Page 11 of 103ii The Right to Counsel on Guam EXECUTIVE SUMMARY Executive Summary In 1963, the U.S. [...] Nonetheless, Guam must ensure the independence of right to counsel services. The findings from our evaluation reflect, at root, an indigent defense system that lacks independence. [...] Wainwright that providing the Sixth Amendment right to effective assistance of counsel for the indigent accused in state courts is an obligation of the states under the due process clause of the Fourteenth Amendment.3 The Organic Act of Guam is the controlling law of Guam,4 established by and subject to amendment by the U.S. [...] Navy, and then transferred control to the U.S. Secretary of the Interior on July 1, 1950.34 27 See 3 Guam Code Ann. [...] Page 21 of 1037 The Right to Counsel on Guam THE COURTS & PROSECUTION justice is the chairperson) and two superior court judges (the presiding judge and one other judge appointed by the presiding judge for a three-year term). [...] citizen, a resident of Guam for at least five years, and in the active practice of law for at least 10 years. 7 Guam Code Ann. § 3109(c) (2022). [...] The supreme court is expressly authorized to create other divisions of the superior court. 7 Guam Code Ann. § 2101(a) (2022). [...] citizen, a resident of Guam for at least five years, and in the active practice of law for at least seven years. 7 Guam Code Ann. § 3109(c) (2022). [...] citizen, a resident of Guam for at least five years, and in the active practice of law for at least seven years, 7 Guam Code Ann. [...] 97 This is a narrow area of civil law matters that arise out of Guam’s unique place in history and its relationship to the U.S. federal government.
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