which is in excess of the jurisdiction of the Island Court the entire action shall be transferred by the Island Court to the District Court which shall have jurisdiction to hear and determine both the complaint and cross complaint. If an action or proceeding within the jurisdiction of the District Court is now pending or hereafter brought in the Island Court it shall on motion of any party be transferred by the Island Court to the District Court. Section 83. Appellate jurisdiction and procedure.-The Island Court shall have appellate jurisdiction in all cases tried and determined in the Police Court in which the punishment imposed is a fine of more than $25 or imprisonment or both. Such an appeal shall be taken within two court days after the judgment is rendered by the Police Court and shall be taken by filing a written notice of appeal with the clerk of the Island Court. The procedure on appeal may be prescribed by rules adopted by the Judicial Council. To the extent not so prescribed the procedure shall be governed by the Penal Code and by the rules of the Island Court. Section 84. Procedure, rules and writs.—The practice and procedure in the Island Court may be prescribed by rules adopted by the Judicial Council. The Island Court may from time to time prescribe rules for the conduct of its business consistent with law and with the rules prescribed by the Judicial Council. The Island Court may issue writs of habeas corpus, certiorari or review, mandamus or mandate, prohibition and all other writs necessary or appropriate in aid of its original or appellate jurisdiction and agreeable to the usages and principles of law. Section 85. Chief judge; powers.-The chief judge of the Island Court shall in accordance with the rules of practice and procedure prescribe the order of business in the court and distribute the business and assign the cases to the judges of the court. He shall see to the prompt and efficient administration of the business of the court and the clerk and other officers of the court shall perform their duties under his supervision. The chief judge shall preside at all sessions of the court which he attends. During his absence or disability or in the case of a vacancy in the office of chief judge, his duties shall be performed by the judge who is senior in commission among the other judges of the court. Section 86. Power of single judge.—Except as otherwise provided by law or rule or order of court the judicial power of the Island Court with respect to any action or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of the court at the same time other sessions are held by other judges. Section 87. Sessions.-The Island Court shall be always open on court days. It shall hold its regular sessions in Agana at times determined by the rules of the court approved by the Judicial Council. Special sessions may be held at such places in Guam as the nature of the business may require and upon such notice as the court orders, pursuant to rules approved by the Judicial Council. Section 88. Clerk.-The Island Court shall appoint a clerk who shall be subject to removal by the court. The clerk may appoint, with the approval of the court, necessary deputies and assistants in such number as may be approved by the Judicial Council. Such deputies and assistants shall be subject to removal by the clerk with the approval of the court. The salaries of the clerk and his deputies and assistants shall be fixed by the Judicial Council. Section 89. Transfer of records and pending proceedings of Justice Court. All records, books, papers, causes, actions and proceedings lodged, deposited or pending in the former Justice Court are transferred to the Island Court which shall have the same jurisdiction over them as if they had been in the first instance lodged, deposited, filed or commenced therein. CHAPTER IV-POLICE COURT Section 101. Appointment, tenure and salary of judge. 102. Original jurisdiction. 103. Transfer of cases to Island Court. 104. Appellate jurisdiction. 105. Procedure. 106. Sessions. 107. Clerk. Section 101. Appointment, tenure and salary of judge.-The Police Court shall consist of one judge who shall be appointed by the Governor, by and with the advice and consent of the Legislature, for a term of four years unless sooner removed for cause. The salary of the judge of the Police Court shall be fixed by law and shall not be diminished during his term of office. Section 102. Original jurisdiction.-The Police Court shall have original jurisdiction, exclusive of the District Court but concurrent with the Island Court, in all criminal cases arising under the laws of Guam amounting to misdemeanor in which the maximum penalty that may be imposed does not exceed a fine of $100 or imprisonment for 6 months or both. Section 103. Transfer of cases to Island Court.-Upon motion of the Attorney General or of the defendant any criminal case brought in the Police Court in which the maximum penalty which may be imposed exceeds a fine of $50 or imprisonment for 3 months or both, shall be transferred by the Police Court to the Island Court for trial and determination. Section 104. Appellate jurisdiction.-The Police Court shall have appellate jurisdiction to hear and determine de novo all cases of petty criminal offenses determined by commissioner's courts. Appeals in such cases must be taken within 30 days after the determination by the commissioner concerned. The procedure on appeal may be prescribed by rules adopted by the Judicial Council. Section 105. Procedure. The procedure in the Police Court may be prescribed by rules adopted by the Judicial Council. To the extent not so prescribed the procedure shall be governed by the Penal Code. Section 106. Sessions.-The Police Court shall hold its sessions in Agana and in such other places as its business may require. Section 107. Clerk.-The clerk of the Island Court shall be, ex officio, clerk of the Police Court. Section CHAPTER V-COMMISSIONER'S COURTS 111. Composition. 112. Jurisdiction. 113. Procedure. Section 111. Composition.-Commissioner's courts are held by the commissioners of the several districts of Guam. Section 112. Jurisdiction.-Commissioner's courts shall have original jurisdiction, exclusive of the District Court but concurrent with the Island Court and the Police Court, to hear and determine summarily cases of petty criminal offenses under the laws of Guam committed within their respective districts in which the maximum punishment that may be imposed is a fine of not more than $5. Section 113. Procedure.-The procedure in commissioner's courts may be prescribed by rules adopted by the Judicial Council. Section CHAPTER VI-JUDICIAL COUNCIL 121. Composition. 122. Powers and duties. 123. Rules of practice and procedure. 124. Observance of rules and orders. Section 121. Composition.-There shall be a Judicial Council of Guam, which shall consist of the judge of the District Court of Guam, who shall be chairman, the chief judge of the Island Court, the chairman of the Committee on the Judiciary of the Legislature, the Attorney General of Guam and the president of the Bar Association of Guam. The concurrence of three members shall be necessary to any action taken by the Judicial Council. The Judicial Council may elect a vice-chairman from among its membership and a secretary who shall not be a member of the Judicial Council. No member or officer of the Judicial Council, except the secretary, shall receive any compensation as such. Section 122. Powers and duties.-The Judicial Council shall from time to time: (1) Meet at the call of the chairman or as otherwise provided by it; (2) Periodically survey the condition of business in the several courts of the territory with a view to simplifying and improving the administration of justice; (3) Make all necessary orders for the effective and expeditious administration of the business of the courts of the territory; (4) Report to the Governor and the Legislature annually as to the state of the business of the courts with such recommendations as it may deem proper; and (5) Exercise such other functions as may be provided by law. Section 123. Rules of practice and procedure.-The Judicial Council shall have power from time to time to prescribe, by general rules, the forms of process, writs, pleadings and motions, and the practice and procedure of the District Court of Guam in the exercise of its appellate jurisdiction, and of the Island Court, the Police Court and the commissioner's courts. Such rules shall not impose any tax, charge or penalty upon any legal proceedings, or for filing any pleading allowed by law, but they may prescribe the fees to be paid for services performed by officers of the courts and which shall be taxable as costs. Rules adopted by the Judicial Council under the authority of the courts affected thereby and with the Legislature and the Secretary of Guam and shall take effect on the date fixed therein. All laws of Guam in conflict with such rules shall be of no further force after they take effect. Section 124. Observance of rules and orders.-It shall be the duty of the judges and officers of the several courts of the territory to observe and carry out the rules and orders made by the Judicial Council under the authority of law. CHAPTER VII-GENERAL PROVISIONS RESPECTING Section COURTS OF JUSTICE 131. Proceedings and records public. 132. Civil liability of judge. 133. Incidental powers and duties of courts. 134. Harmless errors and defects. 135. Adjournment for absence of judge. 136. Assignment and appointment of judges temporarily. 137. Seals of courts. Section 131. Proceedings and records public.-The sessions of every court of justice shall be open to the public. The records of every court of justice shall be public records and shall be open to the inspection of any citizen or party in interest, under the supervision of the clerk of the court having custody of the records, during business hours. Section 132. Civil liability of judge.—No judge shall be liable in a civil action for damages by reason of any judicial action or judgment rendered by him in good faith. Section 133. Incidental powers and duties of courts.-Every court shall have power: (1) To preserve and enforce order in its immediate presence; (2) To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority; (3) To provide for the orderly conduct of proceedings before it or its officers; (4) To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein; (5) To control in furtherance of justice the conduct of its ministerial officers and of all other persons in any manner connected with a judicial proceeding before it in every matter appertaining thereto; (6) To compel the attendance of persons to testify in an action or proceeding pending therein in the cases and manner provided in this code and in the Penal Code; (7) To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties; and (8) To amend and control its process and orders so as to make them conformable to law and justice. Section 134. Harmless errors and defects.-On the hearing of any appeal the court shall give judgment after an examination of the record without regard to errors or defects which do not affect the substantial rights of the parties. Such defects shall not invalidate any judgment, order, writ or process or warrant disobedience thereof, provided the meaning thereof can be clearly understood from the language used therein. Section 135. Adjournment for absence of judge.—If no judge attends on the day appointed for a session of any court, or on the day to which it may have adjourned, before noon, the clerk may adjourn the court until the next day and so on from day to day, until the judge attends or by written order directs the court to be adjourned to a day certain fixed in the order, in which case the clerk shall so adjourn it. In case the judge is absent for more than 10 days or is disabled or disqualified from acting the clerk shall forthwith notify the chairman of the Judicial Council of the fact. Section 136. Assignment and appointment of judges temporarily.—If a judge of a territorial court is absent, disabled or disqualified from acting and if the proper dispatch of the business of the court so requires, the Judicial Council may, in the case of the District Court, request the Chief Justice of the United States to assign a judge thereto temporarily as provided by Section 24 (a) of the Organic Act of Guam, and, in the case of the Island Court or the Police Court, may temporarily assign the judge of the Police Court to the Island Court or a judge of the Island Court to the Police Court, as the case may be. If the proper dispatch of the business of the Island Court or the Police Court so requires, the Governor, upon the request of the Judicial Council, may appoint a judge pro tempore to serve for a designated temporary period in the court. Section 137. Seals of courts.—Each territorial court, except the commissioner's courts, shall have a seal which shall be kept by its clerk. The seal of the court need be affixed only to writs and process, to certificates of probate of a will or the appointment of an executor, administrator or guardian, and to the authentication of a copy of a record or other proceeding of the court or of an officer thereof, or of a copy of a document on file in the office of the clerk. TITLE II JUDICIAL OFFICERS CHAPTER I. Powers of judges in chambers. Section II. Disqualifications of judges. III. Incidental powers and duties of judicial officers. CHAPTER I.- POWERS OF JUDGES IN CHAMBERS 165. Powers of presiding judge of appellate division. 166. Powers of other judges. Section 165. Powers of presiding judge of appellate division. The presiding judge of the appellate division of the District Court may, in chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application and may, in his discretion, hear applications to discharge such orders and writs. Section 166. Powers of other judges.-The judges of the District and Island Courts may, in chambers, in matters within the jurisdiction of their respective courts: (1) Grant all orders and writs which are usually granted in the first instance upon an ex parte application, hear and dispose of such orders and writs, appoint appraisers, receive inventories and accounts to be filed, suspend the powers of executors, administrators or guardians in the cases allowed by law, grant special letters of administration or guardianship, approve claims and bonds and direct the issuance |