On the recordSeptember 13, 2004
I am pleased that this bill that I introduced with the gentlewoman from Guam (Ms. Bordallo) is being considered on the floor today. Madam Speaker, in what currently poses a potential threat to self-governance in the territory of Guam, the Guam legislature and the Guam executive branch currently have the power to abolish the Supreme Court of Guam, thus infringing on the judiciary's independence. This unintentional unequal balance of power was created by the 1984 Omnibus Territories Act, which authorized the creation of an appellate court on Guam. Unfortunately, this statute left the newly created court subordinate to the powers of the legislature and the executive. The possibility of removing judges if rulings are unpopular or abolishing the court and replacing it with one elected by the legislature would directly threaten the people of Guam's faith in their own courts and the democratic process. It is an unacceptable situation. This legislation remedies the potential constitutional crisis by making the Supreme Court of Guam a court equal in stature with the other branches of government and providing the Guam judiciary the same protection as the other two branches have in their status under the Organic Act of Guam.
Source
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