Government of Guam Agana, Territory of Guam § 4. Same: duties. The Committee has the duty of examining all applicants for admission to the practice of law, as hereinafter provided, and to certify to the District Court of Guam for admission of those applicants who fulfill requirements. The Committee's certification must be as to the applicant's moral qualifications, and legal training and qualifications. § 5. Requirements for certification. To be certified to the District Court for admission, an applicant must need the following requirements: (1) He must be a citizen of the United States and a resident of Guam for six (6) months next preceding his application for admission, and must have the bona fide intention of continuing to reside in Guam and to practice law in Guam, To comply with the six (6) months residence requirement, an applicant must physically reside in Guam for the period indicated. Residence in the sense of domicile, or of voting residence is neither necessary nor sufficient. Thus if an applicant's permanent home is in Guam, he must still be physically present in Guam for the six months period preceding his application. The Committee is authorized to accept advance applications for purpose of initiating character investigations. (2) He must be at least twenty-three (23) years of age. (3) He must be of good moral character. (4) He shall not have been convicted in any court of Guam or, in any court of the United States of America of a felony or of any crime involving moral turpitude. The term "any court of the United States of America" includes any United States Federal Court and any court of a state, territory or possession of the United States. (5) Before commencing the study of law, he shall have completed at least two (2) years of college work or have reached the age of twenty-five (25) years. (6) He shall have either: (a) been admitted to the bar of the highest court of any state, territory, or the District of Columbia; "territory" includes only the territories of Hawaii, Virgin Islands and Puerto Rico, Alaska prior to statehood, and no other; or (b) graduated from a law school accredited by the Judicial Council; the term "accredited law school" means any law school approved by the American Bar Association at the time of graduation, and no other; or (c) studied law diligently and in good faith for a period of at least five (5) years in the office and under the preceptorship of an attorney practicing law in Guam and satisfactorily passed a written examination in law given by the Committee. With regard to qualification by preceptorship, reference is made to § 12. [EDITOR'S NOTE: This Rule is not consistent with §§ 28001-28002.1, Government Code, as amended.] § 6. Same: evidence. To satisfy the requirements set forth in § 5, an applicant shall initiate his application by submitting to the Committee the following: (1) An application for admission to practice law, together with a background questionaire, in such form as the Committee may require, setting forth information upon which to base a complete background investigation relative to the moral character, education, and legal experience of the applicant; (2) A birth certificate, passport, or other acceptable evidence as to citizenship and age; (3) Evidence as to residence in Guam; (4) His affidavit that he has not been convicted in any court of a felony or of any crime involving moral turpitude; (5) A diploma or other documentary evidence as to education, including, when pertinent, evidence as to graduation from an accredited law school; (6) When pertinent, certificate of admission to the bar of the highest court of any state, territory or the District of Columbia; (7) When pertinent, an affidavit as to the completion of study by the attorney under whose preceptorship the applicant has served; (8) A complete set of his fingerprints, such fingerprints to be taken and certified by a police officer of the Department of Public Safety, Government of Guam. § 7. Same: fees. With his application an applicant shall submit a check in the amount of $50.00, payable to the National Association of Bar Examiners, Denver, Colorado, to cover the cost of character investigation; and an additional check of $25.00, payable to the Government of Guam, as an examination fee. Any additional charges for character investigation that may be required will also be borne by the applicant. [Amended December 16, 1960; effective January 27, 1961.] § 8. Same: law examination. (1) In the case of an applicant who is qualifying by preceptorship or by graduation from an accredited law school, or by prior admission to the bar of the highest court of a state, territory, or the District of Columbia, which admission dates less than three years prior to the date of application, there shall be a comprehensive written examination, not less than fifteen hours in duration, covering standard legal subjects. (Such standard legal subjects are): Criminal Law, Torts, Contracts, Agency, Personal Property, Real Property, Partnerships, Corporations, Domestic Relations, Legal Bibliography and Research, Criminal Procedure, Civil Procedure, Equity, Trusts, Bills and Notes, Evidence, Constitutional Law (including Organic Act of Guam), Administrative Law, Conflicts of Laws, Security Interests, Wills, Legal Ethics, and Drafting of Legal Instruments. [Added October 9, 1959.] (2) In the case of an applicant who is qualifying by prior admission to the bar of the highest court of a state, territory, or the District of Columbia, which admission dates three years or more prior to the date of application, the Committee may, in its discretion, require the applicant to submit to an examination, oral or written or both, depending on the legal background of the applicant. If the applicant has been engaged in the active practice of law for a minimum of three of the four years immediately preceding his application, no examination shall be required. For purpose of the preceding sentence, "engaged in the active practice of law" includes employment in an attorney status with the United States or any state or territory thereof or the District of Columbia, or as a full-time teacher of law in an accredited school. § 9. Rules as to examination. (1) Examinations shall be held in the form and manner, and at such reasonable times and places, as the Committee of Examiners may determine. (2) An applicant who fails to pass his first examination may take a subsequent examination, not less than 30 days after the date of the first examination, by filing a request with the Committee for a second examination. (3) An applicant who has failed a second or any subsequent examination may file a request for a new examination not less than 6 months after the second or any subsequent examination. (4) No applicant shall be permitted to take more than five (5) examinations. § 10. Applicants to furnish assistance and information. All applicants shall supply the Committee with any assistance or information which the Committee may request concerning his moral character, standing, and general education in legal knowledge. § 11. Character investigation. The Committee shall avail themselves of the services of the National Association of Bar Examiners, Denver, Colorado, in making character investigations. § 12. Preceptorship. Any person hereafter desiring to qualify by preceptorship shall, before commencing such preceptorship, register with the Committee, and submit an acceptance by the attorney practicing law in Guam under whom the preceptorship is to be served. Any person who is, upon the effective date of this rule, under a preceptorship shall within 30 days hereof, register with the Committee, submit an acceptance by the attorney practicing law in Guam under whom the preceptorship is being served. Thereafter in the anniversary month of each year of the preceptorship, the Committee shall interview such person, and the attorney, together or separately, with regard to the courses of study being pursued and progress being made. Such courses of study shall include, as to any person. whose preceptorship commenced subsequent to January 1, 1957, all of the following: Criminal Law, Torts, Contracts, Agency, Personal Property, Real Property, Partnerships, Corporations, Domestic Relations, Legal Bibliography and Research, Criminal Procedure, Civil Procedure, Equity, Trusts, Bills and Notes, Evidence, Constitutional Law (including Organic Act of Guam), Administrative Law, Conflicts of Laws, Security Interests, Wills, Legal Ethics, and Drafting of Legal Instruments. Any change in the attorney under whom the preceptorship is being served shall be registered with the Committee. [Added October 9, 1959.] § 13. Limited Practice. (1) Particular cases. Attorneys in good standing as members of the bar of the highest court of a state, territory or District of Columbia, and who reside outside of Guam, may appear in particular cases before the courts of this territory on a case to case basis, upon motion duly made to the court in which the appearance is to be made. All such attorneys shall associate with them in any such case a resident attorney on whom notice may be served, and who shall have the authority to act for and on behalf of the client in all matters. In particular cases before the District Court of Guam, the rules of the District Court apply. (2) Attorneys for the Government. Attorneys admitted to the bar of the highest court of any state, territory or District of Columbia may, if they are representing the United States of America, the Government of Guam, or any officer or agency thereof, practice before the courts of this territory in any action or proceeding in which the United States, the Government of Guam, or any officer or agency thereof, is a party. With regard to practice before the District Court of Guam, the rules of the District Court apply. Rule 3(b) of the District Court governs this subject and authorizes practice in these cases without admission to general practice. § 14. Prior rules superseded. These rules and regulations supersede all prior rules and regulations. Approved and promulgated by the Judicial Council of Guam this 17th day of December, 1958. EUGENE R. GILMARTIN Judge, District Court of Guam |