two (2) 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. [Enacted 1953.] [Note: See Rule 3, Police Court Rules, Penal Code 1970 volume re procedure.]

§ 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. [Enacted 1953.] [EDITOR'S NOTE: Island Court Rules of Criminal Procedure are found in the 1970 edition of the Penal Code; Island Court Rules of Civil Procedure are in this 1970 edition of Civil Procedure. Pursuant to P.L. 9-256, the Judicial Council submitted the foregoing rules to the Guam Legislature, and they were adopted en toto by the Legislature, effective July 31, 1969.]

§ 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. [Enacted 1953.]

§ 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. [Enacted 1953.]

$ 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. [Enacted 1953.]

§ 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. [Enacted 1953.]

§ 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. [Enacted 1953.]

CHAPTER III-A

Nonpartisan Selection of Judges

§ 90. Court subject to plan; appointments to fill vacancies.

§ 91. Tenure of judges; declarations of candidacy; form of judicial ballot; rejection and retention.

§ 92. Certification of names upon declarations; law applicable to elections. § 93. Nonpartisan judicial commission; number, qualification, selection and terms of members; majority rule; reimbursement of expenses; rules of Judicial Council.

§ 94. Prohibition of political activity by judges.

§ 90. Court subject to plan; appointments to fill vacancies. Whenever a vacancy shall occur in the office of Judge of the Island Court, the Governor shall fill such vacancies by appointing one (1) of three (3) persons possessing the qualifications for such office, who shall be nominated and whose names shall be submitted to the Governor by a nonpartisan judicial commission established and organized as hereinafter provided. [Added by P.L. 9-256, effective January 8, 1969.]

§ 91. Tenure of judges; declarations of candidacy; form of judicial ballot; rejection and retention. Each judge appointed pursuant to the provisions of this Chapter shall hold office for a term ending December 31st following the next general election after the expiration of five years in the office. Any judge holding office at the time the provisions of this Chapter go into effect, shall, unless removed for cause, remain in office for the term to which he would have been entitled had the provisions of this Chapter not become applicable to his office. Not less than sixty (60) days prior to the holding of the general election next preceding the expiration of his term of office, any judge whose office is subject to the provisions of this Chapter may file in the office of the Election Commissioner a declaration of candidacy for election to succeed himself. If a declaration is not so filed by any judge, the vacancy resulting from the expiration of his term of office shall be filled by appointment as herein provided. If such a declaration is filed, his name shall be submitted at said next general election, on a separate judicial ballot, without party designation, reading:

"Shall Judge

(Here the name of the judge shall be inserted) of the Island Court be retained in office? Yes No." (Scratch one.) If a majority of those voting on the question vote against retaining him in office, upon the expiration of his term of office, a vacancy shall exist which shall be filled by appointment as provided in § 90; otherwise, said judge shall, unless removed for cause, remain in office for ten (10) years after December 31st following such election, and at the expiration of each such term shall be eligible for retention in office by election in the manner herein prescribed. [Added by P.L. 9-256, effective January 8, 1969.]

§ 92. Certification of names upon declarations; law applicable to elections. Whenever a declaration of candidacy for election to succeed himself is filed by any judge under the provisions of this Chapter, the Election Commissioner shall not less than thirty (30) days before the election certify the name of said judge to the Election Commission and the judicial ballots required by this Chapter shall be prepared, printed, published and distributed, and the election upon the question of retention of such judge in office shall be conducted and the votes counted, canvassed, returned, certified and proclaimed by such public officials in such manner as is now provided by the Election Law. [Added by P.L. 9-256, effective January 8, 1969.]

§ 93. Nonpartisan judicial commission; number, qualification, selection and terms of members; majority rule; reimbursement of expenses; rules of Judicial Council. A nonpartisan judicial commission whose duty it shall be to nominate and submit to the Governor names of persons for appointment as provided by this Chapter is hereby established and shall consist of three (3) members, one of whom shall be the Chief Judge of the Island Court of Guam, who shall act as chairman (except that if the vacancy to be filled is that of Chief Judge of the Island Court, then the chairman of the Committee on Judiciary of the Legislature shall be a member of such commission in lieu of the Chief Judge), and the remaining two (2) members shall be chosen in the following manner: The members of the bar of Guam shall elect one (1) of their number to serve as a member of said commission, and the Governor shall appoint one (1) citizen, not a member of the bar, from among the residents of Guam, to serve as a member of said commission. The terms of office of the members of such commission shall be fixed by the Judicial Council and may be changed from time to time, but not so as to shorten or lengthen the term of any member then in office. No member of any such commission other than the chairman shall hold any public office, and no member, except the chairman of the Committee on Judiciary, shall hold any official position in a political party. The commission may act only by the concurrence of a majority of its members. The members of the commission shall receive no salary or other compensation for their services as such, but they shall receive their necessary traveling and other expenses incurred while actually engaged in the discharge of their official duties. The commission shall be administered, and all elections provided for under this section shall be held and regulated under such rules as the Judicial Council shall promulgate. [Added by P.L. 9-256, effective January 8, 1969.]

§ 94. Prohibition of political activity by judges. No judge of any court of record, appointed to or retained in office in the manner prescribed in this Chapter, shall directly or indirectly make any contribution to or hold any office in a political party or organization, or take part in any political campaign. [Chapter III(a), consisting of §§ 90-94, added by P.L. 9-256, effective January 8, 1969.]

§ 101. Judge. A judge of the Island Court, as designated by the Chief Judge, shall preside over all proceedings in the Police Court. [Enacted 1953; amended by P.L. 5-79, effective March 14, 1960.]

§ 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 a misdemeanor in which the maximum penalty that may be imposed does not exceed a fine of one hundred dollars ($100.00), or imprisonment for six (6) months, or both, except that with regard to criminal cases arising under the Vehicle Code (Title XXIV of the Government Code of Guam), such jurisdiction shall extend to all criminal cases amounting to a misdemeanor in which the maximum penalty that may be imposed does not exceed a fine of two hundred fifty dollars ($250.00), or imprisonment for six (6) months, or both. [Enacted 1953; amended by P.L. 4-54, effective February 14, 1958.]

§ 103. Transfer of cases to Island Court. (Repealed). [Enacted 1953; repealed by P.L. 5-79, effective March 14, 1960.]

§ 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 thirty (30) days after the determination by the commissioner concerned. The procedure on appeal may be prescribed by rules adopted by the Judicial Council. [Enacted 1953.]

§ 105. Procedure. The procedure in the Police Court may be prescribed by rules adopted by the Judicial Council. To the