§ 1424. District Court of Guam; local courts; jurisdiction

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1950

   Organic Act of Guam

   Pub. L. 81–512 § 22 · 64 Stat. 384

   Enacted · 48 U.S.C. § 1424

   Aug. 1, 1950, ch. 512, § 22, 64 Stat. 389

   Source evidence

   Code source credit
   Aug. 1, 1950, ch. 512, § 22, 64 Stat. 389

   Enacted provision · exact public law section
   Sec. 22. the judiciary (a) There is hereby created a court of record to be designated District Court of Guam. the “District Court of Guam”, and the judicial authority of Guam shall be vested in the District Court of Guam and in such court or courts as may have been or may hereafter be established by the laws of Guam. The District Court of Guam shall have, in all causes arising under the laws of the United States, the jurisdiction of a district court of the United States as such court is defined in section 451 of 62 Stat. 907. title 28, United States Code, and shall have original jurisdiction in all other causes in Guam, jurisdiction over which has not been transferred by the legislature to other court or courts established by it, and shall have such appellate jurisdiction as the legislature may determine. The jurisdiction of and the procedure in the courts of Guam other than the District Court of Guam shall be prescribed by the laws of Guam. (b) The rules heretofore or hereafter promulgated and made effective Rules. by the Supreme Court of the United States pursuant to section 2072 of Ante, p. 168. title 28, United States Code, in civil cases; section 2073 of title 28, United States Code, in admiralty cases; sections 3771 and 62 Stat. 846. 18 U. S. C., Sup. III, § 3772. 30 Stat. 564. 11 U. S. C., Sup. III, § 53. Jurisdiction of appeals. 3772 of title 18. United States Code, in criminal cases; and section 30 of the Bankruptcy Act of July 1, 1898, as amended (title 11, U. S. C., sec. 53), in bankruptcy cases; shall apply to the District Court oi Guam and to appeals therefrom.

2. 1954

   Public Law not identified

   Inserted · 48 U.S.C. § 1424(b)

   Subsec. (b). Act Aug. 27, 1954, inserted provisions making it clear that trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information shall not be required in the District Court of Guam until so required by laws enacted by the Legislature of Guam; and defining the terms “attorney for the government”, and “United States attorney”, as used in the Federal Rules of Criminal Procedure, when applicable to cases arising under the laws of Guam

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 27, 1954, inserted provisions making it clear that trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information shall not be required in the District Court of Guam until so required by laws enacted by the Legislature of Guam; and defining the terms “attorney for the government”, and “United States attorney”, as used in the Federal Rules of Criminal Procedure, when applicable to cases arising under the laws of Guam.

3. 1958

   Pub. L. 85–444 · 72 Stat. 178

   Changed · 48 U.S.C. § 1424(a)

   Pub. L. 85–444 provided that the District Court of Guam shall have jurisdiction in all causes arising under the Constitution, treaties, and laws of the United States, regardless of the sum or value of the matter in controversy, and to insert the paragraph requiring appeals to the District Court to be heard and determined by an appellate division

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–444 provided that the District Court of Guam shall have jurisdiction in all causes arising under the Constitution, treaties, and laws of the United States, regardless of the sum or value of the matter in controversy, and to insert the paragraph requiring appeals to the District Court to be heard and determined by an appellate division.

4. 1978

   Pub. L. 95–598 § 335(a) · 92 Stat. 2549

   Inserted · 48 U.S.C. § 1424(a)

   Pub. L. 95–598, § 335(a), inserted “and a bankruptcy court”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–598, § 335(a), inserted “and a bankruptcy court”.

   Enacted provision · exact public law section
   (a) Section 22(a) of the Organic Act of Guam (48 U.S.C. 1424(a)) is amended by inserting “and a bankruptcy court” immediately after “jurisdiction of a district court”.

5. 1978

   Pub. L. 95–598 § 335(b) · 92 Stat. 2549

   Substituted · 48 U.S.C. § 1424(b)

   Pub. L. 95–598, § 335(b), substituted “section 2075 of title 28, in cases under title 11,” for “section 53 of title 11, in bankruptcy cases;”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–598, § 335(b), substituted “section 2075 of title 28, in cases under title 11,” for “section 53 of title 11, in bankruptcy cases;”.

   Enacted provision · exact public law section
   (b) Section 22(b) of such Act (48 U.S.C. 1424(b)) is amended by striking out “30 of the Bankruptcy Act of July 1, 1898, as amended (title 11, U.S.C., sec. 53), in bankruptcy cases;” and inserting “2075 of title 28, United States Code, in cases under title 11, United States Code,” in lieu thereof.

6. 1984

   Pub. L. 98–454 title VIII · 98 Stat. 1732

   1. Amended · 48 U.S.C. § 1424

      Pub. L. 98–454 amended section generally

   2. Struck · 48 U.S.C. § 1424

      Pub. L. 98–454 striking out language which directed that no provisions of any rules which authorized or required trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information be applicable to the District Court of Guam unless and until made so applicable by laws enacted by the Legislature of Guam

   3. Repealed · 48 U.S.C. § 1424

      Pub. L. 98–454 repealed that portion of section 1 of act Aug. 27, 1954, which had inserted such language originally

   4. Repealed · 48 U.S.C. § 1424

      Pub. L. 98–454 repealed section 335 of Pub. L. 95–598, which had amended this section, and transferred out of this section into sections 1424–1 to 1424–4, with amendments, the remaining provisions formerly set out in this section relating to the creation, jurisdiction, and rules governing procedure in the Guam judicial system

   Source evidence

   Code amendment note
   Pub. L. 98–454 amended section generally, striking out language which directed that no provisions of any rules which authorized or required trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information be applicable to the District Court of Guam unless and until made so applicable by laws enacted by the Legislature of Guam, repealed that portion of section 1 of act Aug. 27, 1954, which had inserted such language originally, repealed section 335 of Pub. L. 95–598, which had amended this section, and transferred out of this section into sections 1424–1 to 1424–4, with amendments, the remaining provisions formerly set out in this section relating to the creation, jurisdiction, and rules governing procedure in the Guam judicial system.

   Enacted provision · exact public law
   TITLE VIII Sec. 801. guam Section 22 of the Organic Act of Guam (64 Stat. 389; 48 Courts, U.S. U.S.C. 1424), as amended, is amended to read as follows: “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. Post, p. 1742. “(b) The District Court of Guam shall have the jurisdiction of a district court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28, United States Code, and that of a bankruptcy court of the United States. “(c) In addition to the jurisdiction described in subsection (b), the District Court of Guam shall have original jurisdiction in all other causes in Guam, jurisdiction over which is not then vested by the legislature in another court or other courts established by it. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by the laws of Guam for the purpose of determining the requirements of indictment by grand jury or trial by jury. “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 Ante, p. 1741. 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. 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 Supra. 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 Reports. 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, 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. “(b) Appeals to the District Court of Guam shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The district judge shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division of any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time to time pursuant to section 24 of this Act: Provided, That no more Infra. than one of them may be a judge of a court of record of Guam. The concurrence of two judges shall be necessary to any decision of the appellate division of the district court on the merits of an appeal, but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. “(c) The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. 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. “(d) Upon the establishment of the appellate court provided for in section 22A(a) of this Act all appeals from the decisions of the local Ante, p. 1742. courts not previously taken must be taken to the 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. “Sec. 22D. Where appropriate, the provisions of part II of title 18 Crimes and misdemeanors. 48 USC 1424–4. 18 USC 3001. 28 USC 501. 18 USC app. and of title 28, United States Code, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the District Court of Guam and appeals therefrom; except that the terms, ‘Attorney for the government’ and ‘United States attorney’, as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of 18 USC app. Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein.”. Sec. 802. Section 24 of the Organic Act of Guam, as amended (64 Stat. 390; 48 U.S.C. 1424b), is amended, by: (a) substituting in the first paragraph of subsection (a) the words “for the term of ten years” for “for a term of eight years”; (b) substituting in the second paragraph of subsection (a) the words “a local court of record” for “the Island Court of Guam”; (c) inserting in the second paragraph of subsection (a) between the words “ninth circuit” and “or” the words “or a recalled senior judge of the District Court of Guam or of the District Court for the Northern Mariana Islands”; (d) substituting in subsection (b) the numbers “35” and “37” for “31” and “33”, respectively; and (e) deleting subsection (c). ” Sec. 803. Section 1 of the Act of August 27, 1954 (68 Stat. 882), is Law enforcement. 48 USC 1424. amended by repealing that portion which reads: “that no provisions of any such rules which authorize or require trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information shall be applicable to the District Court of Guam unlessand until made so applicable by laws enacted by the Legislature of Guam, and except further”.

   Effective date note
   Pub. L. 98–454, title X, § 1005, Oct. 5, 1984, 98 Stat. 1746, provided that: “Titles VII, VIII, IX, and X of this Act [enacting sections 1424–1 to 1424–4, 1493, and 1613a of this title, repealing section 1400 of this title, amending this section and sections 1424b, 1561, 1611, 1612, 1613, 1614, 1615, 1617, 1694, and 1821 to 1824 of this title, and enacting provisions set out as notes under sections 1424b, 1612, and 1614 of this title and section 373 of Title 28, Judiciary and Judicial Procedure] shall become effective on the ninetieth day following their enactment [Oct. 5, 1984].”

7. 2004

   Pub. L. 108–378 § 1(a) · 118 Stat. 2206

   Amended · 48 U.S.C. § 1424(a)

   Pub. L. 108–378 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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 1424–1 of this title.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–378 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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 1424–1 of this title.”

   Enacted provision · exact public law section
   (a) Judicial Authority; Courts.— Section 22(a) of the Organic Act of Guam (48 U.S.C. 1424(a)) is amended to read as follows: “(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.” .

4 of 10 references resolved to an enrolled provision · 5 partial · 1 unresolved