[House Report 107-584]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-584

======================================================================



 
  AMENDING THE ORGANIC ACT OF GUAM FOR THE PURPOSES OF CLARIFYING THE 
                    LOCAL JUDICIAL STRUCTURE OF GUAM

                                _______
                                

 July 17, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 521]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 521) to amend the Organic Act of Guam for the purposes of 
clarifying the local judicial structure of Guam, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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;
          ``(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.

                          Purpose of the Bill

    The purpose of H.R. 521 is to amend the Organic Act of Guam 
to clarify the local judicial structure of Guam.

                  Background and Need for Legislation

    In 1984, Congress amended the Organic Act of Guam 
permitting the territorial legislature to create an appellate 
court to hear all cases in Guam over which any court 
established by the Constitution and laws of the United States 
does not have exclusive jurisdiction. In 1992, the 21st Guam 
Legislature passed legislation that created the Supreme Court 
of Guam to serve as the island's highest appellate court. H.R. 
521 establishes this Supreme Court of Guam in U.S. law.

                            Committee Action

    H.R. 521 was introduced on February 7, 2001, by Delegate 
Robert A. Underwood (D-GU). The bill was referred to the 
Committee on Resources. On May 22, 2002, the Full Resources 
Committee met to consider the bill. Delegate Underwood offered 
an amendment to make technical corrections to the legislation 
and to end the jurisdiction of the U.S. Court of Appeals for 
the Ninth Circuit to review by writ of certiorari all final 
decisions of the highest court of Guam. The amendment was 
adopted by unanimous consent. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article IV, section 3 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 4, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 521, a bill to 
amend the Organic Act of Guam for the purposes of clarifying 
the local judicial structure of Guam.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Matthew 
Pickford (for federal costs) and Marjorie Miller (for the state 
and local costs).
            Sincerely,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 521--A bill to amend the Organic Act of Guam for the purposes of 
        clarifying the local judicial structure of Guam

    H.R. 521 would amend the Organic Guam Act to establish a 
unified judicial system in Guam, independent of the Guam 
legislature, consisting of an appellate court (Supreme Court) 
and a trial court (Superior Court of Guam). In addition, the 
bill would give the Supreme Court administrative authority over 
all local courts. CBO estimates that enacting this legislation 
would have no impact on the federal budget because it only 
affects the structure of the local judiciary system. Because 
enactment of H.R. 521 would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply.
    The bill contains no private-sector mandates as defined in 
the Unfunded Mandates Reform Act (UMRA). H.R. 521 contains an 
intergovernmental mandate as defined in UMRA, but CBO estimates 
that the cost of the mandate would be well the threshold 
established in that act ($58 million in 2002, adjusted annually 
for inflation). This mandate is a preemption of authority 
delegated to the legislature of Guam by the Organic Act of 
Guam. Under that act, the local legislature currently has the 
authority to establish the structure of the Guam judiciary. 
H.R. 521 would eliminate that authority and impose a specific 
structure. Because this structure is similar to the existing 
system, however, we expect that the mandate would impose no 
significant costs on the government of Guam. Enacting this bill 
would have no impact on the budgets of other state, local, or 
tribal governments.
    The CBO staff contacts for this estimate are Matthew 
Pickford (for federal costs) and Marjorie Miller (for the state 
and local impact). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

ORGANIC ACT OF GUAM

           *       *       *       *       *       *       *


  Sec. 22. [(a) The judicial authority of Guam shall be vested 
in a court of record established by Congress, designated the 
``District Court of Guam,'' and such local court or courts as 
may have been or shall hereafter be established by the laws of 
Guam in conformity with section 22A of this Act.]
  (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.

           *       *       *       *       *       *       *

  [Sec. 22A. (a) The local courts of Guam shall consist of such 
trial court or courts as may have been or may hereafter be 
established by the laws of Guam. On or after the effective date 
of this Act, the legislature of Guam may in its discretion 
establish an appellate court.
  [(b) The legislature may vest in the local courts 
jurisdiction over all causes in Guam over which any court 
established by the Constitution and laws of the United States 
does not have exclusive jurisdiction. Such jurisdiction shall 
be subject to the exclusive or concurrent jurisdiction 
conferred on the District Court of Guam by section 22(b) of 
this Act.
  [(c) The practice and procedure in the local courts and the 
qualifications and duties of the judges thereof shall be 
governed by the laws of Guam and the rules of those courts.]
  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.
  Sec. 22B. The relations between the courts established by the 
Constitution or laws of the United States and the local courts 
of Guam with respect to appeals, certiorari, removal of causes, 
the issuance of writs of habeas corpus, and other matters or 
proceedings shall be governed by the laws of the United States 
pertaining to the relations between the courts of the United 
States, including the Supreme Court of the United States, and 
the courts of the several States in such matters and 
proceedings[: Provided, That for the first fifteen years 
following the establishment of the appellate court authorized 
by section 22A(a) of this Act, the United States Court of 
Appeals for the Ninth Circuit shall have jurisdiction to review 
by writ of certiorari all final decisions of the highest court 
of Guam from which a decision could be had. The Judicial 
Council of the Ninth Circuit shall submit reports to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Interior and Insular Affairs of the House of 
Representatives at intervals of five years following the 
establishment of such appellate court as to whether it has 
developed sufficient institutional traditions to justify direct 
review by the Supreme Court of the United States from all such 
final decisions. The United States Court of Appeals for the 
Ninth Circuit shall have jurisdiction to promulgate rules 
necessary to carry out the provisions of this subsection.].
  Sec. 22C. (a) Prior to the establishment of the appellate 
court authorized by section 22A(a) of this Act, which is known 
as the Supreme Court of Guam, the District Court of Guam shall 
have such appellate jurisdiction over the local courts of Guam 
as the legislature may determine: Provided, That the 
legislature may not preclude the review of any judgment or 
order which involves the Constitution, treaties, or laws of the 
United States including this Act, or any authority exercised 
thereunder by an officer or agency of the Government of the 
United States, or the conformity of any law enacted by the 
legislature of Guam or of any orders or regulations issued or 
actions taken by the executive branch of the government of Guam 
with the Constitution, treaties, or laws of the United States, 
including this Act, or any authority exercised thereunder by an 
officer or agency of the United States.

           *       *       *       *       *       *       *

  (d) Upon the establishment of the appellate court provided 
for in section 22A(a) of this Act, which is known as the 
Supreme Court of Guam, all appeals from the decisions of the 
local courts not previously taken must be [taken to the 
appellate court] taken to such appellate court. The 
establishment of that appellate court shall not result in the 
loss of jurisdiction of the appellate division of the district 
court over any appeal then pending in it. The rulings of the 
appellate division of the district court on such appeals may be 
reviewed in the United States Court of Appeals for the Ninth 
Circuit and in the Supreme Court notwithstanding the 
establishment of the appellate court.

           *       *       *       *       *       *       *


                   ADDITIONAL VIEWS OF MR. UNDERWOOD

    H.R. 521, will amend the Organic Act of Guam for the 
purposes of clarifying the local judicial structure of Guam. 
H.R. 521 reflects changes suggested at both the local and 
federal levels throughout the past six years that Congress has 
been deliberating the issue. The original version of this 
legislation was introduced in the 105th Congress and was titled 
the Guam Judicial Empowerment Act. The legislation was needed 
to clarify and insulate Guam's judicial branch from 
interference by the executive and legislative branches of the 
government of Guam.
    The Supreme Court of Guam was created in 1992 with the 
local enactment of the Frank G. Lujan Memorial Court 
Reorganization Act. The Act was the culmination of bipartisan 
efforts from locally elected officials, close collaboration 
with the legal community, and ten years worth of public input. 
It was a significant endeavor because it reflected another 
milestone in Guam's self-governance. Twenty years earlier, in 
1973, Guam's leaders made their first attempt at creating a 
Guam Supreme Court but the Court's existence was short lived.
    A 1977 ruling by the U.S. Supreme Court--Territory of Guam 
v. Olsen, 431 U.S. 195--found Guam's Supreme Court to be 
inorganic. In Olsen, the Court held that Guam's Organic Act did 
not authorize the transfer of appellate jurisdiction from the 
appellate division of the District Court of Guam to a locally 
established appellate court.
    In response to Guam v. Olsen, Congress passed the 1984 
Omnibus Territories Act. The Act amended Guam's Organic Act 
allowing the Guam Legislature to create an appellate court to 
hear all cases in Guam over which any court established by the 
Constitution and laws of the United States does not have 
exclusive jurisdiction. The Act, however, did not provide a 
structure for a newly created judicial system once the 
appellate court was established. Nor, did the Act mention that 
the responsibility should be left to the Guam Legislature.
    In 1992 the 21st Guam Legislature unanimously passed Public 
Law 21-147, the Frank G. Lujan Memorial Court Reorganization 
Act. The Act reestablished the Supreme Court of Guam to serve 
as the highest appellate court on the island. The author of the 
Frank G. Lujan Memorial Court Reorganization Act has stated, in 
testimony submitted to the Committee in 1997, that it was the 
intent of the Guam Legislature to make the Supreme Court of 
Guam the highest local court and be vested with those powers 
traditionally held and exercised by the highest court of a 
jurisdiction.
    In authorizing the creation of a Guam Supreme Court 
however, the Congress unintentionally 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, which in lieu of an adopted constitution 
serves to provide the framework and powers for the island's 
executive and legislative branches. Because the judiciary was 
established in Guam law, some theorized that the judiciary was 
therefore subject to changes based upon shifts in the majority 
control of Guam's legislature. The Honorable Joe T. San 
Agustin, presided over the debate of the enabling Act as 
Speaker of the Guam Legislature. In testimony which he 
submitted to this Committee during its May 2002 hearing, San 
Agustin writes, ``There was no controversy then concerning 
Judicial oversight by the Supreme Court, and administrative and 
policy-making authority by the Supreme Court over the lower 
courts. These are relatively new issues, but we considered 
these settled issues in 1993 when the enabling legislation was 
passed.''
    In 1996, the Guam Legislature took its first steps 
interfering with the Judiciary. Public Law 23-86 removed the 
Supreme Court's authority over personnel matters within the 
Judiciary and created two parallel court systems. The 
Legislature also considered two other measures which would have 
removed the Supreme Court's authority over the Superior Court 
and the other would have rearranged the authority of the 
Supreme Court making it an appellate division of the Superior 
Court.
    The most recent example of the Judiciary's susceptibility 
to Guam's Legislature occurred in 1998 during the course of 
debate over controversial comprehensive solid waste management 
legislation. A non-germane rider removing the Supreme Court's 
authority over the lower courts was attached to the bill 
despite objections that the rider did not have the benefit of 
public input. The Governor of Guam allowed a pocket veto of the 
solid waste management legislation and expressed his 
disapproval of the manner in which the controversial rider was 
attached to a crucial piece of legislation. In his message to 
the Legislature's Speaker, the Governor reiterated his support 
for changes to Guam's Organic Act to make the Judiciary a co-
equal independent branch of Guam's government.
    In January 2002, the Ninth Circuit Court of Appeals 
affirmed a Supreme Court of Guam decision to invalidate the 
aforementioned Guam law, based upon a claim the Governor of 
Guam pocket-vetoed the enacting legislation. This decision has 
allowed the Supreme Court to reestablish itself, 
administratively, as the highest court within the Judiciary. A 
Unified Judiciary Committee, composed of the Chief Justice of 
Guam, two Supreme Court Associate Justices, the Presiding Judge 
of the Superior Court, one Judge of the Superior Court, the 
Administrator of the Supreme Court, and the Administrator of 
the Superior Court, has since been established by the Supreme 
Court of Guam. The Ninth Circuit's decision however does not 
provide any further protection to the Judiciary from future 
meddling by the legislative or executive branches. Establishing 
the Supreme Court of Guam within Guam's Organic Act will make 
the Judiciary a co-equal branch of government.
    Opponents to this legislation have argued it is possible 
for Guam to protect its judiciary through the adoption of a 
Guam constitution. Although the authority to establish a 
constitution was authorized by Congress in 1976 and remains in 
place today, one has not yet been adopted. Guam has made 
attempts to adopt a constitution, but unresolved questions 
about the island's future political relationship with the 
United States took precedence over approving a constitution. In 
the absence of a Guam constitution, it is necessary to 
establish Guam's Judiciary within the Organic Act thereby 
making it a co-equal branch of the Government of Guam.
    H.R. 521 continues to receive support from two consecutive 
Administrations. In 1998, the Clinton Administration had no 
objection to the legislation, after making clarifying 
recommendations. At the House Resources Committee hearing on 
May 8, 2002, Department of Interior's Deputy Assistant 
Secretary for Policy and International Affairs, the Honorable 
Chris Kearney, reaffirmed the Interior Department's previous 
position. The Bush Administration official acknowledged that 
Guam had a bifurcated local court system at a time when 
virtually all states had unified court systems. He went on to 
say, ``The structure of Guam's local judiciary is largely a 
self-government issue for Guam. As such, opinion from Guam 
should be given the greatest consideration, as long as issues 
of overriding Federal interest are not involved * * * A number 
of suggestions were made for improving the bill and harmonizing 
it with the Federal court system * * * The Administration, 
therefore, has no objection to the enactment of H.R. 521 in its 
present form.''
    The Conference of Chief Justices (CCJ), which is an 
organization comprised of the chief justice or chief judge of 
the highest court of each State, the District of Columbia, and 
other U.S. Territories, has also reaffirmed their support for 
H.R. 521. CCJ's position is again reflected in Resolution 17, 
adopted during CCJ's Midyear Meeting in January 2001 and 
submitted to the Resources Committee in May 2002. The 
Resolution maintains its strong support for congressional 
efforts, ``to assure by legislation the independence of its 
(Guam) judiciary and to maintain its judicial branch as a 
separate and co-equal branch of government.''
    Currently, Guam's judiciary is not a co-equal branch of 
government. Its court system is an anomaly when compared 
against existing courts systems found throughout the United 
States. This aberration can only be corrected by amending the 
Organic Act of Guam to establish the Supreme Court of Guam as 
the highest authority and to ensure that the Judiciary is free 
from further political interference.

                                               Robert A. Underwood.

                                  
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