GUAM CODE ANNOTATED
TITLE 7. CIVIL PROCEDURE
DIVISION 1. COURTS AND JUDICIAL OFFICERS
CHAPTER 9. ATTORNEYS
ARTICLE 2. TERRITORIAL LAW LIBRARY

Current through P.L. 26-05 (2001)

§ 9201. Territorial Law Library: Chartered; Tax Exempt.

(a) The Guam Territorial Law Library, is hereby chartered.

(b) The Guam Territorial Law Library, as a nonprofit educational corporation, shall be exempt from taxes and licensing requirements under the laws of Guam.

SOURCE: GC § 28500; enacted by P.L. 14-155. This entire Article was first enacted by P.L. 14-155. All source references in this Article will refer to P.L. 14-155, unless the section has been amended.

NOTES, REFERENCES, AND ANNOTATIONS

COMMENT: The reason for placing this law here is that the Legislature placed this as Chapter III of Title XXIX of the Government Code. Chapters I and II are Articles 1 and 2 of this Chapter, hence this Article is in the same relative place as intended by the Legislature. This Article was neither repealed nor amended by P.L. 21-147, creating the Supreme Court of Guam.

§ 9202. Existence and Function.

(a) There is established in the territory of Guam a Board of Law Library Trustees, which governs the Guam Territorial Law Library.

(b) The first Board of Trustees shall prepare Articles of Incorporation and By-laws for the governing of the Library. The Articles and By-laws shall be filed with the Director of the Department of Revenue and Taxation and the Legislative Secretary and shall become effective upon filing.

(c) The Board of Trustees, by majority vote, may appoint a law librarian whose duties, compensation, qualifications and tenure of office shall be determined by the Board. The librarian shall be the administrative head of the law library and shall be responsible to the Board of Law Library Trustees for the administration of personnel and service activities of the Guam Territorial Library.

SOURCE: GC § 28501.

§ 9203. Membership of Board: Number of Members; Manner of Appointment.

(a) The Board of Law Library Trustees established in § 9202 of this Chapter shall initially consist of eleven (11) members and shall initially be constituted as follows:

(1) the presiding judge of the Superior Court may appoint himself to serve ex officio as trustee or, in the event he chooses not to so serve, he shall appoint a law clerk in the employ of the Superior Court of Guam or a member of the Guam Bar to serve as trustee;
(2) the judge of the District Court of Guam may appoint himself to serve ex officio as a trustee or, in the event he chooses not to so serve, he may appoint a law clerk in the employ of the District Court of Guam or a member of the Guam Bar to serve as trustee; but if there be more than one (1) judge of the District Court, such judges may appoint one (1) of their number to serve ex officio as trustee or, in the event they choose not to appoint one (1) of their number to so serve, they may appoint a law clerk in the employ of the District Court or a member of the Guam Bar to serve as trustee;
(3) the associate judges of the Superior Court of Guam may appoint one (1) of their number to serve ex officio as a trustee or, in the event that they choose not to appoint one (1) of their number to so serve, they shall appoint a law clerk in the employ of the Superior Court or a member of the Guam Bar to serve as trustee;
(4) the Judicial Council shall appoint one (1) trustee who is a member of the Guam Bar;
(5) the Chairman of the Judiciary and Criminal Justice Committee of the Guam Legislature shall appoint one (1) trustee who is a member of the Guam Bar;
(6) the Territorial Librarian shall be a trustee, ex officio;
(7) the Governor of Guam shall appoint one (1) trustee who is a member of the Guam Bar; and
(8) the President of the Guam Bar Association shall appoint four (4) trustees who are members of the Bar of the territory of Guam.

(b) Following the expiration of the terms of membership of the initial members of the Board of Law Library Trustees, the Board of Law Library Trustees shall thereafter consist of nine (9) members and shall be constituted as follows:

(1) the Chief Justice of the Territory or in the event no Chief Justice is serving, the presiding judge of the Superior Court may appoint himself to serve ex officio as a trustee or, in the event he chooses not to so serve, he shall appoint a law clerk in the employ of the Court or a member of the Guam Bar to serve as trustee;
(2) the judge of the District Court may appoint himself to serve ex officio as a trustee or, in the event he chooses not to so serve, he may appoint a law clerk in the employ of the District Court or a member of the Guam Bar to serve as trustee; provided, that if there be more than one (1) judge of the District Court, such judges may appoint one (1) of their number to serve ex officio as a trustee or, in the event they choose not to appoint one (1) of their number to so serve, they may appoint a law clerk in the employ of the District Court or a member of the Guam Bar to serve as trustee;
(3) the judges of the Superior Court may appoint one (1) of their number to serve ex officio as a trustee or, in the event they choose not to appoint one (1) of their number to so serve, they shall appoint a law clerk in the employ of the Superior Court or a member of the Guam Bar to serve as trustee;
(4) the Judicial Council shall appoint one (1) trustee who is a member of the Guam Bar;
(5) the Chairman of the Committee on Judiciary and Criminal Justice of the Guam Legislature shall appoint one (1) trustee who is a member of the Guam Bar;
(6) the Territorial Librarian shall be a trustee ex officio;
(7) the Governor shall appoint one (1) trustee who is a member of the Guam Bar; and
(8) the President of the Guam Bar Association shall appoint two (2) trustees who are members of the Guam Bar.

SOURCE: GC § 28502.

§ 9204. Term of Board Membership.

(a) The initial members of the Board of Law Library Trustees shall be appointed within one (1) month after the effective date of this Act. The initial members of the Board of Law Library Trustees as so constituted shall serve a term which shall expire at midnight on December 31, 1981.

(b) Not more than one (1) month before the expiration of the terms of the initial members of the Board of Law Library Trustees as set forth in Subsection (a) of this Section, those persons empowered by § 9203(b) of this Chapter to appoint members of the Board of Law Library Trustees shall submit in writing to the President of the Board of Law Library Trustees the names of their respective appointees. The terms of membership of such appointees upon the Board of Law Library Trustees shall commence at 12:01 a.m. on January 1, 1982 and shall expire as follows:

(1) the terms of membership of those members appointed pursuant to the provisions of § 9203(b)(1), (4) and (7) shall expire at midnight on December 31, 1984;
(2) the terms of membership of those members appointed pursuant to the provisions of § 9203(b)(2) and (8) shall expire at midnight on December 31, 1983; and
(3) the terms of membership of those members appointed pursuant to the provisions of § 9203(b)(3), (5) and (6) shall expire at midnight on December 31, 1982.

(c) Not more than one (1) month before the expiration of the term of each member of the Board of Law Library Trustees as set forth in Subsections (b) and (c) of this Section, those persons empowered by § 9203(b) of this Chapter to appoint such members of the Board of Law Library Trustees shall submit in writing to the President of the Board of Law Library Trustees the names of their appointees. The term of membership of such appointees upon the Board of Law Library Trustees shall commence at 12:01 a.m. on January 1 of the year following the expiration of his predecessor's term of membership, and shall expire at midnight on December 31, thirty-six (36) months thereafter.

(d) In the event that any member of Board of Law Library Trustees shall die, resign or otherwise be removed from the Board prior to the expiration of his term as set forth in this Section, the vacancy so created shall be filled for the remainder of such member's term in the same manner in which the member whose death, resignation or removal that created such vacancy was appointed.

SOURCE: GC § 28503.

§ 9205. Establishment, Maintenance and Regulation of Territorial Law Library: Leasing or Constructing Quarters; Furniture and Services Regulations.

The Board of Law Library Trustees shall establish and maintain a Law Library in Agana, as close to the Judiciary Building as possible. The Board may lease or construct suitable quarters to house the library facility and shall provide these quarters with suitable furniture and services for utilities, maintenance and security. The Board shall coordinate with the Nieves M. Flores Library concerning access to material by providing a catalog of the law library collection at the central library.

SOURCE: GC § 28504.

§ 9206. Nature of Office of Trustee: Compensation.

The office of trustee is honorary, without salary or other compensation. Ordinary and necessary expenses of trustees may be reimbursed from the funds of the Territorial Law Library upon application approved by the Board.

SOURCE: GC § 28505.

§ 9207. Grounds for Removal of Members.

The Board of Law Library Trustees, acting pursuant to the provisions of the Articles and By-laws of the Territorial Law Library, may remove a trustee for cause.

SOURCE: GC § 28506.

§ 9208. Designation of President.

The Board shall elect one (1) of its number as president, whose powers and duties shall be prescribed in the Articles and By-laws.

SOURCE: GC § 28507.

§ 9209. Election of Treasurer and Secretary: Duties and Powers.

(a) The Board of Law Library Trustees shall elect from its members a treasurer, who shall keep a full statement and account of all property, money, receipt and expenditures of the law library.

(b) The Board shall elect from its members a secretary who shall keep a record and full minutes in writing of all proceedings of the Board. The secretary may certify to such proceedings or any part thereof, under his hand, verified by an official seal adopted and provided by the Board for that purpose.

SOURCE: GC § 28508.

§ 9210. Disposition of Money Collected.

All money collected for the law library must be paid into the hands of the treasurer of the law library or his designee, who must keep the same in a bank account or accounts in the name of "The Guam Territorial Law Library" to be expended by the Board of Law Library Trustees.

NOTES, REFERENCES, AND ANNOTATIONS

All funds that are a part of the Superior Court Law Library Fund at the time this Act becomes effective shall be immediately transferred to the Guam Territorial Law Library.

SOURCE: GC § 28509.

§ 9211. Fee Payable for Libraries: When to be Paid: Commencement of Action.

(a) On the commencement in or the removal to the Superior Court of any civil action, proceeding or appeal, the party instituting such proceeding or filing the first papers shall pay to the clerk of the court, for the Territorial Law Library, a law library fee computed in accordance with the following schedule for such increased schedule as may be duly adopted by the Judicial Council.

1. For filing complaint in Superior Court $10.50
2. For filing petition for appearance of judgment debtor in Superior Court $4.00
3. For filing confession of judgment $8.00
4. For filing appeals from small claims trial de novo $10.50
5. For filing small claims in Superior Court $3.00

(b) Fifty percent (50%) of all fees collected by the clerk of the Superior Court for fees and for clerical services rendered in connection with probate and guardianship matters shall be paid over to the Territorial Law Library Fund.

(c) All penal fines and forfeited cash bonds collected by the Territory, except those collected by the Traffic Court, shall be paid over to the Territorial Law Library.

(d) All interest and other income earned from funds held in the Judicial Branch Special Trust Funds shall be paid over to the Territorial Law Library.

(e) The fees collected under Subsections (a) and (b) of this Section shall be in addition to any other fees collected by the clerk pursuant to the schedule established by the Judicial Council in the Rules of Civil Procedure for the Superior Court.

(f) The government of Guam, agencies and instrumentalities are exempted from paying the fees prescribed in this Section.

SOURCE: GC § 28510.

NOTES, REFERENCES, AND ANNOTATIONS

CROSS-REFERENCES: For current fees, see the Guam Rules of Civil Procedure.

§ 9212. Fees From Members of Guam Bar Association.

Each active member of the Bar of the Territory, as part of his or her dues for membership in the Guam Bar under the Guam Integrated Act, shall pay Fifty Dollars ($50.00) per year to the Territorial Law Library Fund. Said contribution shall be collected with the annual dues for the Bar of Guam and transmitted by it to the Territorial Law Library Fund.

(b) The fees described in Section (a) of this Section shall be subject to revision by the rules of the Supreme Court authorized in § 9101 and § 9102 of this Chapter.

SOURCE: GC § 28511. Repealed and reenacted by P.L. 24-77:1.

§ 9213. Authority of Legislature to Augment Fund.

The Legislature may appropriate from the General Fund for the Territorial Law Library such additional sums as may in its discretion appear proper. When so appropriated such funds shall be paid to the treasurer of the Territorial Law Library for deposit in the Territorial Law Library Fund and for all purposes.

SOURCE: GC § 28512.

§ 9214. Use of Libraries. Use of Libraries.

The Territorial Law Library shall be free to all residents for the examination of books and other publications at the library.

SOURCE: GC § 28513. Repealed and reenacted by P.L. 24-77:2.

§ 9215. Furnishing of Reports, Statutes and Other Documents.

(a) The Governor shall cause to be transmitted to the Territorial Law Library at least one (1) copy of each executive order, administrative regulations and each attorney general's opinion which has been or shall be promulgated in the Territory.

(b) The Chief Justice of the Territory shall cause to be transmitted to the Territorial Law Library at least one (1) copy of every decision, opinion and order of the Supreme Court of the Territory, and at least one (1) copy of all rules promulgated by the Supreme Court of the Territory.

(c) The presiding judge of the Superior Court shall cause to be transmitted to the Territorial Law Library at least one (1) copy of every decision, opinion and order of the Superior Court, and at least one (1) copy of all rules promulgated by the Superior Court.

(d) The Speaker of the Guam Legislature shall cause to be transmitted to the Territorial Law Library at least one (1) copy each of every public law, of every vetoed bill and every bill introduced in the Guam Legislature, and at least one (1) copy of every item included in the legislative history of every bill considered by the Guam Legislature or any committee or subcommittee thereof.

(e) In addition to the materials which shall be transmitted to the Territorial Law Library pursuant to the provisions of Subsections (a) through (d), inclusive, of this Section, the Governor, the Chief Justice, the presiding judge of the Superior Court and the Speaker of the Guam Legislature shall transmit or cause to be transmitted to the Territorial Law Library any other public records which shall be designated by the Territorial Law librarian.

(f) At such time as the Compiler of Law commences its publication of any of the official documents referred to in this Section, he shall submit one (1) copy, free of charge, to the Territorial Law Library. When such publication has commenced, the officials referred to in this Section shall not be required to submit the documents stated above unless requested to do so by the Board of Law Library Trustees.

SOURCE: GC § 28514.

§ 9502. Fund Sources: Special Program Revolving Funds.

(a) All income and interest earned on such income received by the Superior Court for the filing of documents, or imposition of fines except as otherwise mandated by 7 GCA Chapter 5, Article 3 and Chapter III, Title II of Part I of Division Fourth of the Civil Code, relative to the Territorial Law Library and the Criminal Injuries Compensation Commission, respectively, and from rent paid by other tenants or government departments or agencies occupying the Judicial Building shall be deposited in the Judicial Building Fund. All interest income earned by the Superior Court from interest bearing bank accounts not part of the Judicial Building Fund shall likewise be deposited in the Judicial Building Fund as provided in § 9505 of this Chapter.

(b) Subject to approval by the Judicial Council, the Supe rior Court may charge reasonable fees for providing certain services or programs that the court determines are necessary for the proper administration of justice. Revenue received from such programs may be deposited within revolving accounts set up to support the programs or in the Judicial Building Fund, as the Council may provide.

SOURCE: CCP § 189.1 added by P.L. 17-82:1; amended by P.L. 19-05:1.