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District Court of Guam

From Wikipedia, the free encyclopedia
United States territorial court

District Court of Guam
Fanhusgayan Destriton Guåhån (Chamorro)
(D. Guam)
LocationUnited States Courthouse
Appeals toNinth Circuit
Established1950
AuthorityArticle IV tribunal
Created byGuam Organic Act of 1950
48 U.S.C. §§ 14241424c
Composition methodPresidential nomination
withSenateadvice and consent
Judges1
Judge term length10 years (and until successor is chosen and qualified)
Chief JudgeFrances Tydingco-Gatewood
Officers of the court
U.S. AttorneyShawn N. Anderson
U.S. MarshalFernando L. G. Sablan
www.gud.uscourts.gov

TheDistrict Court of Guam[1] (in case citations,D. Guam) is aUnited States territorial court with jurisdiction over theUnited States territory ofGuam. It sits in the capital,Hagåtña. Appeals of the court's decisions are taken to theUnited States Court of Appeals for the Ninth Circuit. It is not anArticle III court, and therefore its judges do not havelife tenure, but are appointed to ten-year terms.[2]

History

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Courthouse in Hagåtña

The District Court of Guam was established in 1950 by theGuam Organic Act to have the same jurisdiction as aUnited States district court.[1] 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 adistrict 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, theGuam Legislature 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 aGuam 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 byCongress, and the Supreme Court of the United States upheld this ruling in a 5–4 decision in 1977. JusticeThurgood Marshall wrote the dissenting opinion, in which he argued that Congress had plainly authorized the enactment of the challenged legislation.[3] Further legislation divested the District Court's appellate jurisdiction over local matters in 1994.[4]

The District Court was housed in theGuam 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.[4]

Current judge

[edit]

As of August 8, 2006[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
6Chief JudgeFrances Tydingco-GatewoodHagåtña19582006–present2006–presentG.W. Bush

Vacancy and pending nomination

[edit]
SeatPrior judge's duty stationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
1HagåtñaFrances Tydingco-GatewoodTerm expiredOctober 30, 2016

Former judges

[edit]
#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
1Paul D. ShriverGU1951–19591951–1959 Truman
2Eugene R. GilmartinGU1959–19611959–1961 Eisenhower
3Paul D. ShriverGU1961–19691961–1969 Kennedy
4Cristobal C. DuenasGU1969–19911969–1991 NixonResignation
5John S. UnpingcoGU1950–20231992–20041992–2004G.H.W. BushExpiration of term

See also

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References

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  1. ^ab"The Organic Act of Guam"(PDF). District Court of Guam. RetrievedApril 8, 2010.The judicial authority of Guam shall be vested in a court established by Congress designated as the "District Court of Guam" ...The District Court of Guam shall have the jurisdiction of a district court of the United States, 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.
  2. ^"48 U.S. Code § 1424b – Judge of District Court; appointment, tenure, removal, and compensation; appointment of United States attorney and marshal".Legal Information Institute. Cornell Law School. RetrievedAugust 25, 2017.
  3. ^Guam v. Olsen, 431 U.S. 195 (1977).
  4. ^ab"History of the District Court of Guam"(PDF).gud.uscourts.gov. District Court of Guam. Archived fromthe original(PDF) on January 25, 2017. RetrievedJuly 27, 2017.

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American Samoa does not have a district court or federal territorial court; federal matters there go to theDistrict of Columbia,Hawaii, orits own Supreme Court.
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