found in contempt of court may be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed fifty (50) days, or by both such fine and imprisonment. [Enacted 1953.] § 270. Fees not to be charged. In proceedings under this Title, no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition. No employee of the government of Guam shall be entitled to receive any fee for the service of process or for attendance in court in any such proceedings. All other persons acting under orders of the court may be paid for service of process and attendance or service as witness, the fees provided by law for like services in cases before the Island Court, to be paid from the appropriation provided when the allowances are certified by the judge. [Enacted 1953.] § 271. Records. The court shall make and keep records of all cases brought before it, and shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. The court's official records shall be open to inspection only as provided by § 271.1 or by order of the judge to persons having a legitimate interest therein. All information obtained and social records prepared in the discharge of official duty by any employee of the court or by any employee of the government of Guam at the request of the court shall be privileged and shall not be disclosed directly, or indirectly to anyone other than the judge or others entitled under this Title to receive such information, except as provided by § 271.1 or unless and until otherwise ordered by the judge. [Enacted 1953; amended by P.L. 7-99, effective February 20, 1964.] § 271.1. Same: limited disclosure. Those official records of the court, and the police reports in connection therewith, dealing with the violation or attempted violation by a child (except when the violation or attempted violation is a first offense) of any Federal, State or Territorial law or a regulation having the force and effect of law shall be open to inspection. [Added by P.L. 7-99, effective February 20, 1964.] § 272. Appeals. An interested party aggrieved by order or decree of the court may apply to the District Court of Guam for the allowance of an appeal, and the said court may allow such appeal whenever in the opinion of said court the order or decree ought to be reviewed. Written notice of intention to make such application for appeal shall be given to the Juvenile Court within ten (10) days after the entry of the order or decree to be appealed from. The application of said appeal shall be in writing, shall be verified, shall state fully the grounds therefor, and shall include copies of the petition and court orders and a narrative statement of the proceedings authenticated by the judge of the Juvenile Court, together with all exceptions to such narrative statement noted by the parties. All such papers shall be presented to said District Court within such time as that court may by rule prescribe. If an appeal is allowed it shall be heard at the earliest practicable time. In the District Court the case shall be heard on the law and the facts as established by the record. The pendency of an appeal or application therefor shall not suspend the order of the Juvenile Court regarding a child nor shall it discharge the child from custody of that court or of the person, institution or agency to whose care such child shall have been committed. If the District Court does not dismiss the proceedings and discharge the child, it shall affirm or modify the order of the Juvenile Court and remand the child to the jurisdiction of that court for supervision and care, and thereafter the child shall be and remain under the jurisdiction of the Juvenile Court in the same manner as if no appeal had been taken. [Enacted 1953; see Rule 21, Part VI, Penal Code 1970 edition.] § 273. Assistance to court by public and private bodies. It is hereby made the duty of every public official or department to render all assistance and cooperation within his or its jurisdictional power which may further the objects of this Title. The court is authorized to seek the cooperation of all societies or organizations having for their object the protection or aid of children. The court is further authorized to request the aid of the several commissioners of Guam to assist in the supervision of minors over whom the court is exercising its jurisdiction. [Enacted 1953; amended by P.L. 2-67, effective February 18, 1954.] § 273.1. Juvenile conference committees. The judge shall appoint men and women from the various districts and municipalities within the territory, who shall be representative of their respective municipalities or districts and may include but are not limited to, commissioners, probation officers, police or educational personnel, to serve as members of juvenile conference committees, at the pleasure of the court. One such committee may serve two or more adjacent municipalities or districts, provided that all such municipalities or districts are ultimately represented in such a committee. All appearances before such a committee shall be voluntary on the part of all concerned and there shall be no compulsion to so appear. If it shall appear that satisfactory adjustment through voluntary cooperative procedure cannot be attained, or that any party to the proceeding is not satisfied, the matter shall be referred or returned to the court as the case may be. Such committee shall serve as a friend of the court in making a special study and investigation of each juvenile offender referred to it by the court, which referral may be by general classification of subject matter or specific cases. Such committee shall attempt to determine what factors brought about the antisocial behavior complained of, and shall devise ways and means of setting up an individualized plan or program to aid such juvenile so that he may be trained and developed into an acceptable member of society and a good citizen and so as not to become a confirmed delinquent or criminal. It shall be the committee's duty to supervise the program of adjustment and to keep the court advised. All matters coming before such a committee shall be held in strict confidence and shall under no circumstances become public. Every person appointed to a committee established pursuant to this section shall be duly instructed by the judge as to the secrecy and confidential nature of such service, and shall take an oath to preserve such information inviolate. [Added by P.L. 9-7, effective February 13, 1967.] § 274. Juvenile crime prevention branch; establishment of. (Repealed). [Original § 274, as enacted 1953, was renumbered to § 278 by P.L. 9-54, effective March 24, 1967. New § 274, as added by P.L. 9-54, was repealed by P.L. 9-208, effective July 18, 1968.] § 275. Duties and powers; reports. (Repealed). [Original § 275, as enacted 1953, was renumbered to § 279 by P.L. 9-54, effective March 24, 1967. New § 275, as added by P.L. 9-54, was repealed by P.L. 9-208, effective July 18, 1968.] § 276. No limitations on Juvenile Court. (Repealed). [Original § 276, as enacted 1953, was renumbered to § 280 by P.L. 9-54, effective March 24, 1967. New § 276, as added by P.L. 9-54, was repealed by P.L. 9-208, effective July 18, 1968.] § 277. Rules and standards; investigation and questioning; fingerprinting and photographing. The judges of the Juvenile Court shall make such rules and set up such standards of investigation and questioning as they consider necessary to guide and control the police in the handling of cases involving minors coming within the provisions of this Chapter. Such rules and standards shall include limitations and restrictions concerning the fingerprinting and photographing of any child in police custody. Such rules shall be enforceable as orders of the court. [Original § 277, as enacted 1953, was renumbered to § 281 by P.L. 9-54, effective March 24, 1967. Present § 277 added by P.L. 9-54, effective March 24, 1967.] § 278. Construction of law. This Title shall be liberally construed to the end that each child coming within the jurisdiction of the court shall receive such care, guidance and control, preferably in his own home, as will conduce to the child's welfare and the best interests of the territory, and that when such child is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which should have been given to him by them. [Enacted as § 274, in 1953; renumbered to § 278 by P.L. 9-54, effective March 24, 1967.] § 279. Severability. If any section, subdivision or clause of this Title shall be held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Act. [Enacted as § 275 in 1953; renumbered to § 279 by P.L. 9-54, effective March 24, 1967.] § 280. Repeal of inconsistent laws. All laws and parts of laws inconsistent herewith are, to the extent of such inconsistency, repealed. [Enacted as § 276 in 1953; renumbered to § 280 by P.L. 9-54, effective March 24, 1967.] § 281. Title. This Title may be cited as the Juvenile Court Act. [Enacted as § 277 in 1953; renumbered to § 281 by P.L. 9-54, effective March 24, 1967.] § 282. Appropriations authorized. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Title. [Enacted as § 278 in 1953; renumbered to § 282 by P.L. 9-90, effective August 17, 1967.] PART II Civil Actions Title I. Form of Civil Actions. III. IV. Time of Commencing Civil Actions. Place of Trial of Civil Actions. V. Manner of Commencing Civil Actions. VII. Provisional Remedies in Civil Actions. [EDITOR'S NOTE: 48 U.S.C.A. § 1424 states in part: "The rules heretofore or hereafter promulgated and made effective by the Supreme Court of the United States pursuant to § 2072 of Title 28 in Civil cases; § 2073 of Title 28 in Admiralty cases; §§ 3771 and 3772 of Title 18 in Criminal cases; and § 53 of Title 11 in Bankruptcy cases; shall apply to the District Court of Guam and to appeals therefrom; except that no provisions of any such rules which authorize or require trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information shall be applicable by [to] laws enacted by the Legislature of Guam." Rules of Civil procedure for the Island Court of Guam can be found in Appendix A of this Edition; rules relating to Criminal Procedure, Island Court of Guam, are located in the 1970 volume of the Penal Code. With reference to the District Court, civil proceedings in this Part II which conflict with, or appear to be inconsistent with the Federal Rules of Civil Procedure, have been so noted by the Editor in appropriate section footnotes.] |