[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.