§ 1424b. Judge of District Court; appointment, tenure, removal, and compensation; appointment of United States attorney and marshal

Statutory text

The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court of Guam who shall hold office for the term of ten years and until his successor is chosen and qualified unless sooner removed by the President for cause. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts.

The Chief Judge of the Ninth Judicial Circuit of the United States may assign a judge of a local court of record or a judge of the High Court of the Trust Territory of the Pacific Islands or a circuit or district judge of the ninth circuit or a recalled senior judge of the District Court of Guam or of the District Court for the Northern Mariana Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge in the District Court of Guam whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the court.

The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal for Guam to whose offices the provisions of chapters 35 and 37 of title 28, respectively, shall apply.

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.

1950
Organic Act of Guam
Pub. L. 81–512 § 24 · 64 Stat. 384
Enacted · 48 U.S.C. § 1424b
Aug. 1, 1950, ch. 512, § 24, 64 Stat. 390
Source evidence
Code source credit
Aug. 1, 1950, ch. 512, § 24, 64 Stat. 390
Enacted provision · exact public law section
Sec. 24. (a) The President shall, by and with the advice and consent Appointment of judge, etc. of the Senate, appoint a judge for the District Court of Guam who shall hold office tor the term of four years and until his successor is chosen and qualified unless sooner removed by the President for cause. The judge shall receive a salary payable by the United States which shall be the same as the salary of the Governor of Guam as provided by section 26 (a) of this Act, and shall be entitled to the 62 Stat. 904. 28 U. S. C., Sup. III, § 373. benefits of retirement provided in section 373 of title 28, United States Code. The Chief Justice of the United States may, with the consent of the judge so assigned, assign any United States circuit or district judge to serve as a judge in the District Court of Guam whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the court. (b) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and United States marshal 62 Stat. 909, 910. 28 U. S. C., Sup. III, §§ 501–510, 641–556. 62 Stat. 907, 913, 915, 920, 925. 28 U. S. C., Sup. III, §§ 451–480, 601–610, 631–639, 751–756, 951–903. for Guam to whose offices the provisions of chapters 31 and 33 of title 28, United States Code, respectively, shall apply. (c) The provisions of chapters 21, 41, 43, 49, and 57 of title 28, United States Code, shall apply to the District Court of Guam.
1951
Public Law not identified
Struck · 48 U.S.C. § 1424b(a)
Subsec. (a). Act Oct. 31, 1951, in second sentence, struck out “, and shall be entitled to the benefits of retirement provided in section 373 of title 28”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Oct. 31, 1951, in second sentence, struck out “, and shall be entitled to the benefits of retirement provided in section 373 of title 28”.
1951
Public Law not identified
Struck · 48 U.S.C. § 1424b(c)
Subsec. (c). Act Oct. 31, 1951, struck out references to chapters 21, 41, and 57 of title 28
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act Oct. 31, 1951, struck out references to chapters 21, 41, and 57 of title 28.
1958
Pub. L. 85–444 § 3 · 72 Stat. 178
1. Substituted · 48 U.S.C. § 1424b(a)
  Pub. L. 85–444 increased the term of office from four to eight years, substituted provisions requiring the salary of the judge to be at the rate prescribed for judges of the United States district courts for provisions which required the salary of the judge to be the same as salary of the Governor of Guam
2. Inserted · 48 U.S.C. § 1424b(a)
  Pub. L. 85–444 increased the term of office from four to eight years, inserted provisions permitting the Chief Judge of the Ninth Circuit to make temporary assignments
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–444 increased the term of office from four to eight years, substituted provisions requiring the salary of the judge to be at the rate prescribed for judges of the United States district courts for provisions which required the salary of the judge to be the same as salary of the Governor of Guam, and inserted provisions permitting the Chief Judge of the Ninth Circuit to make temporary assignments.
Enacted provision · exact public law section
Sec. 3. Subsection (a) of section 24 of the Organic Act of Guam (64 Stat. 384, 390; 48 U. S. C. 1424b), as amended, is further amended as follows: “(a) The President shall, by and with the advice and consent of Judge. Appointment the Senate, appoint a judge for the District Court of Guam who shall hold office for the term of eight years and until his successor is chosen and qualified unless sooner removed by the President for cause. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts. “The Chief Judge of the Ninth Judicial Circuit of the United States may assign a judge of the Island Court of Guam or a judge of the High Court of the Trust Territory of the Pacific Islands or a circuit or district judge of the ninth circuit, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge in the District Court of Guam whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the court.”
1984
Pub. L. 98–454 § 802(a) · 98 Stat. 1732
1. Substituted · 48 U.S.C. § 1424b(a)
  Pub. L. 98–454, § 802(a)–(c), substituted “for the term of ten years” for “for a term of eight years” in first par., and, in second par.
2. Substituted · 48 U.S.C. § 1424b(a)
  Pub. L. 98–454, § 802(a)–(c), substituted “a local court of record” for “the Island Court of Guam”
3. Inserted · 48 U.S.C. § 1424b(a)
  Pub. L. 98–454, § 802(a)–(c), inserted “or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands” after “ninth circuit”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–454, § 802(a)–(c), substituted “for the term of ten years” for “for a term of eight years” in first par., and, in second par., substituted “a local court of record” for “the Island Court of Guam” and inserted “or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands” after “ninth circuit”.
Enacted provision · exact public law section
(a) substituting in the first paragraph of subsection (a) the words “for the term of ten years” for “for a term of eight years”;
Effective date note
Amendments by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.
1984
Pub. L. 98–454 § 802(d) · 98 Stat. 1732
Substituted · 48 U.S.C. § 1424b(b)
Pub. L. 98–454, § 802(d), substituted “35” and “37” for “31” and “33” respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–454, § 802(d), substituted “35” and “37” for “31” and “33” respectively.
Enacted provision · exact public law section
(d) substituting in subsection (b) the numbers “35” and “37” for “31” and “33”, respectively; and
Effective date note
Amendments by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.
1984
Pub. L. 98–454 § 802(e) · 98 Stat. 1732
Struck · 48 U.S.C. § 1424b(c)
Pub. L. 98–454, § 802(e), struck out subsec. (c) which provided that chapters 43 and 49 of title 28 shall apply to the District Court of Guam
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–454, § 802(e), struck out subsec. (c) which provided that chapters 43 and 49 of title 28 shall apply to the District Court of Guam.
Enacted provision · exact public law section
(e) deleting subsection (c). ”
Effective date note
Amendments by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.

8 of 10 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

Amendments1951–1984 · 3 rounds

1984

Subsec. (a). Pub. L. 98–454, § 802(a)–(c), substituted “for the term of ten years” for “for a term of eight years” in first par., and, in second par., substituted “a local court of record” for “the Island Court of Guam” and inserted “or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands” after “ninth circuit”.

Subsec. (b). Pub. L. 98–454, § 802(d), substituted “35” and “37” for “31” and “33” respectively.

Subsec. (c). Pub. L. 98–454, § 802(e), struck out subsec. (c) which provided that chapters 43 and 49 of title 28 shall apply to the District Court of Guam.

1958

Subsec. (a). Pub. L. 85–444 increased the term of office from four to eight years, substituted provisions requiring the salary of the judge to be at the rate prescribed for judges of the United States district courts for provisions which required the salary of the judge to be the same as salary of the Governor of Guam, and inserted provisions permitting the Chief Judge of the Ninth Circuit to make temporary assignments.

1951

Subsec. (a). Act Oct. 31, 1951, in second sentence, struck out “, and shall be entitled to the benefits of retirement provided in section 373 of title 28”.

Subsec. (c). Act Oct. 31, 1951, struck out references to chapters 21, 41, and 57 of title 28.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendments by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.

Extension of Term of District Judges; Applicability; Effective Date

Pub. L. 98–454, title X, § 1004, Oct. 5, 1984, 98 Stat. 1746, provided that: “The provisions of sections 706(a), 802(a), and 901(a) of this Act [amending sections 1614, 1424b, and 1821, respectively, of this title] extending the terms of district court judges of the Virgin Islands, Guam, and the Northern Mariana Islands, respectively, from eight to ten years shall be applicable to the judges of those courts holding office on the effective date of this Act [Oct. 5, 1984].”

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.

Credits

1950–1984 · 4 acts

1950Aug. 1, 1950, ch. 512, § 24, 64 Stat. 390
1951Oct. 31, 1951, ch. 655, § 55(a), 65 Stat. 728
1958Pub. L. 85–444, § 3, June 4, 1958, 72 Stat. 179
1984Pub. L. 98–454, title VIII, § 802, Oct. 5, 1984, 98 Stat. 1743.

Show as published

(Aug. 1, 1950, ch. 512, § 24, 64 Stat. 390; Oct. 31, 1951, ch. 655, § 55(a), 65 Stat. 728; Pub. L. 85–444, § 3, June 4, 1958, 72 Stat. 179; Pub. L. 98–454, title VIII, § 802, Oct. 5, 1984, 98 Stat. 1743.)