{"data":{"id":"us-gu/7-gca-4401","jurisdiction":"us-gu","citation":"7 GCA § 4401","heading":"Magistrates.","body":"(a) The Chief Justice of the Supreme Court of Guam may appoint such magistrates as are necessary for the proper administration of justice. A magistrate shall be appointed as follows:\n(1) Upon request by the Chief Justice, the Guam Bar Association will solicit interest for the position of magistrate;\n(2) The Guam Bar Association will then submit the names of three (3) candidates to the Chief Justice;\n(3) The Chief Justice must appoint the magistrate from the list provided by the Guam Bar Association.\n(4) The appointment by the Chief Justice is subject to the approval of I Liheslaturan Guåhan. (b) A magistrate shall:\n(1) serve a four (4) year term, removable for cause;\n(2) be at least thirty (30) years of age;\n(3) meet the qualifications required of a Superior Court Judge as articulated by §§ 3109(c), (d) and (e), Title 7, GCA;\n(4) be a member in good standing of the Guam Bar Association;\n(5) not have been convicted of any felony or any misdemeanor involving moral turpitude;\n(6) not be related by blood within the third degree of consanguinity or marriage to a judge or justice of the courts of Guam at the time of his or her initial appointment;\n(7) be subject to the same ethical standards as a Superior Court Judge or Justice, to include the Guam Rules for Judicial Disciplinary Enforcement; and\n(8) receive a salary no greater than ninety percent (90%) of a Judge who is not the Presiding Judge.\n(c) As assigned by the Chief Justice, a magistrate shall:\n(1) preside over and render decisions and judgments in small claims cases, traffic cases, change of name petitions, and collection cases, and may grant uncontested divorces in cases where there is a notarized consent on file;\n(2) enter judgment upon confession of judgment or default judgment in a civil case when a party alleges a sum certain is due;\n(3) preside over post-judgment collection proceedings in civil cases and restitution judgments in criminal cases, and issue writs of execution and other orders in such proceedings;\n(4) preside over first appearances of criminal defendants and arraignments in criminal cases, set or modify bail and order pre-trial release conditions or detention, take pleas, including accepting guilty pleas in misdemeanor cases, sentencing misdemeanants, and entering judgments accordingly;\n(5) issue summons, issue bench warrants, and hear return of warrants in all cases;\n(6) preside over any matters which may be heard by a Referee of the Superior Court of Guam;\n(7) serve as a Special Master upon appointment by the Presiding Judge;\n(8) serve as Judge Pro Temporare upon appointment by the Chief Justice;\n(9) serve as a settlement judge in a civil or domestic case upon appointment by the Presiding Judge;\n(10) conduct criminal trial setting hearings;\n(11) preside over preliminary hearings in criminal cases, and render decisions and judgments over procedural and discovery motions in criminal matters;\n(12) preside over initial scheduling conferences in civil matters, to include, but not limited to: initial pretrial conferences, case scheduling, discovery disputes, motions, and settlement efforts;\n(13) preside over unlawful detainer proceedings;\n(14) hear and determine any pretrial matter, other than case dispositive motions, and preside over status hearings in all matters;\n(15) issue search warrants and issue arrest warrants in all cases;\n(16) take grand jury returns; and\n(17) solemnize marriages.\n(d) The Chief Justice may reappoint a sitting magistrate without confirmation by I Liheslaturan Guåhan upon a unanimous recommendation of the Judicial Council:\n(1) for one (1) additional term of four (4) years; or\n(2) until a new magistrate is appointed and duly confirmed, but not to exceed ninety (90) days.","path":["Title 7: Judiciary and Civil Procedure","Division 1 - Courts and Judicial Officers","Chapter 4: Superior Court","ARTICLE 4: MAGISTRATES AND SATELLITE COURTS"],"source_url":"https://col.guamcourts.gov/sites/default/files/7gc004.pdf","current_through":"P.L. 38-133 (June 4, 2026)","vintage":"","retrieved_at":"2026-09-27T02:30:48Z","sha256":"963d2d146d6fa813f310c9cab39c2efd6b2bf4dbdec31ab686cff5981fecaf20","source_id":"us-gu","stale":false,"prev":"us-gu/7-gca-4302","next":"us-gu/7-gca-4402"},"notice":"GroundRules: Original legal text. Not legal advice."}