48 U.S.C. § 1424 — District Court of Guam; local courts; juris-

Page 114 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1423j lature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approv- ing the other items, parts, or portions of the bill. In such a case he shall append to the bill at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect. All laws en- acted by the legislature shall be reported by the Governor to the head of the department or agen- cy designated by the President under section 1421a of this title. The Congress of the United States reserves the power and authority to annul the same. (Aug. 1, 1950, ch. 512, § 19, 64 Stat. 389; Pub. L. 90–497, § 8, Sept. 11, 1968, 82 Stat. 847; Pub. L. 93–608, § 1(14), Jan. 2, 1975, 88 Stat. 1969.) Editorial Notes AMENDMENTS 1975—Pub. L. 93–608 struck out requirement that re- ports be transmitted to Congress by the Secretary con- cerned. 1968—Pub. L. 90–497, § 8(a), struck out President’s au- thority to veto territorial legislation referred by the Governor after such legislation had been passed by the legislature over the Governor’s veto. Pub. L. 90–497, § 8(b), struck out provision that, if Congress did not annul laws passed by the legislature and reported to Congress within one year of the date of its receipt by Congress, such laws were deemed to have been approved by Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–497, § 8(b), Sept. 11, 1968, 82 Stat. 847, pro- vided that the amendment made by that section is ef- fective on the date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968. Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. § 1423j. Authorization of appropriations (a) Appropriations, except as otherwise pro- vided in this chapter, and except such appropria- tions as shall be made from time to time by the Congress of the United States, shall be made by the legislature. (b) If at the termination of any fiscal year the legislature shall have failed to pass appropria- tion bills providing for payments of the nec- essary current expenses of the government and meeting its legal obligations for the ensuing fis- cal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be re- appropriated, item by item. (c) All appropriations made prior to August 1, 1950 shall be available to the government of Guam. (Aug. 1, 1950, ch. 512, § 20, 64 Stat. 389.) § 1423k. Right of petition The legislature or any person or group of per- sons in Guam shall have the unrestricted right of petition. It shall be the duty of all officers of the government to receive and without delay to act upon or forward, as the case may require, any such petition. (Aug. 1, 1950, ch. 512, § 21, 64 Stat. 389.) § 1423l. Omitted Editorial Notes CODIFICATION Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 Stat. 1392, which authorized Territorial and local gov- ernments of Guam to make purchases through General Services Administration, was from the Department of the Interior and Related Agencies Appropriations Act, 1993, and was not repeated in subsequent appropriation acts. See section 1469e of this title. Similar provisions were contained in the following prior appropriation acts: Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1007. Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1932. Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 716. Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797. Dec. 22, 1987, Pub. L. 100–202, § 101(g) [title I], 101 Stat. 1329–213, 1329–231. Oct. 18, 1986, Pub. L. 99–500, § 101(h) [title I], 100 Stat. 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, § 101(h) [title I], 100 Stat. 3341–242, 3341–258. Dec. 19, 1985, Pub. L. 99–190, § 101(d) [title I], 99 Stat. 1224, 1238. Oct. 12, 1984, Pub. L. 98–473, title I, § 101(c) [title I], 98 Stat. 1837, 1851. Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931. Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401. Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965. Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052. Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987. Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812. Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433. Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512. Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151. July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430. June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339. Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250. May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112. June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163. July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265. June 13, 1956, ch. 380, title I, 70 Stat. 264. June 16, 1955, ch. 147, title I, 69 Stat. 149. July 1, 1954, ch. 446, title I, 68 Stat. 372. July 31, 1953, ch. 298, title I, 67 Stat. 273. July 9, 1952, ch. 597, title I, 66 Stat. 457. Aug. 31, 1951, ch. 375, title I, 65 Stat. 263. Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694. SUBCHAPTER IV—THE JUDICIARY § 1424. District Court of Guam; local courts; juris- diction (a) District Court of Guam; unified court system (1) The judicial authority of Guam shall be vested in a court established by Congress des- Page 115 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1424–1 ignated as the ‘‘District Court of Guam’’, and a judicial branch of Guam which branch shall con- stitute 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 Supe- rior Court of Guam) and any other local courts or divisions of local courts that the Supreme Court of Guam shall designate. (b) Jurisdiction The District Court of Guam shall have the ju- risdiction of a district court of the United States, including, but not limited to, the diver- sity jurisdiction provided for in section 1332 of title 28, and that of a bankruptcy court of the United States. (c) Original jurisdiction 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 sub- section, the district court shall be considered a court established by the laws of Guam for the purpose of determining the requirements of in- dictment by grand jury or trial by jury. (Aug. 1, 1950, ch. 512, § 22, 64 Stat. 389; Aug. 27, 1954, ch. 1017, § 1, 68 Stat. 882; Pub. L. 85–444, §§ 1, 2, June 4, 1958, 72 Stat. 178, 179; Pub. L. 95–598, title III, § 335, Nov. 6, 1978, 92 Stat. 2680; Pub. L. 98–454, title VIII, §§ 801, 803, title X, § 1001, Oct. 5, 1984, 98 Stat. 1741, 1743, 1745; Pub. L. 108–378, § 1(a), Oct. 30, 2004, 118 Stat. 2206.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–378 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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 estab- lished by the laws of Guam in conformity with section 1424–1 of this title.’’ 1984—Pub. L. 98–454 amended section generally, strik- ing 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 Dis- trict Court of Guam unless and until made so applica- ble by laws enacted by the Legislature of Guam, re- pealed 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 sec- tions 1424–1 to 1424–4, with amendments, the remaining provisions formerly set out in this section relating to the creation, jurisdiction, and rules governing proce- dure in the Guam judicial system. 1978—Subsec. (a). Pub. L. 95–598, § 335(a), inserted ‘‘and a bankruptcy court’’. Subsec. (b). Pub. L. 95–598, § 335(b), substituted ‘‘sec- tion 2075 of title 28, in cases under title 11,’’ for ‘‘sec- tion 53 of title 11, in bankruptcy cases;’’. 1958—Subsec. (a). Pub. L. 85–444 provided that the Dis- trict 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. 1954—Subsec. (b). Act Aug. 27, 1954, inserted provi- sions making it clear that trial by jury or the prosecu- tion 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT 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 en- acting provisions set out as notes under sections 1424b, 1612, and 1614 of this title and section 373 of Title 28, Ju- diciary and Judicial Procedure] shall become effective on the ninetieth day following their enactment [Oct. 5, 1984].’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 335(b) of Pub. L. 95–598 effec- tive Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Pub. L. 95–598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. 2682, which provided a prospective effective date for the amendment of subsec. (a) by section 335(a) of Pub. L. 95–598, was repealed by section 1001 of Pub. L. 98–454. EFFECTIVE DATE OF 1954 AMENDMENT Act Aug. 27, 1954, ch. 1017, § 2, 68 Stat. 883, provided that: ‘‘The amendment made by section 1 [amending this section] shall be deemed to be in effect as of Au- gust 1, 1950.’’ SEPARABILITY Act Aug. 27, 1954, ch. 1017, § 4, 68 Stat. 883, provided: ‘‘If any particular provision of this Act [amending this section and enacting provisions set out as notes under this section], or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to other per- sons or circumstances shall not be affected thereby.’’ NONREVERSAL OF CONVICTIONS PRIOR TO AUGUST 27, 1954 Act Aug. 27, 1954, ch. 1017, § 3, 68 Stat. 883, provided: ‘‘No conviction of a defendant in a criminal proceeding in the District Court of Guam heretofore had shall be reversed or set aside on the ground that the defendant was not indicted by a grand jury or tried by a petit jury.’’ § 1424–1. Jurisdiction and powers of local courts (a) Supreme Court of Guam The Supreme Court of Guam shall be the high- est court of the judicial branch of Guam (exclud- ing the District Court of Guam) and shall— (1) have original jurisdiction over pro- ceedings necessary to protect its appellate ju- risdiction and supervisory authority and such