I am Charles H. Troutman, Compiler of Laws for Guam and formerly Attorney General and counsel for the Commission on self Determination. I have been working with the issue establishing the supreme Court of Guam since before I argued the issue unsuccessfully in 1977 before the United States Supreme Court (People v. Olsen). Congress was looking at legislation similar to that presented here during the mid-1970s, but that was delayed pending the outcome of the Supreme Court case. Following that, the present law was adopted after much discussion. Even at that time I testified that a surer foundation was required for the Supreme Court. I still believe that Guam needs a fully co-equal third branch of government. The same problems which plagued the court 0 legislative interference in the 1970's are with us still. Nevertheless, I believe that H.R. 521 is too detailed. There are many areas where flexibility is a necessity and legislative discretion a positive benefit. Therefore, I would urge that this Bill be amended to more resemble the applicable portions of Article III of the United States Constitution rather than include the many details found in H.R. 521. My suggestions follow: Compiler of Law Division (Dibision Fanrikohlyan i Lei Gulhan Siba) 1. 2. I am concerned that subsection §22(a) (a)(1) and §22A (a)(1) would limit the present Supreme Court's jurisdiction by its reference to it as an "appellate" court and to the Superior Court as a "trial court". In the recent decision ofn re Request of the Governor Relative to...P.L. 26-35, 2002 Guam 1 Appendix A - Partial Opinion), The Supreme Court, in justifying is jurisdiction to hear such declaratory judgments in the first instance, relied upon the Organic Act's grant to the Legislature to create any time of court of original jurisdiction, whether it be in the Superior Court of Supreme Court. This is very important and we should not limit this power. You will nore from the Legislative history of that Guam Code Section (Appendix B), the states from which we adopted this provision do so in their Constitutions. If this section were to be carried over into this Bill part of my concern would be cased. However, there is still the question of new jurisdiction in the future. Under this bill, it is doubtful that the supreme Court could review decisions of government agencies much as the Circuit Court of Appeals review decisions of federal government agencies. Therefore, I would suggest amending Section 2 of H.R. 512 to read: Section 2. Judicial Structure of Guam, (a) Section 22(a).. (a) (1) The judicial power of Guam shall be vested in one Supreme Court, and in such inferior courts as the Legislature may from time to time establish. The judges of both the supreme and inferior courts shall hold office and be compensated as provided by the Guam Legislature, but such compensation shall not be diminished during their terms of office unless by a general law affecting all the salaried officers of Guam. (2) The Judicial Power of Guam shall extend to all cases, in law and equity, over which any Court established by the Constitu tion and love of the United States does not have exclusive iurisdiction. Such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam by section 1424(b) of this title. (3) The jurisdiction and power of the Supreme Court of Guam shall consist of the power to hear all appeals from the inferior courts of Guam and from actions of administrative agencies of the government of Guam, to issue any and all write in aid of its appellate and original jurisdiction. pursuant to statutes of the Guam Legislature. The Supreme Court shall have such original jurisdiction as the Legislature may provide. The Supreme Court shall also have supervisory and administrative authority over the inferior courts through an organization prescribed by the Legislature, have authority to govern the practice of law in Guam, and prescribe rules of practice and procedure before the courts established under the Territory of Guam, all under rules adopted the Supreme Court, These rules may be changed by a statute passed by a vote of two-thirds of the Legislature. (4) The Governor, in writing, or the Guam Legislature, by resolution, may request declaratory judgments from the Supreme Court ar 4. 3. to the interpretation of any law, federal or local, lying within the jurisdiction of the courts of Guam to decide, and upon any question affecting the powers and duties of the Governor and the operation of the Executive Branch, or the Guam Legislature, respectively. The declerator judgments may be issued only where it is a matter of great public interest and the normal process of law would cause undue delay. Such declaratory judgments shall not be available to private parties. The Supreme Court shall, pursuant to its rules and provedure, permit interested parties to be heard on the questions presented and shall render its written judgment therean. (5) There shall also be a District Court of Guam, created and having the jurisdiction provided in Section 22 of this Act (48 U.S.C.A. § 1424). Under the present law and the Guam Supreme Court, references in the Organic Act to the Judicial authority of Guam residing in the District Court of Guam as well as in the local judiciary is confusing. The Organic Act contains other sections, notably §31) which gives exclusive jurisdiction over income tax matters to the District Court. That section is clear and should remain and changes to this section would not affect that. But since the District Court acts in other ways only as a federal, albeit an Article I or Article IV court, not an Article Il court, and not as a court having local Guam jurisdiction, the Organic Act should be updated here, too, to reflect the reality of the situation. Therefore, I would suggest the following Section 22 (48 U.S.C.A. § 1424: 81424. Courts of Guam; Jurisdiction; Procedure. (a) District Court of Guam; local courts. The judicial authority of the United States in Guam judicial authority of Gram shall be vested in a court of record established by Congress, designated the "District Court of Guam", and vadr local court or courts as may have been shall hereafter be established by the laws of Guam in conformity with rection 1424-1 of this Fitke. (b) Jurisdiction. The District Court of Guam shall have the jurisdiction of a district court of the United States, any specific jurisdiction given it by other Acts of Congress including this Act, including, but not limited to, the diversity jurisdiction provided for in 1332 of title 28, United States Code, and that of a bankruptcy court of the United States. (c) Original Local Jurisdiction. In addition to the jurisdiction described in subsection (b) of this section, the District Court of Gusar shall have original jurisdiction in all other causes in Guan, jurisdiction over which is not then vested by the legislature in another court or courts established by it: Inr causer 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 Ghur for the purpose of determining the requirements of indictment by grand jury or trial by jury. Finally, I would delete the remainder of section 22-B (48 U.S.C.A. 1424-2 because the substance of this subsection is contained in my first suggested amendment. : (b) Loval Court Jurisdiction. The legislature may vest in the local courts jurisdiction over all cacer in Gram over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Such jurisdiction whall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guanr by section 1424(b) of this title. (c) Local practice & procedure, local judges. The practice and procedure in the local courts and the qualifications and duties of the judges thereof shall be governed by the laws of Ghaur and the rules of those courts. Thank you for your consideration of this measure. Sincerely yours, Orarles H. Troutman CHARLES H. TROUTMAN Compiler of Laws Appendices A and B Testimony of Charles H. Troutman Re: H.R. 521 Page 1 In Re Request of the Governor, 2002 Guam 1 [5] (2/7/2002) http://www.justice.gov.gu/supreme/op2002Guam01.htm [5] The Organic Act provides for the creation of the Supreme Court in general terms: 1. Local Courts: Appellate Court Authorized. (a) Composition; establishment of local appellate court. 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 [January 5, 1985], the legislature of Guam may in its discretion establish an appellate court. 48 U.S.C. § 1424-1(a) (1987) (emphasis added). The Legislature argues the Supreme Court's jurisdiction is limited by the language of the above-referenced section to that of an "appellate" court. However, section 1424-1(a) merely states that "the legislature of Guam in its discretion may establish an appellate court." It does not define appellate court. The Legislature refers to the generic definition of appellate court in Black's Law Dictionary to support its position that an appellate court does not review matters of first instance and is not a trial court. However, reliance on the dictionary definition is unsound in light of the provision of the Organic Act which provides: Local Court Jurisdiction. 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 1424(b) of this title. 48 U.S.C. § 1424-1(b) (1987). This section of the Organic Act gives the Legislature broad authority to define the jurisdiction of local courts, The Legislature attempts to distinguish "local court" as used in section 1424-1(b) from "appellate court" as used in section 14241(a). However, section 1424-1(a) defines "local courts" as "such trial court or courts as may have been or may hereafter be established by the laws of Guam." Thus, the Supreme Court of Guam, as a court established by the laws of Guam, is included within the definition of "local court." The language of section 1424-1 is not ambiguous. Because section 1424-1 gives the Legislature the authority to grant jurisdiction to local courts, the Legislature may grant jurisdiction to the Supreme Court as it deems fit. Moreover, unlike other state constitutions which define the respective jurisdiction of each court in that state, the Organic Act does not define or limit the jurisdiction of the Supreme Court of Guam. Cf. State ex rel. Neer v. Indus. Comm'n, 371 N.E.2d 842, 843 (Ohio 1978) (holding that because the Ohio constitution limited the court of appeals' original jurisdiction to certain matters not including declaratory judgments, the court of appeals lacked jurisdiction to render that type of j |