Page images
PDF
EPUB
[blocks in formation]

§ 28002.1.

Same: same: persons admitted in other jurisdictions.

§ 28002.2. Same: same: government attorneys.

[blocks in formation]

§ 28000. Admission to practice law: requirements. The Judicial Council shall have power to administer the requirements for admission to the practice of law in Guam, to prescribe requirements for such admission not inconsistent with the provisions of this Title and to adopt reasonable rules and regulations to make effective its requirements and the provisions of this Title. [Included in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

§ 28001. Same: examiners. The non-judicial members of the Judicial Council shall constitute a committee of examiners of the council to consider applications for admission to the bar of Guam. The Attorney General shall be chairman of the committee of examiners. The committee of examiners shall have power and it shall be its duty:

(1) To examine all applicants for admission to the practice of law in Guam;

(2) To certify to the District Court of Guam for admission to the practice of law those applicants who fulfill the requirements provided in this Title;

(3) To take and hear verbal or written evidence pertaining to any proceedings of the committee;

(4) To administer oaths and affirmations in its proceedings; (5) To compel by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to its proceedings; and

(6) In certifying an applicant to the District Court of Guam, to certify both to the applicant's moral qualifications and his legal training and qualifications. [Included in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

§ 28002. Same: conditions. No person shall practice law in Guam without having been admitted to practice by the District Court of Guam. The District Court may admit persons who have been certified as qualified by the committee of examiners of the Judicial Council. To be certified to the District Court for admission to the practice of law an applicant, unless he qualifies under § 28002.1, must meet the following minimum requirements, which are expressly made conditions precedent to such certification:

1. He must be a citizen of the United States;

2. He must have resided in Guam for not less than three (3) months next preceding certification;

3. He must be at least twenty-three (23) years of age; 4. He must be of good moral character;

5. He shall not have been convicted in any court of felony or of any crime involving moral turpitude;

6. 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;

7. He shall have either (a) graduated from a law school accredited by the American Bar Association, or

(b) studied law diligently and in good faith for a period of at least ten (10) years in the office and under the preceptorship of a locally-admitted attorney (which attorney must have graduated from a law school accredited by the American Bar Association) and been actually employed full time by such attorney and satisfactorily passed a written examination in law given by the committee of examiners.

[Enacted 1952; amended by P.L. 3-111, effective August 14, 1956, and by P.L. 5-109, effective August 4, 1960; further amended by P.L. 6-10, effective February 20, 1961, and by P.L. 7-12, effective February 15, 1963.]

§ 28002.1. Same: same: persons admitted in other jurisdictions. An applicant who is a member in good standing before the highest court of any state or territory of the United States, or of the District of Columbia, may be certified to the District Court for admission to the practice of law by compliance with the following minimum requirements which are expressly made conditions precedent to such certification:

1. He must be a citizen of the United States;

2. He must have resided in Guam for not less than three (3) months next preceding certification;

3. He must be at least twenty-three (23) years of age; 4. He must be of good moral character;

5. He shall not have been convicted in any court of a felony or of any crime involving moral turpitude. [Added by P.L. 5-109, effective August 4, 1960; amended by P.L. 6-10, effective February 20, 1961.]

§ 28002.2. Same: same: government attorneys. Any person who is a member of the bar of the highest court of any state or territory of the United States, or of the District of Columbia, while representing the United States of America, the government of Guam, or any agency, instrumentality, officer or employee thereof, in the course of his official duties, may practice before the courts of Guam without being admitted to practice pursuant to either §§ 28002 or 28002.1. [§ 28002.2 added by P.L. 5-109, effective August 4, 1960.]

§ 28003. Same: fee. [Repealed by P.L. 5-109, August 4, 1960.]

§ 28004. Attorneys: duties. It shall be the duty of every attorney admitted to practice law in Guam:

(a) To support the applicable laws of the United States and the laws of the Territory of Guam;

(b) To maintain the respect due to courts of justice and judicial officers;

(c) To counsel or maintain such actions, proceedings or defenses only as appear to him legal or just, except the defense of a person charged with a public offense;

(d) To employ for the purpose of maintaining the causes confided to him such means only as are consistent with truth and law, and never to seek to mislead a judge or any judicial officer by an artifice or false statement of fact or law;

(e) To maintain inviolate the confidences, and, at every peril to himself, to preserve the secrets of his client;

(f) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest; and

(g) Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed. [Included in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

§ 28005. Same: discipline and disbarment. (a) The committee of examiners of the Judicial Council shall have the authority after hearing to certify to the District Court that any attorney admitted to the practice of law in Guam should be suspended or disbarred from practicing law in Guam. A hearing to determine whether or not such certification should be made to the District Court shall be held by the committee upon the written complaint of any person which alleges a specific violation of one of the subsections of § 28004 or any act involving moral turpitude.

(b) Upon receiving such a certification the District Court shall take appropriate action to disbar or suspend the attorney from practice or otherwise discipline him. [Amended by P.L. 3-62, effective March 2, 1956; included in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

§ 28006. Appeal. (a) Any applicant for admission to the practice of law may appeal to the District Court from the refusal of the committee of examiners of the Judicial Council to certify him for admission to the practice of law.

(b) Any complaining witness and any attorney defendant may appeal to the District Court from the action of the committee of examiners of the Judicial Council in a disciplinary proceeding under § 28005. [Included in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

§ 28007. Applicability. The provisions of § 28002 shall operate prospectively, only, from August 9, 1951. [Included in Original Government Code of Guam enacted by P.L. 1-88, 1952.]

§ 28008. Penalty. Violation of any provision of this Chapter is a misdemeanor, punishable as provided by § 19, Penal Code of Guam, as amended. [Added by P.L. 2-4, effective February 13, 1953.]

« PreviousContinue »