[House Report 108-638]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-638
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AMENDING THE ORGANIC ACT OF GUAM FOR THE PURPOSES OF CLARIFYING THE
LOCAL JUDICIAL STRUCTURE OF GUAM
_______
September 7, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2400]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2400) to amend the Organic Act of Guam for the purposes
of clarifying the local judicial structure of Guam, haing
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 2400 is to amend the Organic Act of
Guam for the purposes of clarifying the local judicial
structure of Guam.
Background and Need for Legislation
H.R. 2400 amends the Organic Act of Guam to establish the
Supreme Court of Guam as the highest local court in the
territory. H.R. 2400 also amends the Organic Act to require a
unified judicial system composed of: (1) an appellate court
designated as the ``Supreme Court of Guam''; (2) a trial court
designated as the ``Superior Court of Guam''; and (3) other
lower local courts as may have been or may hereafter be
established by the laws of Guam.
Originally, appellate cases in Guam that fell under
territorial jurisdiction were reviewed by the U.S. Court of
Appeals for the Ninth Circuit. In 1973, the 12th Guam
Legislature established the first Supreme Court of Guam to hear
these appealed cases. The establishment of the court was ruled
to be unauthorized by the U.S. Supreme Court in Territory of
Guam v. Olsen, 431 U.S. 195 (1977). In 1984, in response to
Olsen, 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.
When the Guam Legislature passed legislation to create the
Supreme Court of Guam in 1992, it intended to make this entity
the highest local court and vest it with those powers
traditionally held and exercised by the highest court of a
State or territory.
In authorizing the creation of an appellate court for Guam,
the Congress left the newly created court subordinate to Guam's
other two branches of government. Because the judiciary was
established under Guam law, it can be subject to changes based
upon shifts in control of Guam's executive and legislative
branches.
Establishing the Supreme Court of Guam within Guam's
Organic Act will make the judiciary a coequal branch of
government. The Committee believes H.R. 2400 would
appropriately correct the unintended oversight of the Omnibus
Territories Act of 1984 (Public Law 98-454) and insulate the
judiciary in Guam from local politics and undue political
interference. The Committee also believes H.R. 2400 would
remove any uncertainty regarding future actions that threaten
to undo the clarity of roles recently established in Guam
public law. Recent developments in Guam have emphasized the
need for H.R. 2400 in as much as the Supreme Court of Guam has
rendered judgments on local disputes between different branches
for the Government of Guam and between elected officials in the
territory.
The Committee also notes that in the 107th Congress, there
was local opposition on Guam to similar legislation, including
some unfavorable views that were received by the Committee.
However, the Guam Legislature subsequently took action on
October 31, 2003, with the enactment of Public Law 27-31, which
established the Supreme Court of Guam as the highest court with
administrative control over the judiciary in the territory. In
addition, on April 23, 2004, the Guam Legislature approved
Resolution No. 139, sponsored by all 15 of its members,
expressing their support of H.R. 2400. It is important to note
that the current Governor of Guam, Governor Camacho, wrote to
the author of the bill on May 7, 2004, in support of H.R. 2400,
stating ``My personal preference is for our tri-partite
structure of government to be established in a Guam
Constitution. Further, the specifics of the internal operation
of our judicial branch should be established locally. * * *
However * * * until Guam adopts its own constitution, * * * I
support your efforts to establish Guam's judicial branch in our
Organic Act.''
Committee Action
H.R. 2400 was introduced on June 10, 2003, by Congresswoman
Madeleine Z. Bordallo (D-GU). The bill was referred to the
Committee on Resources. On July 14, 2004, the Full Resources
Committee met to consider the bill. No amendments were offered,
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
The Committee held hearings on the restructuring of Guam's
judicial branch during the 105th and 107th Congresses, and in
the 107th Congress, a similar bill, H.R. 521, was favorably
reported from the Committee on Resources 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, July 21, 2004.
Hon. Richard W. Pombo,
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. 2400, 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 A. Miller (for the
state and local impact).
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 2400--A bill to amend the Organic Act of Guam for the purposes of
clarifying the local judicial structure of Guam
H.R. 2400 would amend the Organic Act of Guam 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 would
affect the structure of the local judiciary system.
The bill contains no private-sector mandates as defined in
the Unfunded Mandates Reform Act (UMRA). H.R. 2400 contains an
intergovernmental mandate as defined in UMRA, but CBO estimates
that the cost of the mandate would be well below the threshold
established in that act ($60 million in 2004, 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. 2400 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 A. Miller (for the
state and local impact). This estimate approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates, as defined in
Public law 104-4.
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.
* * * * * * *