
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1424-3]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                            CHAPTER 8A--GUAM
 
                      SUBCHAPTER IV--THE JUDICIARY
 
Sec. 1424-3. Appellate jurisdiction of District Court; 
        procedure; review by United States Court of Appeals for Ninth 
        Circuit; rules; appeals to appellate court
        

(a) Appellate jurisdiction of District Court

    Prior to the establishment of the appellate court authorized by 
section 1424-1(a) of this title, the District Court of Guam shall have 
such appellate jurisdiction over the local courts of Guam as the 
legislature may determine: Provided, That the legislature may not 
preclude the review of any judgment or order which involves the 
Constitution, treaties, or laws of the United States, including this 
chapter, or any authority exercised thereunder by an officer or agency 
of the Government of the United States, or the conformity of any law 
enacted by the legislature of Guam or of any orders or regulations 
issued or actions taken by the executive branch of the government of 
Guam with the Constitution, treaties, or laws of the United States, 
including this chapter, or any authority exercised thereunder by an 
officer or agency of the United States.

(b) Appellate division of District Court; quorum; presiding judge; 
        designation of judges; decisions

    Appeals to the District Court of Guam shall be heard and determined 
by an appellate division of the court consisting of three judges, of 
whom two shall constitute a quorum. The district judge shall be the 
presiding judge of the appellate division and shall preside therein 
unless disqualified or otherwise unable to act. The other judges who are 
to sit in the appellate division of any session shall be designated by 
the presiding judge from among the judges who are serving on, or are 
assigned to, the district court from time to time pursuant to section 
1424b of this title: Provided, That no more than one of them may be a 
judge of a court of record of Guam. The concurrence of two judges shall 
be necessary to any decision of the appellate division of the district 
court on the merits of an appeal, but the presiding judge alone may make 
any appropriate orders with respect to an appeal prior to the hearing 
and determination thereof on the merits and may dismiss an appeal for 
want of jurisdiction or failure to take or prosecute it in accordance 
with the applicable law or rules of procedure.

(c) United States Court of Appeals for Ninth Circuit; jurisdiction; 
        appeals; rules

    The United States Court of Appeals for the Ninth Circuit shall have 
jurisdiction of appeals from all final decisions of the appellate 
division of the district court. The United States Court of Appeals for 
the Ninth Circuit shall have jurisdiction to promulgate rules necessary 
to carry out the provisions of this subsection.

(d) Appeals to appellate court; effect on District Court

    Upon the establishment of the appellate court provided for in 
section 1424-1(a) of this title all appeals from the decisions of the 
local courts not previously taken must be taken to the appellate court. 
The establishment of that appellate court shall not result in the loss 
of jurisdiction of the appellate division of the district court over any 
appeal then pending in it. The rulings of the appellate division of the 
district court on such appeals may be reviewed in the United States 
Court of Appeals for the Ninth Circuit and in the Supreme Court 
notwithstanding the establishment of the appellate court.

(Aug. 1, 1950, ch. 512, Sec. 22C, as added Pub. L. 98-454, title VIII, 
Sec. 801, Oct. 5, 1984, 98 Stat. 1742.)


                             Effective Date

    Section effective on ninetieth day following Oct. 5, 1984, see 
section 1005 of Pub. L. 98-454, set out as an Effective Date of 1984 
Amendment note under section 1424 of this title.
