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(a) Temporary designation of associate justices. Until such time as the Legislature shall find that the business of the Supreme Court warrants the appointment of associate justices, the Chief Justice may designate as associate justices to sit with him in any session of the Supreme Court:

1. Any Judge of the Superior Court;

2. The Judge of the District Court of Guam, with his consent; and

3. Any Judge of the High Court of the Trust Territory, with the consent of the Chief Justice of that court and the justice to be so designated.

(b) Disqualification or inability of Chief Justice to act. In cases in which the Chief Justice is disqualified or unable to act, he shall designate any associate justice to sit in his place.

(c) Concurrence of two (2) justices is necessary for any decision. The concurrence of two (2) justices shall be necessary to any decision of the Supreme Court on the merits of an appeal, but the Chief Justice alone, or an associate justice sitting in his place alone, may make any appropriate orders with respect to an appeal and dismiss an appeal for want of jurisdiction, or failure to take or prosecute it in accordance with the applicable law or rules of procedure.

§ 62. Jurisdiction. The Supreme Court shall have jurisdiction of appeals from the judgments, orders and decrees of the Superior Court in criminal cases as provided in the Penal Code, Part II, Title VIII; and in civil causes and proceedings as provided in the Code of Civil Procedure Part II, Title XII, Chapters I and II; and Part III, Title I, Chapter V; and Part III, Title II, Chapter IV; and Part III, Title VII, Chapter XII, and the Probate Code, Division III, Chapter XXI, Article IV; and Division IV, Chapter XVI. The Supreme Court shall have jurisdiction of all appeals arising from the judgments, final decrees or final orders of the Superior Court or any division thereof.

The Supreme Court shall also have power to issue writs of mandamus, certiorari, prohibition and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the justices shall have the power to issue writs of habeas corpus upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court or before the Superior Court or any division of the Superior Court or before any judge thereof.

1974 SUPPLEMENT

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§ 63. Powers on appeal. Upon appeal, the Supreme Court may affirm, modify, vacate, set aside or reverse the judgment, order or decree appealed from, and remand the cause and direct the entry of such appropriate judgment, order or decree as may be just under the circumstances, but the Supreme Court may not take new or additional evidence, consider the issues of fact de novo, or set aside findings of fact made by the Superior Court unless they are clearly erroneous, and due regard shall be given to the opportunity of the trial judge to judge the credibility of the witnesses.

§ 64. Time, procedure. The time within which an appeal must be taken and the manner and procedure on appeal may be prescribed by rules adopted by the Judicial Council. To the extent not so prescribed the time, manner and procedure for appeals shall be governed by the Penal Code or Code of Civil Procedure as the case may be.

§ 65. Pending Appeals. All actions and proceedings arising under the laws of Guam pending in the Appellate Division of the District Court of Guam upon the effective date of this Act shall be prosecuted to final determination in that court as though this Act had not been passed. All appeals pending before the United States Court of Appeals for the Ninth Circuit shall remain in said court and the District Court of Guam shall retain jurisdiction to enter such orders, decrees and judgments and conduct any appropriate proceedings in accordance with the ultimate mandates issued on any such pending appeals.

§ 66. Rules of procedure. The Judicial Council shall have the power to prescribe, by general rules, the forms of process, writs, pleadings and motions, and the practice and procedure of the courts of Guam in both civil and criminal actions, and appeals therein, and the practice and procedure in proceedings for the judicial review or enforcement of orders of administrative agencies, boards, commissions, and officers.

Such rules shall not abridge, enlarge, or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Sixth and Seventh Amendments to the Constitution and made applicable to the territory of Guam by the Organic Act.

Such rules shall not take effect until they have been reported to the Legislature by the Chief Justice and until the expiration of ninety (90) days after they have been thus reported.

All laws in conflict with such rules shall be of no further force or

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§ 81

CODE OF CIVIL PROCEDURE

effect after such rules have taken effect. Any such rules heretofore prescribed by the Judicial Council and reported to the Legislature shall remain in effect until modified or repealed.

Any rule may be annulled or amended by a law limited to the purpose.

§ 67. Observance of rules and orders. It shall be the duty of the judges and officers of the several courts of the territory to observe and carry out the rules and orders made by the Judicial Council under the authority of law.

§ 68. Annual address. The Chief Justice shall address in person the Legislature in session on the 'State of the Judiciary' at a time of mutual convenience, but not later than the first Monday in April.

§ 69. The Judicial Council shall appoint necessary personnel in such number, classification and salary as it may deem necessary. The Judicial Council shall take necessary steps for the establishment and maintenance of a Guam Reporter which shall contain all Supreme Court decisions. [§§ 61-69 were enacted in 1953; §§ 61-69 were repealed and reenacted by P.L. 12-85, effective July 1, 1974.] [EDITOR'S NOTE: A determination of the constitutionality of P.L. 12-85 is pending in the 9th Circuit Court of Appeals at the time this code supplement went to press.]

§ 81. Appointment, tenure and salary of judges. The Superior Court shall consist of a presiding judge and such additional judges as may be necessary for the proper dispatch of the business of the court, who shall be appointed by the Legislature, for a term of eight (8) years, unless sooner removed for cause. The Legislature shall appoint each judge from among the three (3) persons who are admitted to the Guam Bar and who have practiced law in Guam for at least six (6) months, who shall be nominated and whose names shall be submitted to the Legislature by the Judicial Council of Guam. The annual salary of the presiding judge shall be Two Thousand Five Hundred Dollars ($2,500.00) less than an associate justice and the annual salary of the other judges shall be Five Hundred Dollars ($500.00) less than the presiding judge; provided however that any judge of the Superior Court assigned exclusively to the Traffic Court Division shall receive an annual salary of Three Thousand Dollars ($3,000.00) less than the other Superior Court judges.

In carrying out the provisions of § 81of the Code of Civil Procedure, as amended by the preceding section of this Act, the Chief

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Judge and judges of the Island Court will then assume the office of Presiding Judge and judges of the Superior Court, respectively, and the Judge of the Police Court will be the Judge of the Superior Court, assigned exclusively to the Traffic Court Division of the Superior Court for terms to expire upon the expiration of their present term of office. [Enacted 1953; amended by P.L. 7-77, effective January 31, 1964; further amended by P.L. 9-256, effective January 8, 1969; further amended by P.L. 11-95, effective October 14, 1971; further amended by P.L. 12-85, effective July 1, 1974, further amended by P.L. 12-113, effective March 25, 1975.] [EDITOR'S NOTE: Section 4 of P.L. 12-85, amending C.C.P. § 81 effective July 1, 1974, was superceded by Section 8 of P.L. 12-113, which became effective March 25, 1974; accordingly, Section 4 of P.L. 12-85 does not appear herein.]

§ 81.1 Retirement for disability. (a) Any justice of the Supreme Court or judge of the Superior Court who becomes permanently disabled from performing his duties may retire from the regular active service in the following manner:

(b) Any judge or justice desiring to retire under this section. shall furnish to the Governor a certificate of disability signed by the Chairman of the Judicial Council.

(c) Whenever the chief justice of the Supreme Court desires to retire under this section, he shall certify to the Governor his disability in writing.

(d) Whenever any judge or justice who is eligible to retire under this section does not do so, a certificate of his disability may be signed by a majority of the other justices and judges and transmitted to the Governor with a request that such judge or justice be placed on retirement for disability.

(e) Whenever any such certificate as mentioned in this section. is presented to the Governor, and the Governor finds that such judge or justice is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability, the Governor shall so order the retirement of such judge or justice from regular active service for such disability.

§ 81.2. Resignation or retirement for age. Any judge or justice who resigns afer serving at least twenty years, continuously or otherwise, or after attaining the age of sixty-five and after serving at least fifteen years, continuously or otherwise, shall continue during the remainder of his life to receive ninety percent (90%) of the salary he received when he relinquished the office.

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§ 81.3 Salary on retirement for disability or on failure of reappointment. (a) Any judge or justice who is removed by the Governor upon the sole ground of mental or physical disability, or who fails of reappointment, shall be entitled, upon relinquishing the office, (1) if his judicial service aggregated sixteen years or more, to receive during the remainder of his life 85% of the salary he received when he relinquished the office, (2) if his judicial service aggregated less than sixteen years but not less than ten years, to receive during the remainder of his life that proportion of such salary which the aggregate number of years of his judicial service bears to sixteen, or (3) if removed by the Governor upon the sole ground of mental or physical disability and his judicial service aggregated less than ten years, to receive during the remainder of his life one-half the salary he received when he relinquished the office.

(b) Service at any time in any of the courts referred to in this section, or in any other court under appointment by the Governor or by the Legislature, shall be included in the computation of aggregate years of judicial service for the purposes of this section.

§ 81.4. Annuities to widows and surviving dependent children. (a) Any judge or justice may by written election filed with the office of the Government of Guam Retirement Fund within six months after the date on which he takes office or within six months after the enactment of this section brings himself within the purview of the Government of Guam Retirement Fund.

(b) There shall be deducted and withheld from the salary of each judge or justice electing to bring himself within the purview of the Government of Guam Retirement Fund a sum equal to such per centum of such judge's or justice's salary, including salary paid after retirement, as may be prescribed by law which shall be deposited with the Government of Guam Retirement Fund. Every judge or justice who elects to bring himself within the purview of the Government of Guam Retirement Fund shall be deemed thereby to consent and agree to the deductions from his salary as provided in this subsection, and payment less such deductions shall be full and complete discharge and acquittance of all claims and demands whatsoever for all judicial services rendered by such judge or justice during the period covered by such payment, except the right to the benefits to which he or his survivors shall be entitled under the provisions of the Government of Guam Retirement Fund.

(c) If any judge or justice is entitled to any credit for past judicial

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