The District Court of Guam (in case citations, D. Guam) is a

United States territorial court The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United ...

with jurisdiction over the

United States territory In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters (around islands or continental tracts). The United States asserts sovereign rights for ...

Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...

. It sits in the capital, Hagåtña. Appeals of the court's decisions are taken to the

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

. It is not an

Article III court Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality ...

, and therefore its judges do not have

life tenure A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personall ...

, but are appointed to ten-year terms.

History

The District Court of Guam was established in 1950 by the

Guam Organic Act The Guam Organic Act of 1950, ( ''et seq.'', ) is a United States federal law that redesignated the island of Guam as an unincorporated territory of the United States, established executive, legislative, and judicial branches, and transferred fed ...

to have the same jurisdiction as a

United States district court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...

. Under Section 22(a) of the Guam Organic Act, the Court was granted: * in all causes arising under the laws of the United States, the jurisdiction of a district court of the United States as such court is defined in section 451 of title 28, United States Code; * original jurisdiction in all other causes in Guam, jurisdiction over which has not been transferred by the legislature to other court or courts established by it, and; * such appellate jurisdiction as the legislature may determine. In 1951, the

Guam Legislature The Legislature of Guam ( ch, Liheslaturan Guåhan) is the law-making body for the United States territory of Guam. The unicameral legislative branch consists of fifteen senators, each serving for a two-year term. All members of the legislature a ...

created Commissioners' Courts, the Police Court, and the Island Court, decisions from which were appealable to the District Court. In 1974, the Legislature consolidated these courts into the Guam Superior Court. The legislature also created a Guam Supreme Court to hear appeals from the Superior Court. However, the Ninth Circuit found in 1976 that the appellate jurisdiction of the District Court could not be transferred without authorization by

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

, and the Supreme Court of the United States upheld this ruling in a 5–4 decision in 1977. Justice

Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...

wrote the dissenting opinion, in which he argued that Congress had plainly authorized the enactment of the challenged legislation.''Guam v. Olsen''
431 U.S. 195 (1977). Further legislation divested the District Court's appellate jurisdiction over local matters in 1994. The District Court was housed in the Guam Congress Building from 1950 to 1968, in the Courthouse of Guam from 1968 to 1978, in the Pacific News Building from 1978 to 2000, and since then in the United States Courthouse Building.

Current judge

Vacancy and pending nomination

Former judges

References

External links

District Court of Guam
Government of Guam