicial Empowerment Act, and
in its current form reflects improvements suggested by the U.S.
District Court of Guam and the Committee on Resources.
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.
Madam Speaker, I include for the Record a letter from the Governor of
Guam, the Honorable Felix P. Camacho, in support of establishing Guam's
judicial branch in the Organic Act of Guam; a resolution from the 27th
Guam Legislature urging passage of H.R. 2400; and a resolution in
support of the bill from the Judicial Council of Guam.
Office of the Governor of Guam,
Hagatna, Guam, May 7, 2004.
Hon. Madeleine Z. Bordallo,
Congresswoman, House of Representatives,
Washington, DC.
Dear Madeleine: This letter is written in reference to H.R.
2400, a bill to amend the Organic Act of Guam for the
purposes of clarifying the local judicial structure of Guam.
I stated in previous testimony in reference to a similar
bill introduced by your predecessor in the 107th Congress,
``I certainly support the independence of all branches of
government, inclusive of the judicial branch of Guam.'' As
the Chief Executive of our Territory, I certainly appreciate
our tri-partite form of government which was crafted by the
founders of our great nation and unanimously adopted by the
states of our union. I fully recognize that the effectiveness
of our system of government, both on the federal and local
level, rests in checks and balances. To this end, I recognize
that the judicial branch of our Territory, like our executive
and legislative branches, must be ``constitutionally''
established or in our case, have an ``Organic'' existence
with similar powers to govern, reorganize, manage and account
for its branch with judicial independence founded under our
U.S. Constitution. To the extent H.R. 2400 furthers this
principle, I am supportive of your efforts and the assistance
of your colleagues.
My personal preference is for our tri-partite structure of
government to be established in a Guam Constitution. Further,
the specifics of the internal operation of our judicial
branch should be established locally. However, I am cognizant
that since I submitted my previous testimony to Congress on
this issue, local law affecting the Guam judiciary has
changed. In addition, until Guam adopts its own constitution,
the Organic Act functions as Guam's de facto constitution.
For these reasons, I support your efforts to establish Guam's
judicial branch in our Organic Act.
With Warm Personal Regards,
Felix P. Camacho,
Governor of Guam.
____
I Mina'Bente Siete na Liheslaturan Guahan
2004 (Second) Regular Session--Resolution No. 139 (LS)
As amended on the Floor.
Introduced by: v.c. pangelinan; F.R. Cunliffe; R. Klitzkie;
T.R. Muna Barnes; F.B. Aguon, Jr.; J.M.S. Brown; C.
Fernandez; Mark Forbes; L.F. Kasperbauer; L.A. Leon Guerrero;
J.A. Lujan; J.M. Quinata; R.J. Respicio; Toni Sanford; Ray
Tenorio.
Relative to amending the Organic Act of Guam for the
purpose of clarifying the local judicial structure of Guam.
Be it resolved by I Mina'Bente Siete na Liheslaturan
Guahan:
Whereas, in our island's quest to achieve greater self-
governance, the United States Congress amended the Organic
Act of Guam in 1984 authorizing the Guam Legislature to
reorganize the island Judiciary and establish an appellate
court for island residents; and
Whereas, from 1984 to 1992, bi-partisan legislators,
executive and judicial branch officials, legal practitioners
and the community-at-large contributed to preparing draft
legislation which culminated in the passage of Public Law
21-147, the ``Frank G. Lujan Memorial Act'' that
reorganized the island's Judicial Branch, creating the
Supreme Court of Guam as the island's highest appellate
court and establishing it as the administrative head of
the island Judiciary; and
Whereas, since 1996 when the Supreme Court of Guam was
first empanelled in accordance with the provisions of Federal
and local law, the island's high court and the Judiciary has
been subjected to frequent legislative changes eroding the
independence of the Guam Judiciary; and
Whereas, in reaffirming the original intent of local and
Federal lawmakers who sought to create a supreme Court of
Guam with the Supreme Court as the head of the island
Judiciary, the Twenty-Seventh Guam Legislature, I Mina Bente
Siete Na Liheslaturan Guahan, passed Public Law 27-31, ``An
Act to Reorganize the Judiciary as the Third Co-Equal and
Independent Branch of the Government of Guam . . .'' in
October 2003; and
Whereas, Public Law 27-31 and similar local legislation can
be amended or repealed at any time, thus further threatening
the independence of the Guam Judiciary; and
Whereas, local legislators, officials, and resident alike
believe that absent a Guam Constitution, an amendment to the
Organic Act is needed to firmly establish the Judicial Branch
of Guam, with the Supreme Court of Guam at its head, as a
separate, co-equal and independent branch within the
government of Guam; and
Whereas, H.R. 521 was introduced in the 107th Congress,
heard by the House Committee on Resources and favorably
reported
[[Page H7028]]
and recommended to the House of Representatives by unanimous
consent; and
Whereas, the 107th Congress soon thereafter expired with no
further action on the measure; and
Whereas, H.R. 2400, the successor bill to H.R. 521 was
introduced by Guam's Congresswoman Madeleine Z. Bordallo; and
Whereas, H.R. 2400 seeks to ensure through an amendment to
the Organic Act, the independence of the Guam judiciary and
to maintain the judicial branch as a separate and co-equal
branch of government, now, therefore, be it
Resolved, That I Mina Bente Siete Na Liheslaturan Guahan
does hereby, on behalf of the people of Guam, respectfully
request the United States Congress to expeditiously and
favorably pass H.R. 2400 to amend the Organic Act recognizing
the Supreme Court of Guam as the highest court of Guam and to
firmly establish the Judicial Branch as a separate, co-equal
branch within the government of Guam; and be it further
Resolved, That the Speaker certify, and the Legislative
Secretary attest to, the adoption hereof and that copies of
the same be thereafter transmitted to the Honorable Madeleine
Z. Bordallo, Member of Congress, U.S. House of
Representatives; to the Honorable Richard Pombo, Chairman,
House Resources Committee; to the Honorable Pete Domenici,
Chairman, Senate Energy and Natural Resources Committee; to
Attorney Joaquin C. Arriola, Jr., President of the Guam Bar
Association; to the Honorable F. Philip Carbullido, Chief
Justice, Supreme Court of Guam; and to the Honorable Felix P.
Camacho, I Magalahen Guahan.
Duly and regularly adopted by I Mina'bente Siete na
Liheslaturan Guahan on the 23rd day of April, 2004.
vincente (ben) c. pangelinan, Speaker.
TINA ROSE MUNA BARNES, Senator and Legislative Secretary.
____
Judicial Council Resolution No. JC04-008
RELATIVE TO SUPPORTING AN AMENDMENT TO THE ORGANIC ACT OF GUAM TO
CLARIFY THE LOCAL JUDICIAL STRUCTURE OF GUAM
Whereas, the Organic Act of Guam as it was originally
drafted, did not authorize the establishment of a local
appellate court;
Whereas, in 1977 the Guam Legislature's first attempt to
create a Supreme Court of Guam was struck down by the United
States Supreme Court because the Organic Act did not so
authorize the Legislature;
Whereas, in 1984, the United States Congress amended the
Organic Act of Guam to authorize the Guam Legislature to
create a local appellate court;
Whereas, bi-partisan legislators, executive and judicial
branch officials, legal practitioners and the community-at-
large worked together to create Public Law 21-147, the Frank
G. Lujan Memorial Court Reorganization Act of 1992, which re-
organized the Judiciary, created the Supreme Court of Guam as
the island's highest appellate court and established it as
the administrative head of the Judicial Branch;
Whereas, in 1996 the Supreme Court of Guam was empaneled in
accordance with the provisions of the Frank G. Lujan Memorial
Act;
Whereas, the Supreme Court of Guam has since been subjected
to frequent legislative changes, stripping it of
administrative authority over the Judicial Branch thereby
eroding the independence of the Guam Judiciary and
compromising the traditional tri-partite democratic system of
government;
Whereas, in reaffirming the original intent of local and
federal lawmakers who sought to create a Supreme Court of
Guam with the Supreme Court as the head of the island
Judiciary, the Twenty-Seventh Guam Legislature passed Public
Law 27-31 ``An Act to Reorganize the Judiciary as the Third
Co-Equal and Independent Branch of the Government of Guam . .
.'' in October 2003;
Whereas, since November of 2003, the Supreme Court of Guam
has taken its rightful role as the head of the Judicial
Branch;
Whereas, since November of 2003, the newly composed
Judicial Council has aggressively striven to unify the
judiciary and improve the administration of justice in Guam;
Whereas, Public Law 27-31 and similar local legislation can
be amended or repealed at any time, thus further threatening
the independence of the Guam Judiciary;
Whereas, local legislators, officials and residents alike
believe that, absent a Guam constitution, an amendment to the
Organic Act is needed to firmly establish the Judicial Branch
of Guam, with the Supreme Court of Guam at its head, as a
separate, co-equal and independent branch within the
Government of Guam;
Whereas, on April 23, 2004 the Twenty-Seventh Guam
Legislature, with near unanimous bi-partisan support, passed
a resolution supporting and requesting the United States
Congress to amend the Organic Act of Guam to establish the
Supreme Court as the highest court of Guam and establish the
judiciary as a separate and co-equal branch of government;
Whereas, H.R. 2400, amending the Organic Act of Guam to
establish the Supreme Court as the highest court in Guam to
protect the independence of the Guam judiciary and to
maintain the Judicial Branch as a separate and co-equal
branch of government, was introduced by Congresswoman
Madeleine Z. Bordallo.
Now, therefore be it resolved, that the Judicial Council of
Guam hereby respectfully requests the United States Congress
to expeditiously and favorably pass H.R. 2400 to amend the
Organic Act recognizing the Supreme Court of Guam as the
highest court of Guam and to firmly establish the Judicial
Branch as a separate, co-equal branch within the government
of Guam; and
Be it further resolved, that the Judicial Council of Guam
hereby respectfully requests the support of the Governor and
the continued support of the Legislature for the passage of
H.R. 2400; and
Be it further resolved, that copies of this Resolution be
provided to the Honorable Madeleine Z. Bordallo, member of
the U.S. House of Representatives, the Honorable Richard
Pombo, Chairman, House Resources Committee, the Honorable
Pete Domenici, Chairman, Senate Energy and Natural Resources
Committee, Mr. Joaquin C. Arriola, Jr., President of the Guam
Bar Association, the Honorable Felix P. Camacho, the Governor
of Guam and the Honorable Vicente C. Pangelinan, Speaker of
the Guam Legislature
Duly adopted this 30th day of April, 2004 at a duly noticed
meeting of the Judicial Council of Guam.
Chief Justice F. Philip Carbullido, Charman, Date: May 6,
2004.
Attest:
Julie M. Lujan-Torres, Secretary, Date: May 6, 2004.
In closing, Madam Speaker, I want to thank my colleagues who have
cosponsored this legislation to establish an independent and coequal
judiciary in Guam, including my good friend, the gentleman from Arizona
(Mr. Flake), who has taken an active interest in this legislation and
has traveled to Guam; the gentleman from Montana (Mr. Rehberg); the
gentleman from California (Mr. Gallegly), the former chairman of the
Subcommittee on Insular Affairs; the gentleman from Hawaii (Mr.
Abercrombie); the gentleman from American Samoa (Mr. Faleomavaega); the
gentlewoman from the Virgin Islands (Mrs. Christensen); and the
gentleman from Puerto Rico (Mr. Acevedo-Vila).
I appreciate their support in this effort, as well as the support of
the gentleman from California (Chairman Pombo), the chairman of the
Committee on Resources, who has done a great deal to see that this
legislation was put forward, and the gentleman from West Virginia (Mr.
Rahall), our ranking member. Their leadership in shepherding H.R. 2400
to this point in the process is also appreciated, and I thank them for
their support as well.
Madam Speaker, I yield I urge unanimous passage of this bill.
Madam Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Madam Speaker, I urge adoption of this bill, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Blackburn). The question is on the
motion offered by the gentleman from California (Mr. Radanovich) that
the House suspend the rules and pass the bill, H.R. 2400.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________