TITLE III Persons Specially Invested With CHAPTER I $ 190. Referees. § 190. Referees. Courts of record may appoint referees as provided in the Code of Civil Procedure, the Probate Code, and the applicable rules of procedure. § 191. Duties generally. The clerk of the Island Court shall perform the duties required of him by law as the clerk of that court and of the Police Court. He shall: 1. Take charge of and safely keep, or dispose of according to law, all books, papers, and records which may be filed and deposited in his office; 2. Supervise and direct the work of his deputies and assistants; 3. Attend in person or by deputy each session of the Island Court and the Police Court; 4. Issue all process and notices required to be issued; enter a synopsis of all orders, judgments and decrees proper to be entered at length, keep in the Island Court a docket in which must be entered the title of each cause, with date of its commencement, and enter a memorandum of every subsequent proceeding therein, with the date thereof, and a record of all the fees charged, and 5. Keep such other indices and records and make such reports as may be necessary in the performance of the duties of his office and as may be required by law or by the Judicial Council. [Enacted 1953.] CHAPTER II Reporter of Island Court § 193. Appointment; qualifications. § 194. Duties. § 195. Compensation and fee. § 193. Appointment; qualifications. The Island Court may appoint official reporters for the court in such number as the Judicial Council may designate who shall be subject to removal by the court. The qualifications of the reporters shall be determined by standards formulated by the Judicial Council. [Enacted 1953; amended by P.L. 3-82, effective July 3, 1956.] § 194. Duties. The reporter shall, whenever requested by a party to any action or proceeding, or directed by the court, attend the sessions of the court and record verbatim by shorthand or by mechanical means all the proceedings had in open court in the action or proceeding. The reporter shall attach his official certificate to the original shorthand notes or other original records so taken and promptly file them with the clerk. Upon the request of a party to any such action or proceeding who has agreed to pay the fee therefor, or of a judge of the court, the reporter shall promptly transcribe the original records of the requested part of the proceedings and attach to the transcript his official certificate, and deliver the same to the party or judge making the request and a copy, certified by him, to the clerk for the records of the court. The transcript in any case certified by the reporter shall be deemed prima facie a correct statement of the testimony taken and proceedings had. [Enacted 1953.] § 195. Compensation and fee. Each reporter shall receive a salary to be fixed by the Judicial Council and may charge and collect fees, at rates fixed by the Judicial Council, for transcripts requested by the parties, but not for the certified copy filed with the clerk for the records of the court. Each reporter shall make such reports as the Judicial Council may require as to the transcripts prepared and fees charged by him. [Enacted 1953; amended by P.L. 3-82, effective July 3, 1956.] § 196. Appointment; salary. The Island Court may appoint a marshal of the court who shall be subject to removal by the court. The marshal shall receive a salary to be fixed by the Judicial Council. The marshal with the approval of the court may appoint a deputy whose salary shall be fixed by the Judicial Council. [Enacted 1953.] § 197. Duties. The marshal or his deputy shall attend all the sessions of the Island Court and preserve order thereat. He shall serve and execute process, writs and orders issued under the laws of Guam by a court of record when so directed by the court and for this purpose shall have all the powers conferred by law on the chief of police of Guam and on the commissioners of districts. He shall perform such other duties as may be directed by the Island Court or by the rules of procedure adopted by the Judicial Council. [Enacted 1953.] § 198. Appointment of deputies. The Island Court may appoint employees of the Department of Law and the Department of Administration of the government of Guam as deputies of the Island Court Marshal. Such appointments shall be for a term of one (1) year unless sooner revoked by the Island Court. [Added by P.L. 9-116, effective August 25, 1967; reference to "Department of Finance" changed by Editor to "Administration" pursuant to P.L. 9-239, effective August 13, 1968.] § 199. Duties; compensation. The employees of the Department of Law who are appointed as deputies under § 198 shall exercise their office only in cases wherein the government of Guam is a party. The employees of the Department of Administration who are appointed as deputies under § 198 shall exercise their office only in matters concerning the income tax laws and other tax and revenue laws of the Territory of Guam. All deputies appointed under § 198 shall not be entitled to additional compensation other than the compensation they are receiving as employees of the government of Guam. [Added by P.L. 9-116, effective August 25, 1967; reference to "Department of Finance" changed by Editor to "Administration" pursuant to P.L. 9-239, effective August 13, 1968.] CHAPTER IV Probation Officer of the Territorial Courts $ 200. Appointment; salary. § 201. Duties. $ 200. Appointment; salary. The Island Court may appoint a probation officer and necessary assistants of the territorial courts who shall be subject to removal by the court. The salaries of the probation officer and his assistants shall be fixed by the Judicial Council. [Added by P.L. 7-123, effective June 29, 1964.] § 201. Duties. The probation officer shall furnish to each probationer under his supervision a written statement of the conditions of probation and shall instruct him regarding the same. He shall keep informed concerning the conduct and condition of each probationer under his supervision and shall report thereof to the court. He shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvements in their conduct and condition. He shall keep records of his work, shall keep accurate and complete accounts of all moneys collected from persons under his supervision; shall give receipts thereof, and shall make at least monthly returns thereof; shall make such reports to the Judicial Council as it may at any time require; shall make pre-sentence investigations when directed by the court; and shall perform such other duties as the territorial courts may direct. The probation officer and his assistants shall each, in the course of carrying out their duties, have the powers of peace officers under the laws of the Territory of Guam. [Added by P.L. 7-123, effective June 29, 1964; amended by P.L. 9-49, effective March 22, 1967.] [EDITOR'S NOTE: §§ 200-201 above, were added as §§ 198-199 by P.L. 7-123; renumbered by Editor.] § 202. Bonds of clerks. (a) The Clerk of the Island Court, before entering on the duties of his office, shall give a bond in the sum of ten thousand dollars ($10,000.00), or such greater sum as the Judicial Council may determine, for the faithful performance of duty by himself, his deputies and assistant clerks during his continuance in office and by his deputies and assistant clerks after his death until his successor is appointed and qualifies. The bond shall be approved by the Judicial Council and filed and recorded in the Office of the Clerk of the Island Court. (b) Any person injured by a breach of such bond may sue thereon, in his own name, to recover his damages. Such action shall be commenced within six (6) years after the right accrues, but a person under legal disability may sue within three (3) years after the removal of his disability. After judgment such bond shall remain as security until the whole penalty has been recovered. (c) Such bond shall be a corporate surety bond, and the premium therefor shall be paid out of appropriations for the Judicial Branch of the government of Guam. [Added by P.L. 5-75, effective March 14, 1960.] § 203. Bond of marshal. (a) The marshal of the Island Court, before entering on the duties of his office, shall give a bond in the sum of ten thousand dollars ($10,000.00), or such greater sum as the Judicial Council may determine, for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies. The bond shall be approved by the Judicial Council and filed and recorded in the Office of the Clerk of the Island Court. (b) Any person injured by a breach of such bond may sue thereon, in his own name, to recover his damages. Such action shall be commenced within six (6) years after the right accrues, but a person under legal disability may sue within three (3) years after the removal of his disability. After judgment such bond shall remain as security until the whole penalty has been recovered. |