APPOINTED BY GOVERNOR/RETAINED BY PUBLIC VOTE
Judges of the Superior Court are appointed by the governor with the advice and consent of the Legislature for a term of eight years. If they wish to continue in office, their names are placed on the ballot at a general election. They must garner at least 50 percent plus one favorable vote of the number of cast ballots to remain in office. Judge Richard Benson and Judge Joaquin E. Manibusan were the first to be placed on a ballot. They both received the overwhelming approval of the voters. Presiding Judge Abbate, Judge Janet Weeks and Judge John Raker received overwhelming voter support in 1984. Both Judge Weeks and Judge Manibusan were retained in the election of 1990 garnering over 70% of the voters approval.
DISTRICT COURT JUDGE RETIRES
In November of 1990, Judge Cristobal C. Duenas retired as judge of Guam District. Elevated to this position in 1969, Judge Duenas as the first Guamanian to serve on the prestigious federal bench. He began his career on the bench in 1960 as a Judge of the Island Court.
By the late 1980's, the Superior Court of Guam had e expanded to include five divisions: General Administration, Financial Management, Marshals, Probation, Courts and Ministerial. Facing a rising caseload, an expanding prosecution arm of the government, and a growing population, the court began implementing programs designed to alleviate and properly handle the growth.
The six judges of the Superior Court faced not only a rising caseload, but a diversification in types of cases they were confronted with and a growing sophistication in litigation. Forced to deal with a rapidly changing lifestyle on Guam, the Superior Court under the leadership of Presiding Judge Alberto C. Lamorena III, began to address the changing issues of Guam.
CODIFICATION OF GUAM LAW
In the seventies, the Legislature established the Compiler of Law Office with the Attorney General in order to update and organize the local laws. By 1987, the Legislature began to codify Guam's laws overall. The Superior Court of Guam oversaw the promulgation and establishment of proposed Rules of Civil Procedure, Rules of Court for Small Claims, Child Support Rules as well as indexing local decisions of the courts. In addition, the court established direct computer hook-up with Westlaw, a national index of laws and court decisions.
BAR EXAM UPGRADED
By 1991, there were approximately 300 attorneys practicing on Guam in both the private sector and government of Guam. The court sought to ensure the quality of law practiced on island. In November 1988, the Board of Law Examiners adopted the rule that all applicants wishing to practice law on Guam must pass the Multistate Professional Responsibility Examination (MPRE) based on a specific standard scoring system. In addition, the court lobbied with the Legislature to enact a law disallowing unapproved American Bar Association Law School graduates from taking the bar exam straight out of graduate school.
FAMILY COURT
1987, in order to address a 70% rise in juvenile crime, family court was established under Judge Benjamin J.F. Cruz. The court implemented a Pre-Adjudication Diversion Program which was designed to "rescue" non-felony offenders from formal procedures associated with coming before family court, placing the juvenile client in an informal probational status. In addition, the court established parenting programs and other counseling programs designed to del with the rising juvenile delinquency problem.
ALTERNATIVE SENTENCING
In the late seventies, the Superior Court of Guam established the Alternative Sentencing Program for criminal offenders. Faced with overcrowding at the Rosario Detention Center, the judges now had the option of placing defendants on community service programs. Implemented by the court with contributions by others, including, former Presiding Judge Paul J. Abbate and Sister Mary John Cristobal, the Alternative Sentencing program had expanded by 1990 to overseeing community service, a marriage reconciliation program, a parenting group, an alcohol treatment program, court crime prevention for juveniles and a petty theft diversionary program.
CLIENT SERVICES DIVISION
Realizing that incarceration in itself was not an answer, the Superior Court established a Client Service Division in order to address the counseling and psychological needs of clients and victims. The division was designed to diagnose, recommend and provide treatment to criminal offenders, victims, and family members involved in crimes such as sexual abuse, rape and other violent crimes.
SMALL CLAIMS COURT
On June 13, 1989, the Guam Legislature implemented P.L. 20-28, which raised the filing limit in Small Claims Court from $1,000 to $10,000 and incorporated eviction matters. In addition, the Guam Rule of Civil Procedure for Small Claims were prepared and organized for eventual review and adoption by the court and Legislature.
By 1989, the Judicial Council had approved the proposed revision of the Guam Rule of Civil Procedure and submitted to the Guam Legislature for review and ratification.
VICTIM BILL OF RIGHTS
In addition, a Criminal Injuries Compensation Commission
In 1990, the Legislature adopted a Victims Bill of Rights at the request of the Presiding Judge which not only encompassed a victim's right to restitution, but guaranteeing the basic expectation that offenders be detained in custody, tried by courts and punished. In addition, a Criminal Injuries Compensation Commission was reestablished by the Legislature at the request of the court, which would assist in the compensation of a victim over and above the court ordered restitution. Legislation was also adopted requiring notification of crime victims when his or her assailant completed their jail term or was released on bail.
CHILD SUPPORT UNIT ESTABLISHED
With a rise in the occurrence of divorces on island and the problem of collecting child support, the 20th Guam Legislature enacted the implementation of the new Child Support Enforcement Unit. In addition, rules and regulations governing this division was adopted.
 COURT PROGRAMS INCREASE EFFICIENCY AND EDUCATION
In order to increase the efficiency and effectiveness of the court's operations, the court formed an Automation Committee to begin integration of computers into the judicial process.
Seeing the need to continually train and upgrade the skills of its employees, the Superior Court implemented a number of training workshops and incentive programs inclusive of the Employee AWARDS program, the Legal Assistant workshop with the University of Guam, and a Career Enhancement program that allows employees to be reimbursed for college courses that enhance their job skills.
As part of the court's outreach program, it established an internship program with the University of Guam in 1989 and continues to sponsor the Guam High School Mock Trial competition that began in 1981. Guam's team competed in the National Championships for the first time in 1990 (They placed 13 out of 51 teams.)
COURT ISSUES OF THE FUTURE:
DISTRICT COURT APPEALS RULING OVERLOOKED
No greater issue faces the judiciary than the issue of handling appeals, locally and the establishment of Guam's Supreme Court. Prior to the case of People v. Yang, the 9th Circuit Court of Guam, Appellate Division's gave deference to the District Court of Guam Appellate Division's interpretation of local Guam law. Yang, however changed that. The 9th Circuit now reviews interpretation of local de novo acknowledging no special knowledge of Guam conditions in either the Superior Court or in the Appellate Division of the District Court.
GUAM SUPREME COURT
Guam's desire to establish a local Supreme Court as a first step in hearing appeals suffered a major set back due to the very narrow interpretation of Guam's judicial authority under the Organic Act in the U.S. Supreme Court case of People v. Olsen. In Olsen, the Supreme Court determined that Guam had no power under the Organic Act to create its own Supreme Court. The court relied upon the fact that Congress had plenary statutory intention to permit the creation of such a court, Guam was not permitted to enact the Guam Supreme Court.
The U.S. Congeress amended the Organic Act to allow Guam to form a Supreme Court with the provision that for the first 15 years of the Guam Supreme Court, the 9th Circuit Court would still maintain judicial overview in the appeals process. In all other aspects, the appeals process would be the same as each state. Guam's Committee on Self-Determination took exception to the 15 year period and is hoping to reduce or delete this provision.
COMMONWEALTH A JUDICIAL GOAL
As part of his collateral duties, Presiding Judge Lamorean serves on the Commission on Self-Dtermination which seeks to rectify certain shortfalls in the Organic Act of Guam. Since the passage of the Organic Act in 1950, Guam had a local trial court with appeals going to the Appellate Division of the District Court and from there, the Ninth Circuit. Seeking a fundamental restructuring of Guam's relationship with the United States through a commonwealth act, the local Guam court is seeking a change it its relationship with the federal court system.
ESTABLISHMENT OF THE GUAM JUDICIAL COMMISSION
In his 1991 State of Judiciary Address, Presiding Judge Lamorean announced his intention to form a Judicial Commission that would review existing goals, issues, programs pertaining to the courts, the Attorney General's Office, the Public Defender, Traffic Court, the Public Defender, Traffic Court, Family Court, and other entities within the Department of Law and the Judicial Branch. It would include reassessments of alternative sentencing, alternative dispute resolutions, methods of incarceration, prosecution and defense practices, criminal and civil proceedings, attorney filing methods, continuing educattion, the Supreme Court and many others. The Judicial Commission would serve as a vehicle to establish specific goals and methods of obtaining those goals in order to standardize the judicial process and make it more efficient and effective in administering justice.
 THE GUAM JUDICIAL CENTER
The groundbreaking for the new Guam Judicial Center took place on September 9, 1988. On hand for the ceremony were Presiding Judge Alberto C. Lamorena, III, Governor Joseph Ada, Speaker Joe T. San Agustin, Senator Pilar Lujan, Chairwoman of the Committee on Judiciary, Attorney General Elizabeth Barrett-Anderson, then President of the Guam Bar, Pat Civille, and other island dignitaries.
The 11 million dollar complex included construction of a four level judicial center, the renovation of the old courthouse and the Superior Court annex. The Guam Judicial Center is designed to house the Superior Court of Guam, the Attorney General's Office, the Public Defender and eventually, the Supreme Court of Guam. Phase two of the project, the renovation of the Agana courthouse, is expected to be completed in 1992.
On July 15, 1991, the court began partial operation in the new Guam Judicial Center and was completely operational on July 23, 1991. A brief ribbon cutting ceremony marked the event.
The Superior Court of Guam celebrated its official opening of the Guam Judicial Center on September 26, 1991. Hosted by Presiding Judge Alberto C. Lamorean III, the judges of the Superior Court of Guam, the Guam Judicial Council members and employees of the Superioe Court of Guam, the event included tours of the facility, the placement of a time capsule, the planting of the Ifit tree (Guam's territorial tree) and Puti Tai Nobio (territorial flower), and the unveiling of t he Spanish Resedencia display (a 1777 document discovered and restored by the courts with the assistance of the Bishop Museum in Hawaii).
The first trial held in the Judicial Center was a Civil proceeding presided over by Judge Benjamin J. Cruz. The first court filing took place on July 15, 1991 at 9:10a.m. and was a $74 traffic fine processed by court clerk Galo L. Perez, Jr.
THE PACIFIC JUDICIAL COUNCIL
Among the invited guests to the Grand Opening were Chief Justices and judges from the Federated States of Micronesia, Belau, the Marshals, and the Commonwealth of the Northern Marianas. Once of the items on the agenda was to formulate plans for a Pacific Judicial Council that would serve as a forum for island Judiciaries to exchange ideas, establish programs and methods to resolve common problems confronting their communities. On September 27th in a meeting held at the Pacific Star Hotel, six Chief Justices of Belau, the Marshals, the Commonwealth of the Northern Marianas, Chuuk, Yap, Pohnpei and the Presiding Judge of Guam signed the Articles of Association for the Pacific Judicial Council. Guam's Presiding Judge Lamorena was selected as the Acting President of the Council.
THE COURT'S FUTURE ON GUAM
In 1991, America celebrated the 200th Anniversary of the Bill of Rights, honoring perhaps the most important leagl document written in mankind's history to date - the U.S. Constitution. In the decade of the 90's Guam will continue to seek it's own self-determination for it's own government. As for the future of Guam's courts, Presiding Judge Alberto C. Lamorena III summarized it in his 1991 State of Judiciary:
"We are on a great quest to form the finest Judicial system in the nation, to serve the finest community in the nation. I have full confidence in this generation of jurists to seek the legal horizons that lie before us. And I believe in the ability of the court staff and management to continue to effectively administer justice in service of our community.
In this, the last decade of the 20th century, Guam will set the foundation for the Judicial system of the twenty-first century. As we celebrate the 200th Anniversary of the Bill of Rights, we must understand that freedom is not found within a document, but in the spirit of a people that embraces the responsibilities that befall them. This is the greatest challenge facing the courts today -- and one I intend to meet head on. Thank you and si Yuus maase..." |
